LEGISLATIVE COUNSEL'S DIGEST


AB 390, as amended, 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 provide for regulation by
the Department of Alcoholic Beverages of the possession, sale,
cultivation, and other conduct relating to marijuana and its
derivatives , not including medic al
marijuana, by persons 21 years of age and older,
except as for specified purposes . It
would set up a wholesale and retail marijuana sales regulation
program to be administered and enforced by the department
, including that imposes 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 by the department . 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. The bill would make existing prohibitions against
the smoking of tobacco products in specified areas, including public
offices and restaurants, applicable to the smoking of marijuana
products. It would make other conforming changes.
By creating various infractions crimes
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.