Client Alert: Governor Signs Bill Repealing March 1st Deadline for Marijuana Cultivation Regulations

Legislation removing the deadline for cities and counties to pass ordinances governing medical marijuana or lose local control was signed by Governor Jerry Brown on February 3, 2016. As an urgency measure, the bill takes effect immediately upon the Governor’s signature.

AB 21 (Wood) is the legislative fix to legislation enacted last year, which established the California Department of Food and Agriculture (CDFA) as the sole regulator in any local jurisdiction that had not implemented a local permitting system by March 1, 2016. The measure repeals this deadline as it was inadvertently included in the medical marijuana legislation that went to the Governor for his signature.

AB 21 provides cities that have already adopted medical marijuana ordinances the time they need to develop well thought-out regulations that meet the needs and fit the priorities of their respective communities.

The California Department of Consumer Affairs (DCA) is in the early stages of creating the Bureau of Medical Marijuana Regulation and anticipates that regulations will be developed by January 1, 2018, as required by law. According to DCA, once it commences regulations, information will be posted on its website in order to announce proposed regulatory actions and solicit stakeholder input. DCA will convene stakeholders, members of the public, and other licensing authorities to develop the standards and regulations necessary to successfully implement a statewide medical marijuana regulatory structure in California.

As always, if you have questions on legislation or regulatory issues, please contact Randy Pollack at (916) 468-0621 randy@whitebrennerllp.com, Elisabeth L. White at (916) 468-0950 elisabeth@whitebrennerllp.com, or Celia Mata at (916) 468-0623 celia@whitebrennerllp.com.