New California Cannabis Laws for 2023

TAKE THE 2023 CAL NORML SURVEY. WE WANT TO HEAR FROM OUR SUPPORTERS ABOUT YOUR PRIORITIES FOR NEXT YEAR.

PLEASE SUPPORT CAL NORML IN 2023
Now is the time to build on the progress we made in 2022. Please support Cal NORML with a membership donation. Click Here to Donate or see our Cal NORML store and become a member.

New cannabis laws protecting California cannabis users’ medical rights, parental rights and more took effect on January 1, 2023.
California NORML is committed to the implementation of these reforms, and would like to hear from anyone with questions about their rights under the new laws, or who is continuing to experience discrimination against cannabis consumers that is now illegal in California. Contact us here.
Download Cal NORML’s updated pamphlet California Consumers’ Guide to State Marijuana Laws (printable on 8 1/2 x 14″ paper).
Pain Patients and Other Cannabis Users’ Medical Rights Protected
AB 1954 (Quirk) to protect the right of patients to medical treatment if they use marijuana, and the right of physicians and clinics to treat them, is now Section 2228.5 of the California Business and Professions Code.
“Many physicians are under the mistaken impression that they can’t prescribe medication to patients who test positive for cannabis,” said Dale Gieringer, Director of Cal NORML, which sponsored AB 1954. In California, many health plans, health systems, and hospitals require patients to sign agreements not to use illicit or controlled substances for the duration of their prescribed opioid treatment and agree to drug testing, and deny them prescription drugs if they test positive for THC. 
The new law clarifies that physicians cannot be punished for treating patients who use cannabis, notwithstanding its illicit status under federal law and states that “the use of medical cannabis that has been recommended by a licensed physician shall not constitute the use of an illicit substance” and that “a physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for THC or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication.”
Parental Rights of Cannabis Consumers Expanded
AB 2595 (Jones-Sawyer), requiring the State Department of Social Services to treat a parent’s use of cannabis in the same manner as alcohol or legally prescribed medication, is now Section 328.2 of the Welfare and Institutions Code, which states, “The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parent’s or guardian’s use or possession of cannabis is treated in the same manner as a parent’s or guardian’s use or possession of alcohol and legally prescribed medication.” We have been assured that DSS is in the process of producing these updates to inform case workers of the new policy.
The law expands on protections in Prop. 64, the Adult Use of Marijuana Act (AUMA) that was passed by California voters in 2016, which codified CA H&SC 11362.84 stating, “The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act [Prop. 215/medical marijuana] shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of family or juvenile court.” Those rights are now extended to recreational cannabis users in California.
Terminally Ill Patients’ Right to Use Cannabis Protected in Health-Care Facilities
SB 988 (Hueso) to address “Ryan’s Law” allowing terminally ill patients to use cannabis in healthcare facilities, amends CA Health and Safety Codes 1649.1-1649.5, clarifying that marijuana’s continuing illegal status under federal law does not interfere with the state mandate, first passed as SB 311 (2021-22), to allow hospice and other terminally ill patients to use non-smoked forms of cannabis, if self administered. “Terminally ill” is defined to mean “a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course.”
Health care facilities are defined to include any “health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250,” meaning general acute care hospitals, skilled nursing facilities, special hospitals, congregate living health facilities, and hospice facilities. Chemical dependency recovery hospitals, state hospitals, and emergency departments are excluded from the law, which states that all facilities must “prohibit smoking or vaping as methods to use medicinal cannabis.” Health care facilities are required to “develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter.”
Expungement for Past Cannabis Crimes To Be Expedited
AB 1706 by Assemblymember Mia Bonta (D-Oakland) amended Section 11361.9 of the Health and Safety Code to ensure that Californians with old cannabis-related convictions will finally have those convictions sealed. This law expands on AB 1793 (2018) by Rob Bonta, imposing new deadlines on county courts and the state Department of Justice to implement expungement or resentencing of past cannabis crimes now made legal or lesser crimes. It requires county courts to issue an order recalling or dismissing the sentence, dismissing and sealing, or redesignating the conviction no later than March 1, 2023, and requires the court to update its records accordingly, and to notify the Department of Justice. And it requires the Department of Justice, on or before July 1, 2023, to complete the update of the state summary criminal history information database, and conduct an awareness campaign so that individuals that may be impacted by this process become aware of methods to verify updates to their criminal history. Until June 1, 2024, the DOJ is required, in consultation with the Judicial Council, to produce a quarterly joint progress report to the Legislature.
Read more about cannabis record expungement.
Cannabis Business Bills
Several bills regulating cannabis business bills have passed into law. Among them:
•  AB 2210 by Assemblymember Bill Quirk (D-Hayward) expands access by allowing venues with liquor licenses to host cannabis events. It prohibits the DCC from denying an application for a state temporary event license solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act for the proposed premises of the event.
•  AB 2155 (Villapudua) defines the term “cannabis beverages”  as a form of edible cannabis product. The law does not change the current requirements for beverages, which still must abide by edible cannabis product regulations. Rather, it could open the door for future delineation between solid versus liquid edible products for regulation. AB 1646 (Chen) allows cannabis beverages to be packaged in clear containers.
• AB 2568 (Cooley) creates a ”safe harbor” by stating that an individual or firm providing insurance or related services to a state legal cannabis business does not commit a crime under California law solely for providing that insurance or related service.
• AB 2925 (Cooper) requires the State Department of Health Care Services, on or before July 10, 2023, to provide to the Legislature a spending report of funds from the Youth Education, Prevention, Early Intervention and Treatment Account paid for by the Cannabis Tax Fund for the 2021–22 and 2022–23 fiscal years, and requires the department, on or before July 10, 2024, and annually thereafter, to provide that spending report for the prior fiscal year.
Veterinary Bill
AB 1885 by Assemblymember Ash Kalra (D-San Jose) prohibits the Veterinary Medical Board from disciplining a veterinarian who recommends the use of cannabis on an animal, unless the veterinarian is employed by or has an agreement with a cannabis licensee. The law requires the board to adopt guidelines by January 1, 2024 for veterinarians to follow when recommending cannabis. It also requires that cannabis products intended for animals comply with concentration and other standards adopted by regulations of the department, and requires the Department of Cannabis Control to promulgate regulations for animal product standards no later than July 1, 2025. It prohibits the marketing or sale of those products before the regulations take effect. 
Laws Taking Effect in the Future
Laws taking effect in 2024 or later are:
• AB 2188 (Quirk), Cal NORML’s sponsored bill to protect employment rights of cannabis consumers. The new law, which will go into effect on January 1, 2024, will ban most California employers from discriminating against workers or job applicants based on drug testing for inactive cannabis metabolites—in particular, urine tests, which can detect a worker’s cannabis use days or weeks before they show up for work and have no correlation with on-the-job impairment. The California Chamber of Commerce requested delaying implementation of the bill for one year, in order to give employers time to phase out urine testing in favor of more scientifically accurate methods like performance testing or oral swabs.
• SB 1186 by Senator Scott Wiener (D-San Francisco) preempts local bans on medicinal cannabis delivery, expanding patients’ access to legal, regulated cannabis products and will take effect on January 1, 2024.
• SB 1326 by Senator Anna Caballero (D-Merced), which creates a process for California to enter into agreements with other states to allow cannabis transactions with entities outside California, passed this year but will only take effect when the federal laws change.

CAL NORML’S PLANS FOR 2023

Watchdog implementation of AB 1954 (pain patients’ rights) and other bills
Inform public and employers about AB 2188 (employment rights), taking effect in 2024
Push for federal rescheduling and legalization
Support cannabis industry efforts towards public education on high-potency cannabis products
Advance greater access and less taxation for medical patients
Support local activists in opening more cannabis retail outlets and consumption lounges, while fighting off smoking/vaping bans in apartments
Support parental rights for cannabis users, and end drug testing of newborns and their mothers
Watchdog AG Bonta’s new EPIC program against illegal cannabis grows

PLEASE SUPPORT CAL NORML IN 2023
Your support is crucial to our efforts going forward. Join Cal NORML with a personal or business membership and keep our advocacy efforts going in 2023.
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2023 California Cannabis Regulations Update: 6 Big Changes for Dispensaries

By Meadow

As of January 1, 2023, the state of California will require several changes from its cannabis supply chain in response to the adoption of the Department of Cannabis Control’s (DCC) new consolidated regulations and passage of AB-195. These changes include updates to the calculation and point of excise tax collection, delivery trunk limits, making curbside pickup permanent, new inventory discrepancy thresholds, increased restrictions on providing non-cannabis goods for free as part of a business promotion, as well as allowing retailers (with local jurisdiction approval) to sell prepackaged non-cannabis infused and non-alcoholic food and beverages.
Overall, the changes to California’s cannabis operations going into 2023 are designed to improve the industry’s regulation and compliance, as well as generate additional revenue for the state. By implementing these changes, California is aiming to take steps that ensure its cannabis industry is sustainable and responsible, while also meeting the needs of its consumers. For retailers, the changes are yet another case of needing to adapt, but also a great opportunity to review and strengthen your operations.
1. AB-195 – Excise Tax Collection at the Point-of-Sale
One of the major changes under AB-195 is the implementation of the cannabis excise tax at the point-of-sale. Beginning in 2023, buyers of cannabis or cannabis products in California will be subject to a 15% excise tax on their gross receipts. This tax is intended to generate additional revenue for the state, which can be used to fund programs related to public safety, research, and education. Previously it was collected by distributors and remitted quarterly to CDTFA for arm’s-length transactions (taking place between independent parties).
Calculating the excise tax correctly, as well as compounding the sales tax and the variations of taxation on cannabis and non-cannabis products, is critical. Also, calculating 2022 inventory vs 2023 inventory to make sure the taxes are reported correctly is the only way to make sure you can claim the full credit you are eligible for from CDTFA.
It’s essential that all cannabis retailers review their tax settings, collections, and CDTFA payment schedule with a tax professional to ensure they’re remaining compliant.
At Meadow, our cannabis POS system is already set up to make it easy to see what excise has already been paid and what’s left to remit. We’re ready for this regulatory change and launched an easy way to see which products were received before January 1 and have excise already paid, and which products were received after January 1 and are not eligible for a credit.
2. §15402: Customer Access to the Retail Area via Curbside Pickup
Under the new regulations, storefront retailers will also be allowed to permanently offer curbside delivery as an option for their customers and clarifies the requirements for curbside delivery. This change is designed to improve customer access to cannabis products and make it more convenient for people to complete their purchase.
3. §15034: Significant discrepancy in Inventory at any point in time
Another key aspect of the consolidated regulations is the inclusion of new methods for enforcing inventory discrepancy thresholds. Specifically, the regulations specify that retailers may not have an inventory discrepancy of 5% or higher. This will now be measured by comparing your physical inventory to your inventory in Metrc.
This change is meant to help ensure that retailers are accurately tracking their inventory and preventing any potential loss, theft, diversion, or inversion.
This also means that if your POS does not accurately reflect your physical inventory, and if your Metrc account does not accurately reflect your POS inventory, you have no way of knowing if you are in compliance.
Meadow’s integration gives our partners the confidence that Metrc and POS inventories are an accurate reflection of one another.
4. §15040.2. Prohibited Business Promotions.
Additionally, the regulations include new restrictions on the provision of free non-cannabis goods and business promotions. Under the new rules, licensed retailers are now additionally prohibited from providing free non-cannabis goods to any person, and they are also prohibited from allowing individuals who are not employed by the retailer to provide free cannabis goods on the licensed premises. As before, licensees are prohibited from giving away any amount of cannabis or cannabis products as part of a business promotion.
5. §15407 – Sale of Non-Cannabis Goods
This allows retailers operating a consumption area to sell prepackaged non-cannabis-infused and non-alcoholic food and beverages if allowed by the local jurisdiction.
We see this as a move in the right direction; consumption lounges should encourage lounging. Customers are more likely to spend time in a consumption lounge and have a positive experience when given the ability to purchase non-medicated food and beverages alongside their joints and dabs. Hydrating and eating are simple ways consumers can manage their high, and we see no reason why local jurisdictions should ban this new state-approved measure.
6. §15418: Cannabis Goods Carried During Delivery
From our perspective, the most significant operational change under the consolidated regulations is the increase in the value of cannabis goods that may be carried during delivery to $10,000. Previously the limit was set at $5,000, with at most $3,000 of which could consist of unordered inventory. But in the new regulations, this limit will be increased to $10,000 and does not contain any restriction on the amount of that total which must be pre-ordered.
This means cannabis delivery operators have significantly more flexibility in the number of products that they’re able to load into their delivery vehicles, eliminating the back-and-forth trips between the inventory hub to pick up orders, saving time and gas money when they deliver into their busiest spots or cannabis deserts without dispensaries nearby.
Using Meadow’s advanced dynamic delivery system in California (also called ice cream truck or trunk-by-trunk delivery), each vehicle becomes its own inventory hub with a designated service area and customized menu offerings, making it possible to deliver to quickly customers within custom delivery zones. The new increased value of available inventory in the vehicle means this sales channel has the potential to help dispensaries become much more efficient and increase revenue potential. And with Meadow’s auto-dispatch functionality, delivery orders are automatically assigned to vehicles within that zone without manual labor. It’s never been easier to set custom delivery regions, analyze sales by ZIP code for smarter inventory stocking, send geo-targeted SMS marketing to former customers in that area with discount codes or special offers to drive sales, and then deliver within minutes. Within Meadow, it’s easy to set up taxes by zones to ensure you’re accounting for different sales and local cannabis tax rates everywhere you deliver.
(We dove deep into the benefits of Dynamic Delivery in the first Meadow Memo).

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Cal NORML’s 2022 Accomplishments and Plans for 2023

TAKE THE 2023 CAL NORML SURVEY. WE WANT TO HEAR FROM OUR SUPPORTERS ABOUT THEIR PRIORITIES FOR 2023.

PLEASE SUPPORT CAL NORML IN 2023!
Now is the time to build on the gains we made in 2022! Please support Cal NORML with a membership donation. Click Here to Donate or see our Cal NORML store and purchase merchandise.

It was a banner year for cannabis reform measures in 2022, in no small part due to the efforts of California NORML and our supporters.
LEGISLATIVE GAINS
Cal NORML lead a successful legislative effort to protect the employment rights of California’s cannabis consumers, along with a second bill to protect medical marijuana patients against discrimination by their doctors. The bills were part of a group of reform bills that Cal NORML advocated for and activated our members to support, through several committees and floor votes in both houses of the legislature, all the way through their signing by the Governor. These laws will help protect parental rights, expunge past marijuana convictions, expand local access for medical patients, allow terminally ill patients to use cannabis in hospital settings, permit veterinarians to recommend cannabis for pets, among other reforms. Read more. 
In May we held our first post-COVID Lobby Day in Sacramento, bringing dozens of citizen lobbyists from around the state to meet with lawmakers and their staffs and advance our reform bills. Through our email network and social media alerts, we generated over 5200 letters to lawmakers on eleven different bills, most of which were signed into law. 
Allied with industry groups and others, our efforts towards tax relief for California cannabis businesses bore fruit when legislation to eliminate the cannabis cultivation tax passed into law. We testified for tax reform and worked with the Governor’s office and legislators to advance this measure.
OTHER ACTIVITIES

Cal NORML issued two election guides in 2022, one for the June primary and a second for the November general election, publishing candidates’ positions and records on cannabis reform, and letting our members know about propositions on local ballots, as well as deadlines to register to vote.
In July, Cal NORML participated in the historic first-ever cannabis exhibit and competition at the California State Fair in Sacramento. We did outreach to attendees from a Cal NORML table and hosted panels on Sustainability and Equity, as well as the Past, Present and Future of Cannabis Reform in California.
In August, we hosted an online webinar for attorneys and the public, “Leading Issues in Cannabis Law and Policy” featuring our new board members Lauren Mendelsohn and Hirsh Jain as part of our commitment towards keeping Californians informed of current cannabis laws and regulations.
In September, Cal NORML director Dale Gieringer picked up a “High Achievement” award from Oaksterdam University, which announced it would be establishing four home-grow yearly scholarships in his name.
We wrapped up the year in November by sponsoring a party celebrating the 50th anniversary of the ballot measure that kicked off marijuana reform in California and beyond, and lead to the founding of Cal NORML. The California Marijuana Initiative of 1972 was funded by the sales of hemp rolling papers and sponsored by Amorphia, the grass roots organization that morphed into Cal NORML in 1974.
As always, Cal NORML works to inform the public about developments in cannabis. We publish an informative website, www.CaNORML.org and put out a weekly email blast summarizing the week’s state, local and federal news stories along with Action Alerts and notices of Coming Events. We regularly publish updates on Twitter, Facebook, LinkedIn and Instagram.
PRESS COVERAGE
Cal NORML’s Deputy Director Ellen Komp was interviewed on KNX radio in LA​ and CBS’s Channel 8 in San Diego about the announcement from President Biden that he would be pardoning anyone convicted under federal law for pot possession, and calling for HHS and DOJ to review the scheduling status of cannabis.
Dale was quoted in Marijuana Moment about DOT’s move to switch from urine testing to more scientific oral swabs for truck drivers. He was interviewed on KRON-TV about the pain patients’ rights bill, and in LA Weekly when we worked to fight off a bill that would have re-felonized the cultivation of more than 6 marijuana plants.

CAL NORML’S PLANS FOR 2023

Watchdog implementation of AB 1954 (pain patients’ rights) and other bills
Inform public and employers about AB 2188 (employment rights), taking effect in 2024
Push for federal rescheduling and legalization
Support cannabis industry efforts towards public education on high-potency cannabis products
Advance greater access and less taxation for medical patients
Support local activists in opening more cannabis retail outlets and consumption lounges, while fighting off smoking/vaping bans in apartments
Support parental rights for cannabis users, and end drug testing of newborns and their mothers
Watchdog AG Bonta’s new EPIC program against illegal cannabis grows

PLEASE SUPPORT CAL NORML IN 2023!
Now is the time to build on the gains we made in 2022! Please support Cal NORML with a membership donation. Click Here to Donate or see our Cal NORML store and purchase merchandise.
The post Cal NORML’s 2022 Accomplishments and Plans for 2023 appeared first on CaNorml.org.

50th Anniversary Presentations

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Hear the stories from the activists from the 1972 California Marijuana InitiativeTickets to view the Zoom recording of the 11/12 program are available! Visit this link and click on the Zoom option. You will then be sent a link to view the 2-hour, informative and fun program featuring Keith Stroup, John Sinclair, Gordon Brownell, Michael & Michelle Aldrich and more.

The post 50th Anniversary Presentations appeared first on CaNorml.org.

CA Voters Pass 25 Local Cannabis Measures, Reject 10

Thirty-five local ballot measures in 30 California cities or counties address cannabis licensing and/or taxation on the November 8, 2022 ballot (or the 10/19 ballot – Redondo Beach). Of those, 20 cities or counties passed a total of 25 cannabis measures, and 10 cities or counties failed to pass 10 measures, including Sacramento County where a majority of voters (53%) approved a taxation measure that required a supermajority vote.

Results
City or County
County
Title

PASSED
South Lake Tahoe
El Dorado
Measure G

PASSED
McFarland
Kern
Measure O

PASSED
Avenal
Kings
Measure C

PASSED
LA County
Los Angeles
Measure C

PASSED
Claremont
Los Angeles
Measure CT

PASSED
Cudahy
Los Angeles
Measure BA

PASSED
Lynwood
Los Angeles
Measure TR

PASSED
Santa Monica
Los Angeles
Measure HMP

PASSED
Monterey
Monterey
Measure J

PASSED
Pacific Grove
Monterey
Measures O &P

PASSED
Huntington Beach
Orange
Measure O

PASSED
Laguna Woods
Orange
Measure T

PASSED
Montclair
San Bernardino
Measure R

PASSED
Encinitas
San Diego
Measure L

PASSED
San Diego County
San Diego
Measure A

PASSED
Healdsburg
Sonoma
Measure M

PASSED
Exeter
Tulare
Measure B

PASSED
Tulare (city)
Tulare
Measure Y

PASSED
Woodland
Yolo
Measure K

PASSED/FAILED
El Segundo
Los Angeles
Measures Y & W

PASSED/FAILED
Hermosa Beach
Los Angeles
Measures M & T

PASSED/FAILED
South El Monte
Los Angeles
Measures CM & X

FAILED
Lassen County
Lassen
Measure S

FAILED
Susanville
Lassen
Measure R

FAILED
Baldwin Park
Los Angeles
Measure CB

FAILED
Manhattan Beach
Los Angeles
Measures MB & V

FAILED
Redondo  (10/19)
Los Angeles
Measure E

FAILED
Sausalito
Marin
Measure K

FAILED
Sacramento County
Sacramento
Measure B

FAILED
Red Bluff
Tehama
Measure E

Los Angeles County saw the greatest number of cannabis ballot measures, leading with Measure C to tax and allow businesses in unincorporated parts of the county carrying with nearly 60% of the vote. The tax rates in that measure are relatively modest compared with other cities and counties, starting at 4% for retail businesses (on top of 15% state excise taxes and sales and use taxes).
Several cities in LA county had competing measures either proposed by business interests some said aimed for monopolies, versus measures put on the ballot by city councils. Both cannabis measures failed to advance reform in Manhattan Beach; in South El Monte Measure CM to allow one adult-use/medical with option of up to three total after the measure’s first year passed, while Measure X to allow five dispensaries plus other businesses failed. In Hermosa Beach, Measure M to end the city’s existing ban on cannabis businesses earned only 27% of the vote, while Measure T to tax such businesses carried with 66%. Similar results were seen in El Segundo, where the tax measure passed by 72%. Taxation/licensing measures carried in Claremont, Cudahy, Lynwood, Santa Monica while Baldwin Park voters nixed cannabis businesses in their city.
Elsewhere, Orange County voters in Huntington Beach and Laguna Woods passed cannabis measures, as did voters in the city of Monterey and Pacific Grove, where both an advisory licensing measure and a tax measure passed. Cannabis measures carried in South Lake Tahoe, McFarland, Avenal, Healdsburg, Exeter, Tulare, Woodland, Encinitas, and San Diego county. They failed in Lassen County, Susanville, and Red Bluff. Sausalito’s failed measure was seen as a vote against a monopoly.
Read more about the measures and all Nov. 8 election results.
The post CA Voters Pass 25 Local Cannabis Measures, Reject 10 appeared first on CaNorml.org.

Celebrate Cal NORML’s 50th Anniversary on November 12 in San Francisco

Celebrate Cal NORML’s 50th Anniversary and commemorate the 1972 California Marijuana Initiative (Prop. 19), the country’s first cannabis legalization ballot measure, which lead to the decriminalization of marijuana possession in California (the 1975 Moscone Act), and so much more.

Leaders from the CMI initiative will share their reminiscences, live and via Zoom. Food and drinks will be served. All are welcome to attend!

WHEN:
Saturday, November 12
1-5 PM

WHERE:
Meadow
60 13th Street
San Francisco, CA 94103

TICKETS:
Suggested donation is $50. Proceeds will benefit Cal NORML’s continued advocacy for cannabis consumers’ rights in California.

SPONSORSHIP:
Sponsorship packages are available. Contact: Kharla@canorml.org.
The post Celebrate Cal NORML’s 50th Anniversary on November 12 in San Francisco appeared first on CaNorml.org.

Biden Announces He Will Pardon Marijuana Possession Offenses, Orders Review of Scheduling Status

President Joe Biden announced he intends to pardon anyone with a federal conviction for marijuana possession, directing AG Garland to develop a procedure for clearing the records of an estimated 6500 Americans carrying past convictions. While the move will not release anyone currently in prison for federal marijuana sales or cultivation convictions, it will help remove barriers to employment, housing, or educational opportunities for those carrying past convictions on their records.
“The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense,” the DOJ said in a statement. “In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.”
The President in a series of tweets, a video, and a proclamation called on Governors to also pardon state marijuana offenses; North Carolina’s governor has already announced he plans to do so.
For nearly two years, NORML has called upon the Administration to fulfill the President’s campaign promise to provide relief to those stigmatized with a low-level cannabis conviction. We thank of our supporters who have taken action towards this important first step for justice.
HHS Review of Marijuana’s Scheduling Status Ordered
As part of his announcement, Biden called for former CA AG Xavier Becerra, now head of HHS, along with the Attorney General, to conduct a review of marijuana’s Schedule I status. “The federal government currently classifies marijuana as a Schedule I substance, the same heroin and LSD, and more serious than fentanyl. It makes no sense,” Biden said.
“I think you’re going to find that we’re going to move as quickly as we can but, at the end of the day science is going to take us to a solution,” Becerra told reporters in Tampa. “The president was very clear—he wants this done as quickly as possible. It’s not new science, but there’s lot of information to gather because in many states marijuana has been legalized for either medical purposes or recreational purposes.” Becerra also tweeted, “Looking forward to working with Attorney General Garland to answer @POTUS’ call to action to review how marijuana is scheduled under federal law.” NORML has been calling for marijuana’s rescheduling for decades.
California Officials Respond
Several government officials from California responded to the news, many of them calling for further steps, including federal marijuana legalization. House Speaker Nancy Pelosi (D-SF), issued a statement saying in part, “Today is a day of hope and healing, as President Biden takes historic steps to reform America’s approach to marijuana. These transformative actions are the latest manifestation of Democrats’ unyielding commitment to justice, especially for those unfairly harmed by cannabis criminalization.
CA Attorney General Rob Bonta tweeted, “In the Legislature, I worked to ensure Californians with outdated cannabis convictions would see their records cleared, and I’m proud to help fulfill that promise as AG.” While in the state legislature, Bonta successfully championed a bill, AB 1793, to automate the expungement and resentencing process for past marijuana crimes provided for in California’s Prop. 64. A 2022 bill from Mia Bonta set deadlines for county courts to act for record clearance, and establishes oversight for the process. Read more.​

Other officials tweeting responses included Vice President Kamala Harris and Sen. Alex Becerra, plus Congresspersons Barbara Lee (D-Oakland), Ro Khanna (D-San Jose), Nora Torres (D-Pomona), Sara Jacobs (D-Del Mar), Jimmy Gomez (D-Los Angeles), and John Garamendi (D-Walnut Grove). State Sen. Mike McGuire (D-North Coast) and Assemblywoman Mia Bonta (D-Oakland) also tweeted their support. (See Cal NORML’s twitter feed to read the tweets.)

Contra Costa District Attorney Diana Becton issued a statement noting that two years ago she petitioned state court to withdraw guilty pleas or charges and dismiss the cases of 3,264 people in Contra Costa County for marijuana convictions. On October 1, Becton was presented with CoCo NORML˙s inaugural Cannabis Justice Award, acknowledging her leadership in expunging prior cannabis convictions in Contra Costa County.

Cal NORML Responds
Cal NORML’s Deputy Director Ellen Komp was interviewed on KNX radio in LA​ and CBS’s Channel 8 in San Diego about the Biden announcement.
California’s cannabis industry would receive a boost if marijuana were to be re-scheduled, as cannabis companies would be able to access interstate markets and no longer face steep federal tax penalties that can eat up profits, said cannabis industry consultant and Cal NORML board member Hirsh Jain told the Sacramento Bee.

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Gov. Newsom Signs Bill to Protect Employment Rights of Cannabis Consumers, Other Reform Measures

SACRAMENTO, September 18 – Governor Gavin Newsom today announced that he has signed several measures to strengthen California’s cannabis laws, expand the legal cannabis market and redress the harms of cannabis prohibition.
Among the bills signed were AB 2188 by Assemblymember Bill Quirk (D-Hayward), a Cal NORML-sponsored bill that protects Californians from employment discrimination based on their use of cannabis off-the-clock and away from the workplace.

The Governor also signed:
• AB 1706 by Assemblymember Mia Bonta (D-Oakland) ensures that Californians with old cannabis-related convictions will finally have those convictions sealed. This and AB 2188 were signed to “further unwind California’s failed history of cannabis prohibition,” a press release from the Governor’s office said.
• SB 1186 by Senator Scott Wiener (D-San Francisco) preempts local bans on medicinal cannabis delivery, expanding patients’ access to legal, regulated cannabis products. Cal NORML testified in favor of the bill at its hearings.
• SB 1326 by Senator Anna Caballero (D-Merced), which creates a process for California to enter into agreements with other states to allow cannabis transactions with entities outside California.
• AB 1885 by Assemblymember Ash Kalra (D-San Jose) to allow veterinarians to recommend cannabis for pets.
• AB 2210 by Assemblymember Bill Quirk (D-Hayward) to allow venues with liquor licenses to host cannabis events.
• AB 1894 by Assemblymember Luz Rivas (D-Arleta) – Integrated cannabis vaporizer: packaging, labeling, advertisement, and marketing.

 
The Governor formerly signed:
• AB 1954 (Quirk) to protect the right of patients to medical treatment if they use marijuana, and the right of physicians and clinics to treat them. The bill was sponsored by Cal NORML and co-sponsored by Americans for Safe Access.
• AB 2595 (Jones-Sawyer) would require the State Department of Social Services to treat a parent’s use of cannabis in the same manner as alcohol or legally prescribed medication.
• SB 988 (Hueso) to clarify “Ryan’s Law,” allowing terminally ill patients to use cannabis in healthcare facilities.
For the text of the bills, visit: http://leginfo.legislature.ca.gov.
 
Thanks to all of our supporters who sent thousands of letters in support of many of these bills, and those who lobbied with us at Lobby Day and throughout the year for reform. Please consider supporting Cal NORML in our work moving forward to implement these new laws.
 

The Governor’s release from today stated:
Though the state has made significant progress since the legalization of cannabis, local opposition, rigid bureaucracy and federal prohibition continue to pose challenges to the industry and consumers. The Governor is calling on legislators and other policymakers to redouble efforts to address and eliminate these barriers.
“For too many Californians, the promise of cannabis legalization remains out of reach,” said Governor Newsom. “These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the Legislature and policymakers to fully realize cannabis legalization in communities across California.”
These bills build on the Administration’s efforts to strengthen California’s cannabis legalization framework. As part of this year’s state budget, the Governor signed legislation to provide tax relief to consumers and the cannabis industry; support equity businesses; strengthen enforcement tools against illegal cannabis operators; bolster worker protections; expand access to legal retail; and protect youth, environmental and public safety programs funded by cannabis tax revenue.

To expedite policy reforms that prioritize and protect California consumers’ health and safety, the Governor has directed the California Department of Public Health to convene subject matter experts to survey current scientific research and policy mechanisms to address the growing emergence of high-potency cannabis and hemp products. The Governor has also directed the Department of Cannabis Control to further the scientific understanding of potency and its related health impacts by prioritizing the funding of research related to cannabis potency through its existing public university grants. [Cal NORML is working with a group of doctors and others to address this issue and provide recommendations for public education and policy.]

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Election Guide to Cannabis Candidates and Measures: November 2022

 
This page will be updated as we learn more about candidates and races. 
The California General Election is on Tuesday, November 8. Register to vote. If you miss the deadline, you can also register and vote in person through Election Day using same-day registration.

Here are Cal NORML’s recommendations for pro-cannabis candidates in key or contentious races for the November 8 General Election in California. Send any input about these or other races for this guide here.
Read about more races at NORML’s Smoke the Vote Guide
 
Local Ballot Measures
https://ballotpedia.org/California_2022_local_ballot_measures
A few notes –

In some instances, the City Council will try to pass its own retail ordinance, in order to maintain control over the regulatory process. This illustrates how these ballot measures often force cities to finally pass ordinances, and can be an effective strategy in getting cities to finally respect the will of their voters and license cannabis businesses.
Many of these cities are concentrated in SoCal: LA County, Orange County, San Diego County. It shows these SoCal markets opening up further.
Some of these cities are very large population centers: RIverside (325k), Huntington Beach (200k), Ontario (200k), Lake Forest (100k) and so would significantly increase legal cannabis access for these residents, and the residents of nearby cities.
Similarly, LA County and San Diego County are the two biggest counties in the state and would help significantly contribute to the expansion of retail access in the state.

KINGS COUNTY
Avenal  – Measure C
Seeks to tax cannabis businesses at $25/sq. ft. of business area or 15% of gross receipts; whichever is greater
 
LOS ANGELES COUNTY
Baldwin Park – Measure CB
Shall the measure authorizing cannabis retailers to sell and deliver medical cannabis and cannabis products to adults, and adult-use cannabis and cannabis products to persons 21 years and older, with retailers paying a 0.5% tax and 4% tax on gross receipts from sales, respectively, providing $300,000 to $3 million annually for general government use, and authorizing City Council to modify rates up to 5%, until repealed by voters, be adopted?
Claremont – Measure CT
To fund City services, shall a measure establishing a tax on cannabis and hemp businesses of the following rates: 4%-7% of gross receipts for retail businesses; and the higher of 1 %-4% of gross receipts or $1-$10 per square foot for other businesses, with certain rates increasing annually, generating an estimated $500,000 annually if cannabis and hemp businesses were to be authorized in the future, until ended by voters, be adopted?
Cudahy – Measure BA
Cannabis Businesses Accountability Measure
To increase funding for parks, recreational programs, roads and sidewalks and other general governmental purposes, shall an ordinance authorizing and regulating storefront retail cannabis sales and other commercial cannabis activities be approved with prohibitions on retail operations within 600 feet of schools, churches, childcare facilities and other sensitive uses and with retailers required to pay a 15% gross receipts tax to raise approximately $3,581,952.75 annually until ended by Cudahy voters?
El Segundo – Measures Y & W
Measure Y – Shall an ordinance (a “yes” vote taxing cannabis does “not” make cannabis businesses legal in El Segundo; it creates a tax in case a cannabis business ever becomes legal) funding general municipal expenses such as police, fire, streets, and parks, by establishing taxes upon cannabis businesses not to exceed $20 per square foot for cultivation and 10% of gross receipts for other cannabis businesses, until ended by voters, generating approximately $600,000 to $1,500,000 annually, be adopted?
Measure W –  Shall an ordinance be adopted to repeal the City’s current prohibition on commercial cannabis activities to authorize commercial cannabis retailers east of Pacific Coast Highway in the Multimedia Overlay District by right, if no less than 1,750 square feet, with sensitive receptor buffers and away from major arterial frontages, subject to a City permitting process; and authorize the City Council to subsequently regulate non-retail cannabis businesses?
Hermosa Beach – Measures M & T
Measure M – Shall an ordinance proposed by initiative petition be adopted that repeals the City’s existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses, including home delivery from those stores?
Measure T – Shall an ordinance be adopted enacting a local business tax on cannabis/hemp businesses up to $20.00 per square foot for cultivation and up to 10% of gross receipts for all other cannabis/hemp businesses, estimated to generate $700,000 – $1,500,000 annually (assuming two retail stores operating and taxed at maximum rate), until ended by voters, for general governmental use, subject to independent audits, to be effective only if cannabis business operations are allowed in the City?
Lynwood – Measure TR
Shall the City adopt Ordinance No.1752 establishing a 5%, but not to exceed 10% tax on businesses selling cannabis products at retail stores in the City to help fund City general fund services such as senior citizen programs, City beautification efforts, enforcement of illegal cannabis operations, public safety, housing programs, recreation services, infrastructure, and homeless reduction and other City efforts? Estimated revenues are $3 to $6 million annually until terminated by the City Council.
Manhattan Beach – Measures MB & V
Measure MB – Shall a measure repealing Manhattan Beach’s existing prohibition of all commercial cannabis activity; allowing three cannabis retailers within city limits; allowing Manhattan Beach City Council discretion to legalize other cannabis uses; and imposing operational, design, and location requirements on such businesses, be adopted?
Measure V – Shall a measure readopting Manhattan Beach’s existing: (1) prohibition of all commercial cannabis activities in the City; and (2) allowance of limited indoor cannabis cultivation consistent with state law, be adopted?
Santa Monica – Measure HMP
Shall the measure to establish a business tax on every licensed cannabis business (including adult-use nonmedicinal cannabis retailers, distribution, manufacturing, cultivation, laboratory testing, or any other licensed cannabis business) and retailers of products containing psychoactive cannabinoids including derived from industrial hemp, up to 10% of gross receipts on cannabis and/or hemp-derived psychoactive products sold in the City, which all together could generate an estimated $3-5 million annually until repealed be adopted?
South El Monte – Measures CM & X
Measure CM – Shall the measure, permitting and thoroughly regulating limited cannabis retail businesses (1 adult-use/medical with option of up to 3 total after the measure’s 1st year), establishing a general tax at a maximum 8% of noncultivation cannabis business proceeds and $25/square foot of cultivation space (with CPI increases) applicable to permitted/unpermitted businesses, generating approximately $720,000 annually until ended by voters, for general City services (e.g., police, maintenance), be adopted?
Measure X – Shall the measure, permitting/regulating limited cannabis businesses (5 dispensaries, 2 cultivation, 1 testing facility, 2 manufactures/distributors); regulating personal cannabis use; establishing a maximum 6% special excise tax on retail cannabis/edibles sales generating approximately $126,000 annually until ended by voters for implementation costs, clinical trials, municipalities where cannabis business are located, senior/youth programs, infrastructure (streets/roads/sidewalks), public safety (sheriffs/fire department), existing/future commercial, industrial, and affordable housing developments, be adopted?
ORANGE COUNTY
Huntington Beach – Measure O
Shall the City adopt an Ordinance that taxes cannabis businesses up to 6% of gross receipts for retailers and up to 1% of gross receipts for all other cannabis businesses if they were to be permitted in the City; which is expected to generate an estimated $300,000 to $600,000 annually to fund general municipal services for Huntington Beach and will be levied until repealed by the voters?
Laguna Woods – Measure T
To fund City services, shall a measure establishing a tax on cannabis businesses of the higher of the following rates: 4%- 10% of gross receipts or $5-$35 per square foot for retail businesses; and 1%-10% of gross receipts or $1-$35 per square foot for other businesses, with certain rates increasing annually, generating an estimated $750,000 annually if cannabis businesses were to be authorized in the future, until ended by voters, be adopted?
MARIN COUNTY
Sausalito – Measure K
Shall the measure repealing the existing ban on cannabis sales in the City of Sausalito, establishing an application process for retail cannabis businesses; giving preference to local applicants that expressed interest in operating a cannabis business before April 1, 2021; authorizing one storefront and one delivery-only cannabis business; regulating the operations and location of cannabis businesses; and requiring payment to the City of the greater of 7.5% net profits or $50,000 per year, be adopted?
ORANGE COUNTY
Huntington Beach – Measure O
Shall the City adopt an Ordinance that taxes cannabis businesses up to 6% of gross receipts for retailers and up to 1% of gross receipts for all other cannabis businesses if they were to be permitted in the City; which is expected to generate an estimated $300,000 to $600,000 annually to fund general municipal services for Huntington Beach and will be levied until repealed by the voters?
Laguna Woods – Measure T
To fund City services, shall a measure establishing a tax on cannabis businesses of the higher of the following rates: 4%- 10% of gross receipts or $5-$35 per square foot for retail businesses; and 1%-10% of gross receipts or $1-$35 per square foot for other businesses, with certain rates increasing annually, generating an estimated $750,000 annually if cannabis businesses were to be authorized in the future, until ended by voters, be adopted?
STATEWIDE OFFICES
Rob Bonta for Attorney General
Bonta has long been a strong friend and supporter of and reasonable voice for cannabis law reform. In 2015, he was one of the Assemblymembers who drafted a set of bills that licensed and regulated medical cannabis, and he repeatedly worked to lower taxes on cannabis in the legislature.  In 2018, Asm. Bonta authored Cal NORML’s employment rights for medical marijuana users bill, and introduced AB 1793, which passed into law, creating an automatic pathway for Californians to have criminal convictions for cannabis-related offenses removed or reduced from their records. As AG, Bonta has worked with county officials to expedite the expungement process and announced his office would conduct a six-month review of the interagency CAMP (Campaign Against Marijuana Planting) program in October 2021.
In the nonpartisan primary, Bonta is running against Republicans Eric Early, who is for gun rights and against critical race theory, and Nathan Hochman, an Assistant US Attorney who prosecuted “narcotics traffickers and violent gang members.” Candidate Daniel Kapelovitz of the Green Party also ran in the Newsom recall; Sacramento DA Anne Marie Schubert, who is running as an Independent, is a former Republican who has been cozy with the police unions and opposed legalization. Schubert supports repealing Prop 47, which defelonized drug possession offenses, arguing that a repeal will provide offenders the treatment they need.
Alex Padilla for Senator
 
LEGISLATIVE RACES
California is in the process of redistricting, and these candidates are running in newly drawn districts, which will be finalized once they are elected and inaugurated in 2023.
Kermit Jones for Congressional District 3 (Placer County and portions of Sacramento, El Dorado and Yuba counties, including Rocklin, Roseville and Folsom, Lake Tahoe and much of the Eastern Sierra Nevada, including Plumas, Sierra, Nevada, Alpine, Mono and Inyo counties)
Trump-endorsed Kevin Kiley voted against all pro-cannabis measures in the Assembly in 2018 (except SB 829, to protect cannabis compassion programs for indigent patients), while opposing expansion of cannabis events, veterinary use, and medical access for schoolchildren.
Moderate Democratic candidate Dr. Kermit Jones has the Sac Bee endorsement, which says that the former Navy flight surgeon and Iraq veteran “brimming with thoughtful proposals on health care, wildfire resilience and more.” Dr. Jones is also a lawyer, and was a White House fellow during the Obama administration.  His Health Care Plan would “decriminalize certain drug offenses and encourage rehabilitation programs as an alternative to incarceration.”
Ami Bera for Congressional District 6 (Rancho Cordova, Citrus Heights, parts of Sacramento)
Beri is a medical doctor who worked with AIDS patients and supports medical marijuana. He opposed Prop. 64 to legalize recreational use in California in 2016, but has voted twice in favor of the MORE Act to legalize recreational cannabis at the federal level, as well as co-sponsoring the SAFE Banking Act, and voting to allow VA doctors to recommend medical cannabis for veterans, and preventing the Justice Department from prosecuting medical cannabis patients and providers.
Kevin Mullin for Congressional District 15 (South San Francisco, Redwood City)
Mullin has an “A” Rating on NORML’s “Smoke the Vote” guide and a great voting record on cannabis in the state legislature. His opponents are David Canepa, a San Mateo County supervisor, and Emily Beach from Burlingame City Council for this seat being vacated by Rep. Jackie Speier.
Mike Levin for Congressional District 49 (Dana Point) 
Levin, who has an excellent voting record, faces a tough re-election campaign.
Anyone but Mike Garcia for Congressional District 27 (Santa Clarita)
Garcia has lead a campaign against illegal grows in his district, throwing medical and personal growers under his big bus. He also faces a tough race.

STATE LEGISLATIVE RACES
Dave Jones for State Senate District 8 (Richmond/Fairfield/Solano County)
Jones has been a strong supporter of cannabis reform since his days in the Assembly. As State Insurance Commissioner, he was one of the few public officials to endorse Prop 64.
Alex Lee for Assembly District 24 (Milpitas, Fremont, Newark and the Berryessa area in North San Jose)
Lee is a young Gen Z progressive. He is enthusiastically  in favor of legal marijuana, social equity, employment rights for marijuana users, and more.
Esmeralda Soria for Assembly District 27 (Frenso)
As a Fresno City Councilmember, Soria pushed for opening dispensaries in Fresno.
Tom Lackey for re-election to Assembly District 34 (Apple Valley, California City, Barstow, Big Bear Lake, Twentynine Palms and parts of Hesperia, Highland, Lancaster, Palmdale, Victorville)
Lackey, a Republican and former CHP officer, co-sponsored legislation to license medical cannabis businesses in 2015. While supportive of medical access, in 2016 he opposed Prop. 64 to legalize recreational marijuana. Nonetheless, he has posted a good voting record in recent years. He sponsored bills to foster cannabis research, and worked with reform advocates to turn his DUI bill into a CHP task force, on which Cal NORML sat.
In this newly drawn district, Lackey will face Thurston Smith, who this year introduced a pair of bills to criminally or civilly penalize cannabis gardens as small as seven plants, a move seen as grandstanding in a region where Republican congressmen are making similar bluster. However, his office seems to have heard Cal NORML’s objections and his bill AB 2728 has been softened somewhat, removing the seven-plant mention.
Anyone But Steve Fox for Assembly District 39 (Palmdale)
Fox, who posted the worst voting record of any Democrat when he was in the legislature, is running for election in a new district.
Read about more federal and state races at NORML’s Smoke the Vote Guide

LOCAL RACES

Carl Tenenbaum for Sonoma County Sheriff

Tenenbaum is a member of LEAP (formerly Law Enforcement Against Prohibition, now the Law Enforcement Action Partnership) and has been endorsed by many progressive groups.
Caity Maple for Sacramento City Council
Maple worked to pass the cannabis Home Delivery Protection Bill SB 1302 (Lara – 2018). She now works as legislative director for the Perfect Union cannabis company.
Yesenia Sanchez for Alameda County Sheriff
In this anyone-but-Ahern race, Sanchez has the endorsement of the Brownie Mary Club of Alameda County, who tells us Sanchez understands and supports protecting cannabis businesses, saying they should have equal protection as other businesses, and is concerned about the nonaction of Oakland police during recent robberies. She has a focus on mental health, so that prison is not a continuous cycle as it is now. Sanchez has the endorsement of the East Bay Times, which opposes Ahern’s reelection. Ahern has been particularly obstructionist to cannabis businesses in Alameda county.
Terry Wiley for Alameda County DA
“Terry Wiley is a mensch,” writes Cal NORML Legal Director Bill Panzer.  “I’ve had nothing but good dealings with him for many years. Very reasonable and compassionate.”
Rebecca Kaplan for Alameda District 3 Supervisor

Kaplan has been a leading advocate of cannabis reform measures during her tenure as an Oakland City Councilwoman and Vice Mayor, most recently sponsoring a resolution to support Cal NORML’s employment rights for cannabis users bill. Here election would create a cannabis-friendly majority on the Board of Supervisors.
Diana Becton for Contra Costa D.A.
Becton is a progressive who has been proactive on issuing expungements for past marijuana convictions in Contra Costa county. She calls criminal justice reform a leading priority and was endorsed by George Soros’ progressive Real Justice PAC in her last election.
Eunisses Hernandez for LA City Council District 1

While at the Drug Policy Alliance, Hermandez worked on state ballot measures like Prop 47, which reclassified nonviolent crimes as misdemeanors, and Prop 64, which legalized marijuana use for adults. She was a mover and shaker in making expungements happen for past marijuana crimes. She is endorsed by the LA Times and former Sen. Holly Mitchell.
Steven Vargas for Orange County District 4 Supervisor
As a Brea city councilman, Vargas opposed a ban on medical marijuana cultivation in 2016, but opposed deliveries, citing a potential for theft.
Lori Saldaña for San Diego City Council, District 2
Saldaña was a strong advocate for marijuana law reform during her time in the state Assembly. She posted a solid pro-reform voting record, and in 2007 she sponsored a bill that would have made it state policy not to cooperate with DEA raids. In 2008, she co-authored Mark Leno’s Industrial Hemp bill and his Employment Rights for Medical Marijuana Users bill, which passed in the Legislature but was vetoed by Gov. Schwarzenegger.
Dave Myers for San Diego Sheriff
Myers has been openly critical of the county’s over-policing of the cannabis community. “I will enforce a sensible approach to marijuana that permits safe access over black-market options,” he said when he ran in 2018. “The Sheriff currently has only one full-time detective on opioid enforcement, but ten dedicated to marijuana enforcement. Have we ever seen an overdose death on marijuana?”
Gem Montes for Colton City Council

 
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Gov. Newsom Signs Bills to Protect Medical Marijuana Patients, Considers Others

Gov. Newsom has signed a bill (AB 1954 – Quirk) to protect the right of patients to medical treatment if they use marijuana, and the right of physicians and clinics to treat them. The bill was sponsored by Cal NORML and co-sponsored by Americans for Safe Access.
“Many physicians are under the mistaken impression that they can’t prescribe medication to patients who test positive for cannabis,” said Dale Gieringer, Director of Cal NORML. In California, many health plans, health systems, and hospitals require patients to sign agreements not to use illicit or controlled substances for the duration of their prescribed opioid treatment and agree to drug testing. The new law clarifies that physicians cannot be punished for treating patients who use cannabis, notwithstanding its illicit status under federal law.
Cal NORML regularly hears from patients who are terminated from pain management medications on account of their use of medical cannabis. An online survey with nearly 600 respondents found that 18.5% have been denied prescription medications by a doctor due to their cannabis use.
A great many studies have shown cannabis is effective for pain, and can help patients reduce their use of opiates. Our survey shows that 24-30% of respondents have increased their use of opiates or other medications due to drug testing by their doctor or employer.
The California Medical Association House of Delegates adopted a resolution in 2019 condemning the automatic elimination of patients who use medicinal cannabis from pain management programs. AB 1954 would specify that a positive drug test for cannabis should not in itself be the sole basis for denying medical treatment to a patient absent a medically significant reason. “It is irresponsible and unethical for pain management programs to eliminate patients who are using medical cannabis for their chronic pain, because there is conclusive scientific evidence that cannabis is a safe and effective treatment for chronic pain,” said Larry A. Bedard, a Marin-based physician who authored the CMA resolution.
“I’m so happy this bill has passed. Patients can’t wait any longer,” said Yami Bolanos, a patient and advocate from Los Angeles who was instrumental in the passage of AB 258 (Levine; 2015), ending discrimination against organ transplant patients who use cannabis in California.
The Governor also signed a bill Cal NORML supported, Sen. Hueso’s update to Ryan’s Law, SB 988. That law allows terminally ill patients to use cannabis in certain healthcare facilities, but hospitals were resisting implementing the law, claiming a federal conflict, which has been addressed in SB 988.
Other Pending Bills
The Governor has until September 30 to sign all pending bills into law. Take action at the links below.
• AB 2188 (Quirk) would protect workers against job discrimination based on urine or other tests for inactive THC metabolites. Write a Letter to Gov. Newsom in Support of AB 2188. 
• SB 1186 (Wiener), which would require local jurisdictions to allow delivery of medical cannabis, has passed through the legislature and is on the Governor’s desk. Cal NORML lobbied for the bill, and testified at hearings on its behalf. Ask Gov. Newsom to Sign SB 1186. 
• Cal NORML is also in support of AB 1706 (Bonta), a bill that provides urgently-needed solutions to the delayed implementation of our automatic marijuana record-sealing statute. Tell Gov. Newsom to Sign AB 1706. 
• AB 2595 (Jones-Sawyer) would require the State Department of Social Services to treat a parent’s use of cannabis in the same manner as alcohol or legally prescribed medication. Write to Gov. Newsom in Support of AB 2595. 
• AB 1885 (Kalra), allowing veterinarians to recommend cannabis products. You can send a support letter on AB 1885 via https://petcannabis.org/
• AB 2210 (Quirk) would allow temporary cannabis event licenses at places that serve alcohol (though not at the same time).
• AB 1326: Sponsored by Sen. Anna Caballero (D), the bill would set the stage to allow for interstate marijuana commerce from California to and from other legal states, contingent on an official assurance that the activity would not put the state at risk of federal enforcement action.
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