Bill Text: CA SB67 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Cannabis: marketing: appellations of origin: county, city, or city and county of origin.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State. Chapter 298, Statutes of 2020. [SB67 Detail]

Download: California-2019-SB67-Amended.html

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Amended  IN  Senate  February 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 67

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Introduced by Senator McGuire
(Coauthor: Principal coauthor: Assembly Member Wood)

January 08, 2019

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An act to add Section 12012.100 to the Government Code, relating to tribal gaming, and repeal Section 26050.3 of the Business and Professions Code, relating to cannabis, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 67, as amended, McGuire. Tribal gaming: compact ratification. Cannabis: temporary licenses.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.

MAUCRSA, until January 1, 2019, authorized a state licensing authority to issue a temporary license if an applicant submitted, among other things, a copy of a specified authorization issued by a local jurisdiction. MAUCRSA required the temporary license to be valid for a period of 120 days and authorized the temporary license to be extended for an additional 90-day period at the discretion of the licensing authority. Existing law repealed these provisions on January 1, 2019.

MAUCRSA, until January 1, 2020, authorizes a licensing authority to issue a provisional license to an applicant that holds, or held, a temporary license for the same premises and the same commercial cannabis activity, if specified conditions are met. Existing law required the provisional license to be valid for 12 months and prohibits the provisional license from being renewed.

This bill would, until January 1, 2020, require a temporary license to remain valid if the licensee submitted an application for an annual state license before the licensee’s temporary license expired and the application is pending for a specified reason. The bill would revoke the temporary license’s validity after the licensing authority issues an annual license or provisional license for the same premises and the same commercial cannabis activity for which the temporary license was issued, or 30 days after the licensing authority denies or disqualifies, or the licensee abandons, the licensee’s application for an annual license. The bill would require specified licensing authorities to submit a report related to delays in issuing licenses, as provided.

The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a ²/₃ vote of the membership of both houses of the Legislature.

This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

This bill would declare that it is to take effect immediately as an urgency statute.

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that the agency proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if the agency finds that the project will not have that effect.

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Hoopa Valley Tribe, executed on October 19, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts and amended compacts are not projects for purposes of CEQA.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 26050.3 is added to the Business and Professions Code, to read:

26050.3.

 (a) A temporary license issued pursuant to section 26050.1, as enacted by Chapter 27 of the Statutes of 2017 (Senate Bill 94), shall remain valid, regardless of its expiration date, if the licensee submitted an application for an annual license, for the same premises and the same commercial cannabis activity for which the temporary license was issued, before the licensee’s temporary license expired and one of the following applies:

(1) The application is pending pursuant to paragraph (2) of subdivision (g) of Section 26055.

(2) The application is pending pursuant to subdivision (b) of Section 26051.5.

(3) The application is pending due to incompleteness pursuant to Section 8112 of Title 3, Section 5012 of Title 16, or Section 40135 of Title 17 of the California Code of Regulations, as determined by the licensing authority.

(b) A temporary license that is valid pursuant to subdivision (a) shall cease to be valid, and may not be renewed, after the licensing authority issues an annual or provisional license for the same premises and the same commercial cannabis activity for which the temporary license was issued.

(c) A temporary license that is valid pursuant to subdivision (a) shall cease to be valid, and may not be renewed, 30 days after any of the following occur:

(1) The licensing authority denies the licensee’s application for an annual license for the same premises and the same commercial cannabis activity for which the temporary license was issued.

(2) The licensing authority disqualifies the licensee’s application for an annual license for the same premises and the same commercial cannabis activity for which the temporary license was issued.

(3) The licensee abandons the application for an annual license for the same premises and the same commercial cannabis activity for which the temporary license was issued.

(d) On the first of each month, beginning 30 days after this section become operative, any licensing authority, who under its regulatory authority has a licensee holding a valid temporary license pursuant to subdivision (a), shall provide to the appropriate policy and fiscal committees of the Legislature the following information, in the aggregate and by city and county, and in accordance with Section 9795 of the Government Code:

(1) The number of pending annual applications submitted by temporary and provisional licensees.

(2) The number of temporary licensees who have not submitted an annual license application.

(3) The number of annual license applications pending pursuant to paragraph (2) of subdivision (g) of Section 26055.

(4) The number of annual license applications denied pursuant to subdivision (b) of Section 26051.5.

(5) The number of annual license applications pending due to incompleteness pursuant to Section 8112 of Title 3, Section 5012 of Title 16, or Section 40135 of Title 17 of the California Code of Regulations, as determined by the licensing authority.

(6) The number of temporary licenses that have expired, and why each temporary license expired.

(7) Any other information that may be relevant to delays in processing annual applications by the licensing authority.

(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 26050.3 to the Business and Professions Code furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

The significant number of license applications pending with the licensing authorities or with local authorities before temporary licenses expire or before provisional licenses can be issued threatens to create a major disruption in the commercial cannabis marketplace.

SECTION 1.Section 12012.100 is added to the Government Code, to read:

12012.100.

(a)The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Hoopa Valley Tribe, executed on October 19, 2018, is hereby ratified.

(b)(1)In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):

(A)The execution of the tribal-state gaming compact ratified by this section.

(B)The execution of an amendment to the tribal-state gaming compact ratified by this section.

(C)The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.

(D)The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.

(E)The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.

(2)Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.

SEC. 2.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to enhance the economic development, stability, and self-sufficiency of the Hoopa Valley Tribe, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.