BILL NUMBER: SB 847 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 23, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Correa
FEBRUARY 18, 2011
An act to amend Section 11362.768 of the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL’S DIGEST
SB 847, as amended, Correa. Medical Marijuana Program: zoning
restrictions: residential use.
Existing law, the Compassionate Use Act of 1996, an initiative
measure, prohibits prosecution, pursuant to provisions of law
relating to the possession or cultivation of marijuana, of a patient
or a patient’s primary caregiver who possesses or cultivates
marijuana for the personal medical purposes of the patient upon the
written or oral recommendation or approval of a physician.
Existing law, the Medical Marijuana Program, requires the State
Department of Public Health to establish a voluntary program for the
issuance of identification cards to patients and primary caregivers
under the Compassionate Use Act and grants immunity from arrest for
violation of proscribed provisions relating to the cultivation,
possession, transportation, and sale of marijuana, if conditions of
the act are met.
The Medical Marijuana Program prohibits a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider from being located within a 600-foot radius of a school.
This bill would, also, prohibit a marijuana cooperative,
collective, dispensary, operator, establishment, or provider from
being located within a 600-foot radius of a residential zone or
residential use unless a local ordinance, which may be more or less
restrictive than the standard, is passed by the city council or
county board of supervisors specifically regulating the location of
these establishments in relation to residential zones or residential
use. The bill would define “city” for these purposes to mean a general law city, a charter city, and a city and county. The bill would declare establishment of proximity standards to be of statewide concern and not a muni cipal affair .
By changing the definition of an existing crime, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.768 of the Health and Safety Code is
amended to read:
11362.768.
(a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) (1) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600-foot radius of a school.
(2) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600-foot radius of a residential zone or residential
use unless the city council or county board of supervisors adopts,
for its respective jurisdiction, an ordinance specifically regulating
the location of those establishments in relation to residential
zones or residential use. Notwithstanding subdivision (f), a local
ordinance enacted pursuant to this paragraph may be more or less
restrictive than the 600-foot radius standard that applies in the
absence of a local ordinance.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school, residential zone, or residential use, to the closest property
line of the lot on which the medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider is to be
located without regard to intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, “school” means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
education is primarily conducted in private homes. (i) For the purposes of this article, “city” means a general law city, a charter city, and a city and county.
SEC. 2. The Legislature finds and declares that establishing standards regulating the proximity of medical marijuana cooperatives, collectives, dispensaries, operators, establishments, or providers is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to all cities and counties, including, but not limited to, charter cities and charter counties.
SEC. 2.
SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
