Bill Text: CA AB2300 | 2015-2016 | Regular Session | Amended

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Bill Title: Medical marijuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2300 Detail]

Download: California-2015-AB2300-Amended.html

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BILL NUMBER: AB 2300	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  APRIL 28, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Wood

                        FEBRUARY 18, 2016

   An act to amend Section 11362.79 of the Health and Safety Code,
relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2300, as amended, Wood. Medical marijuana.
   Existing law, the Medical Marijuana Program, requires the State
Department of Public Health to establish and maintain a voluntary
program for the issuance of identification cards to qualified
patients who satisfy specified requirements with respect to the use
of medical marijuana. Existing law provides that the Medical
Marijuana Program does not authorize a person with an identification
card to smoke medical marijuana under specified circumstances,
including in a location at which smoking is prohibited by law.
   This bill would also state that the Medical Marijuana Program does
not authorize the smoking of medical marijuana where smoking is
prohibited by a landlord, as specified.  The bill would authorize
a landlord to restrict the smoking or vaporization of  
medical marijuana within or adjacent to a dwelling unit or other
building on the property, provided that the landlord does not impose
conditions or prohibitions that effectively deny a patient the
ability to   vaporize medical marijuana, as recommended by a
physician, if the patient is under the care of a parent, guardian,
or primary caregiver, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11362.79 of the Health and Safety Code is
amended to read:
   11362.79.  This article does not authorize a qualified patient or
person with an identification card to engage in the smoking of
medical marijuana under any of the following circumstances:
   (a)  In any location at which smoking is prohibited by 
law or prohibited by a landlord pursuant to, and subject to the same
restrictions set forth in, Section 1947.5 of the Civil Code.
  law.  
   (b) In a location prohibited by the landlord of a residential
dwelling unit pursuant to, and subject to the same restrictions set
forth in, Section 1947.5 of the Civil Code. A landlord may restrict
the smoking or vaporization of medical marijuana within or adjacent
to a dwelling unit or other building on the property, provided that
the landlord does not impose conditions or prohibitions that
effectively deny a patient the ability to vaporize medical marijuana,
as recommended by a physician for medical purposes, if the patient
is under the care of a parent, guardian, or primary caregiver as
defined in paragraph (1) of subdivision (d) of Section 11362.7. 

   (b) 
    (c)  In or within 1,000 feet of the grounds of a school,
recreation center, or youth center, unless the medical use occurs
within a residence. 
   (c) 
    (d)  On a schoolbus. 
   (d) 
    (e)  While in a motor vehicle that is being operated.

   (e) 
    (f)  While operating a boat.