May 7, 2011

Medical Marijuana Regulation Should Be a Local Decision

May 7, 2011
NORML

Cal NORML Legislative Alert – Medical Marijuana Collective Bill AB 1300

A bill to allow local regulation of medical marijuana collectives
and cooperatives has been introduced by Assemblyman Blumenfield (AB
1300).

https://info.sen.ca.gov/pub/11-12/bill/asm/ab_1251-1300/ab_1300_bill_20110331_amended_asm_v98.html

The bill expands on the SB 420 definition of “cooperative” and
“collective” as follows:

(b) “Cooperative or collective,” for purposes of this article,
means a location where qualified patients, persons with a valid
identification card, or the designated primary caregivers of
qualified patients and persons with identification cards associate
within this state in order to collectively or cooperatively cultivate
marijuana for medical purposes.

The bill would repeal the Buchanan bill, which established a 600
-foot buffer zone from schools.
Instead, it gives local governments broad authority to regulate
collectives, as follows:

Nothing in this article shall prevent a city or other
local governing body from adopting and enforcing any of the
following:
(a) Adopting local ordinances that regulate the location,
operation, or establishment of a medical marijuana cooperative or
collective.
(b) The civil and criminal enforcement
of local ordinances described in subdivision(a)

The basic thrust would be to do away with a flood of ongoing court
suits that challenge local authority to regulate collectives.
Note that it does nothing to assure that patients who can’t grow
their own will have safe or convenient access to medicine in their
community.
The bill is scheduled to be heard in the Assembly Public Safety
Committee on Apr. 26th.

– Dale Gieringer

[email protected]
California NORML, 2261 Market St. #278A, San Francisco CA 94114
-(415) 563- 5858 – www.canorml.org

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