Today, both the Assembly and Senate passed AB 21 (Wood) to amend the recently enacted Medical Marijuana Regulation and Safety Act (MMRSA), comprised of AB 243, AB 266, and SB 643 from the 2015 legislative session.  AB 21 clarifies the authority of cities and counties to regulate medical marijuana distribution and cultivation within their jurisdictions.

The measure seeks to correct two inadvertent drafting errors contained in the legislation that was passed last year.  The first correction eliminates the Department of Food and Agriculture’s (DFA), beginning March 1, 2016, exclusive licensing authority for medical marijuana cultivation in any city or county that lacks land use regulations or ordinances regulating or prohibiting the cultivation of marijuana.

The second correction clarifies local government authority over medical marijuana cultivation as it relates to an exemption in the MMRSA for qualified patients and their qualified caregivers who cultivate medical marijuana.  AB 21 deletes language stating that the exemption does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.  AB 21 also adds language clarifying that these laws do not limit or prevent a city or county from exercising its police authority under Section 7 of Article XI of the California Constitution.

In short, AB 21, if signed by the Governor, will allow local governments more time to develop medical marijuana regulations for their communities and not be in jeopardy of losing local control over this issue.

As always, if you have questions on legislation or regulatory issues, please contact Randy Pollack at (916) 468-0621 randy@whitebrennerllp.com, Elisabeth White at (916) 468-0949 elisabeth@whitebrennerllp.com, or Celia Mata at (916) 468-0623 celia@whitebrennerllp.com.