Today, California Senate Bill 439, which would regulate medical marijuana shops, passed the Senate Committee and is heading to the Assembly. This bill provides that a cooperative, collective or other business entity that operates within the Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” will not be subject to prosecution for marijuana possession or commerce.
Senate Bill 439 was introduced by Senator Darrell Steinberg, Senate President pro Tem, with the support the ACLU, California Attorneys for Criminal Justice and the Mayors of Sacramento and San Diego, among others, seeking to regulate medical marijuana shops.
In his Press Release, Senator Steinberg noted the background driving passage of Senate Bill 493:
“It’s no secret that there have been abuses where ambiguous guidelines allowed for marijuana sales to people who had no legitimate medical need. We need a tighter, more understandable regulatory process,” said Steinberg (D-Sacramento). “With minimum financial requirements for dispensaries, we can help assure the federal government and law enforcement that the state is only allowing the sale of cannabis for those who truly need it for medicinal purposes, and nothing more.”
A Senate analysis set forth the following purpose of this medical marijuana shop regulation bill, stating that:
“Senate Bill 493 clarifies the legality of medical marijuana collectives, cooperatives, and other business entities that are organized and operated in compliance with the 2008 Attorney General “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.” Specifically, the bill provides that a cooperative, collective or other entity that operates within the Attorney General’s guidelines shall not be subject to prosecution for marijuana possession or commerce. Further, the entity and its employees, officers and members shall not be subject to prosecution because the entity or its employees, officers, or members received compensation for actual expenses incurred in carrying out activities in compliance with the guidelines.
“SB 439 provides a focused solution that clarifies state law. This simple fix is compatible with, and may be enacted independently of, any other legislation that may provide a more comprehensive solution to state medical marijuana issues. While it is beyond our reach to resolve the conflict between federal and state law, we are still responsible for resolving existing ambiguities in state law that are within our power to fix.”