Why was AB-2312 developed?
Local officials and the State Attorney General have asked for more guidance in developing consistent and clear guidelines on medical marijuana distribution. The AB-2312 answers their call.
Who wrote AB-2312?
AB-2312 was introduced by California Assembly Member Tom Ammiano. A broad coalition of patients, advocates, providers, and labor worked closely with Assemblyman Ammiano.
Do Californians want the AB-2312?
Yes. A poll by EMC Research found that 77% of California voters support uniform state rules for regulating, controlling and taxing medical marijuana.
What will the AB-2312 cost the state?
Nothing. The entire budget needed to administer the permitting program will be raised from a 2.5% tax levied on the sale of medical marijuana and registration fees.
Does the AB-2312 take power away from cities?
No. In fact, the Act grants local governments the authority to establish their own land use laws to regulate the location and operation of dispensaries. The act also allows cities to establish a 2.5% tax to be used at their discretion.
Will the AB-2312 increase the cost of medicine for patients?
No. While the Act imposes a sales tax of 2.5% on medical marijuana, patients can expect an overall decrease in the cost of their medication due to the lower operating expenses from a safe, well-regulated environment.
Will the AB-2312 withstand legal challenge if the Pack case is upheld?
Yes. The Act is designed to avoid issues related to federal preemption. Because the Act does not authorize any activity that violates federal law, it is expected to stand up to scrutiny in the courts. The AB-2312 also contains a severability clause, so that if a particular provision is rejected by the courts, the rest of the Act will remain valid.
Does the AB-2312 undo the work that cities have already done?
No. The Act builds on the work done by local governments since voters adopted Proposition 215 in 1996. Dispensaries and cultivators from localities that have already implemented regulatory ordinances will be grand-fathered in for a 3-year period. These localities will also play an important role by informing the BMME in the development statewide regulations.
Is law enforcement's job made easier by the AB-2312?
Yes. By creating clear and consistent regulations on the cultivation and distribution of medical marijuana, law enforcement's job will be made much easier.
Who is served by the AB-2312?
Local and state legislators, patients, cultivators, dispensary operators and other medical marijuana-related businesses, law enforcement, and the public.