California Gov. Gavin Newsom, (D), has signed three cannabis-related bills that were sent to him by legislators this session. These measures include changes to licensing for businesses, the distribution of fines from illegal cannabis operations, and the membership of a marijuana task force.
Newsom’s efforts on the more than 12 cannabis and drug-policy bills that were passed by the California legislature in this year are now complete. The governor has signed most of them into law.
These are the latest three bills Newsom has signed into law. His office released in late last week.
SB 833–Sen. Mike McGuire (D ): Using this measure, regulators from the Department of Cannabis Control will be able to approve requests by cannabis cultivators who wish to switch their license to a smaller category. The previous law did not allow cannabis licensees the option to change their license type without having to go through the DCC’s license application process. A variety of situations–including market volatility, drought, oversupply and more–could cause a cultivator to want a smaller license or become temporarily inactive.
Assemblymember Greg Wallis’ (R): This new law transfers a portion from the state general funds collected after enforcement actions against unlicensed marijuana operators to the local treasurers of the jurisdictions who brought the action.
Assemblymember Blanca Rubio’s (D): This bill adds representatives of state Civil Rights Department, Department of Industrial Relations and Department of State Affairs to an existing marijuana taskforce that facilitates communication between local and state cannabis regulators.
Newsom passed a separate bill earlier this month to prohibit job applicants from being asked about previous marijuana use. He also signed into law several other bills that will change the state’s cannabis laws in areas like equity, tracking and testing.
Separately, he vetoed legislation to legalize marijuana cafes . Supporters said that the measure would have allowed consumers to socialize more and businesses to expand. He also vetoed legislation on marijuana packaging that industry operators claimed would burden them with excessive regulations.
Newsom , in a second notable veto of note, rejected a bill that would have legalized certain psychedelics as well as created a path to regulated accessibility. Oregon and Colorado have both already implemented comprehensive reforms to their psychedelics policies. At least two citizen-led California campaigns are attempting to place the issue on California’s ballot in 2024.
These are the other cannabis reform laws that Newsom signed into law:
SB 700–Sen. Steven Bradford (D ): This legislation prohibits employers from asking applicants about previous marijuana use . It builds on the existing employment protections that were enacted in the last session, which prohibit employers from penalizing workers who have used cannabis according to state law while off-the-job.
Ben Allen (D) and Juan Alanis (R): Ben Allen (D), and Juan Alanis, (R ): This bill will change the way marijuana plants are tracked. Supporters say that it will promote sustainability by eliminating single-use plastic tags. The bill does not provide examples of alternative identifiers to those currently used to track marijuana plant. However, its supporters claim that regulators can implement environmentally sound policies like digital tags.
SB 302–Sens. Henry Stern (D), Carlos Villapudua(D), Marie Waldron(R) and Scott Wiener ): This bill would allow people over 65 with serious chronic illnesses to use medical marijuana in health facilities including “home healthcare agencies. At the moment, only terminally-ill patients have that right. Newsom stated in his signing message that next year he would like lawmakers to send him a “clean-up bill” to correct a drafting mistake. “Specifically, this bill excludes hospital from its provisions. However, it could be interpreted as limiting existing law to patients who have both terminal illness and chronic diseases. He said that he did not believe this was the intention. Many people with chronic illnesses seek out medicinal cannabis to treat chronic pain as an alternative to opioids. Their living situation shouldn’t be a barrier.
AB 1021–Assemblymembers Buffy Wicks (D), Isaac Bryan (D) and Corey Jackson (D): This new law says that, if the federal government reschedules any Schedule I drug, California health professionals will automatically be able to legally prescribe and dispense it. This is especially true for the psychedelics MDMA and psilocybin, which are considered breakthrough therapies by the Food and Drug Administration. They could be approved as medical treatments as soon as next year.
AB 1171–Assemblymembers Blanca Rubio (D) and Matt Haney (D): The measure will give marijuana business licensees the right to pursue legal action against unlicensed cannabis businesses in state superior court if they can prove damages resulting from the operation. Previously, the law allowed only regulators and law-enforcement to arbitrate enforcement of the illicit cannabis market. This measure will allow private licensees to seek independent intervention.
SB 753 — Sens. Anna Caballero, Megan Dahle, Brian Dahle, Melissa Hurtado, and Henry Stern (D ): The legislation makes it a crime for adults to plant, cultivate or harvest more than six cannabis in a manner that causes “substantial harm” to surface or underground water, whether they do so intentionally or with “gross negligence.”
Assemblymember Phillip Chen (R),: Prior California law required that cannabis edibles with 10 mg THC per serving be tested for THC variance. Products containing more than or less than 10 mg THC must be destroyed. This standard will result in even low THC products, such as cannabis drinks with 5mg of THC, failing the variance test. Therefore, this measure will force regulators to create “appropriate testing variations” for low THC products.
AB 1126–Assemblymembers Tom Lackey (R) and Cecilia Aguiar-Curry (D): The legislation will prohibit the unauthorized use of a universal cannabis symbol for commercial purposes and authorize the California Department of Tax and Fee Administration (CDTFA) to seize products that feature the symbol without authorization as contraband.
Assemblymember Brian Maienschein’s (D): The administrative fines and sanctions that local officials may impose on unlicensed cannabis growers can be extended to include unlicensed marijuana producers, processors, retailers, and distributors.
SB 51 — Sens. Steven Bradford (D strong> and Michael Gipson, (D strong> This legislation allows people who are eligible as social equity applicants to continue applying for and renewing provisional retailer licences until January 2031. The regulators stopped accepting provisional licensing for all types of businesses this summer. However, because the challenges with obtaining a retail license continue to exist, this measure provides a narrow extension only applicable to equity applicants. Newsom stated that while he supports the effort, it “doesn’t address the fundamental issues which continue to increase costs for those who are seeking to participate in legal market” and that despite his support, the bill does not address these fundamental issues.
SB 540–Sen. John Laird, (D ): This measure requires the Department of Cannabis Control to collaborate with the Department of Public Health to develop a “brochure with information on steps for safer use of marijuana” which will be given to customers who visit a dispensary the first time. The measure will also require that DCC review labeling and packaging rules by July 1, 2025, and then every five years afterward. Laird stated in a release that “the new law will promote responsible and informed consumption of cannabis” and that “the brochure will empower individuals with knowledge and promote responsible consumption while minimizing potential harm”.
These are the marijuana and drugs bills that the Governor vetoed.
SB 58–Sen. Scott Wiener (D ): This bill would have allowed adults over 21 to possess and cultivate small amounts of DMT, mescaline and psilocybin. The bill would have also established a working group under the California Health and Human Services Agency to study and provide recommendations on the establishment of a regulatory framework for accessing the substances to facilitate and therapeutic use.
Assemblymember Matt Haney’s (D): The measure would have allowed dispensaries to serve non-cannabis foods and drinks if local approval was granted. The measure would also have explicitly allowed “live musical or any other performances to be held on the premises or microbusinesses licensed under this division, in areas where cannabis consumption is permitted and the sale tickets for these performances.”
AB 1207–Assemblymembers Jacqui Irwin (D), Josh Lowenthal (D) and Kevin McCarty (D): The legislation would codified a new definition for marijuana product packaging that is considered “attractive to children” and would therefore be prohibited. The legislation would have prohibited the use of images like “cartoons or toys,” “any human or fictional being,” “any fictional animal or creature,” and “fruits or veggies, except for when they are used to accurately describe the ingredients or flavors in a product.”
California officials approved a campaign to start collecting signatures for a ballot initiative in 2024 to legalize possession, sale and therapeutic use of psilocybin. This is one of several campaigns that will be attempting to pass psychedelics legislation through the ballot next year.
A California campaign also filed a proposal for a ballot initiative in 2024 that would create a $5-billion state agency that would be responsible for funding psychedelics and promoting research. The campaign hopes that this will speed up federal legalization substances such as psilocybin or ibogaine.
Newsom’s stance on psychedelic policy has been a bit opaque. When asked last month about Wiener’s bill, he replied that understood the “profound therapeutic impact” of psychedelics on people with conditions like post-traumatic disorder. He said, however, that his fatherhood has changed the way he views drug policy reform.
Newsom also vetoed a progressive drug policy measure from Wiener during the last session. It was a bill that would have established a pilot program in California for overdose prevention centers. Advocates claimed this measure would save lives.
Newsom signed a separate bill that allows doctors to prescribe certain currently illegal drugs, like MDMA and psilocybin, if the federal government reschedules them.
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Image element by Gage Skidmore.
The post California’s Governor Signs the Last Marijuana Bills of The Legislative Session first appeared on Marijuana Moment.
