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AB 390 Assembly Bill – INTRODUCED

BILL NUMBER: AB 390 INTRODUCED

BILL TEXT INTRODUCED BY
Assembly Member Ammiano

FEBRUARY 23, 2009

An act to add Section 22394.1 to, and to add Chapter 14.5 (commencing with Section 25400) to Division 9 of, the Business and Professions Code, to amend Section 68152 of the Government Code, to amend Sections 11014.5, 11054, 11357, 11364.5, 11370, 11470, 11479, 11488, 11532, 11703, and 11705 of, to add Division 10.3 (commencing with Section 11720) to, and to repeal Sections 11358, 11359, 11360, 11361, and 11485 of, the Health and Safety Code, to add Part 14.6 (commencing with Section 34001) to Division 2 of the Revenue and Taxation Code, to amend Sections 23222 and 40000.15 of the Vehicle Code, and to amend Section 18901.3 of the Welfare and Institutions Code, relating to marijuana.

LEGISLATIVE COUNSEL’S DIGEST

AB 390, as introduced, Ammiano. Marijuana Control, Regulation, and Education Act. Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes. This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead legalize the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives by persons 21 years of age and older, except as specified. It would set up a wholesale and retail marijuana sales regulation program, including special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued, and federal law permits possession and sale consistent with the program. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. It would make other conforming changes. By creating various infractions for violations of regulations and laws created by this act, 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.

Click here to read AB 390 Assembly Bill – INTRODUCED