Assembly Bill 2312, a bill penned in early 2012 by San Francisco Assembly Member Tom Ammiano, recently passed the Assembly floor on May 31st with a vote of 41 to 29 in favor of the new bill. Ironically, despite several dispensaries being shut down in Santa Barbara due to a recent onslaught of raids from both federal and local authorities, Das Williams (a Santa Barbara Assembly Member) was amongst those who voted in favor of the bill.
Assembly Bill 2012 is touted as a way to create a state regulatory commission that would allow for official oversight of the medical marijuana industry in California. By creating clear cut laws and guidelines regarding the establishment and operation of dispensaries, the activities of growers, and cannabis usage/possesion by patients, the bill is expected to eliminate much of the confusion surrounding California’s convoluted medical marijuana laws. The bill is now being passed to the State Senate, where it will be examined and vetted at multiple committee levels before a final vote is passed before the end of July.
If passed, Assembly Bill 2312 would facilitate the creation of a state commission that would be in charge of the development and enforcement of statewide regulations that would supervise and administer the privileges and operations of medical marijuana dispensaries and growers. The commission would consist of a diverse group of nine elected members consisting of doctors, law enforcement agents, medical marijuana union representatives, and private citizens.
If passed in its current written state, the bill would also establish the foundation of the “Bureau of Medical Marijuana Enforcement (BMME).” This Bureau would be in charge of granting dispensaries the right to operate in compliance with local approval processes, and ensuring the ongoing adherence to these regulations.
The bill would also limit local taxes on medical marijuana transactions to a 5% maximum, and half of the proceeds of local taxes would be devoted to funding for the newly established BMME. Furthermore, the bill would require local municipalities to permit the establishment of at least 1 dispensary for every 50,000 residents. It should be noted that city/county committees would still have the right to ban dispensaries within their jurisdictions, but the process of doing so would be subject to a new set of guidelines.
While some medical marijuana activists are heralding the progress that this bill has made as a success, others are weary about the amount of control that it give state officials if passed. Nonetheless, it is apparent that the current state laws on medical marijuana need to be clarified in order to protect patients, growers, and dispensaries from the persecution of overzealous local authorities who are not deterred by the vague laws that are currently in place.
Although Assembly Bill 2312 would not protect patients, dispensaries, or growers from the overreaching arm of the federal government, if it caters to the will of the people it may create a more stable set of state guidelines that keep local authorities informed and restricted from overstepping their boundaries.