AB 2312 Summary

• Establishes the Medical Marijuana Regulation and Control Act to create a state licensing system for medical marijuana cultivation, processing, manufacturing, testing, distribution, and sale through a new Board of Medical Marijuana Enforcement within the Department of Consumer Affairs.

• Requires all medical marijuana facilities to obtain mandatory registration from the board by September 1, 2013; applications must be approved unless applicants fail to meet specified criteria, and applications deemed approved if board does not act within 180 days.

• Allows qualified patients, caregivers, and registered entities to collectively cultivate and distribute medical marijuana without state criminal penalties if in compliance with registration requirements; exempts individual patients and caregivers growing marijuana at private residences for personal use without sale.

• Requires each city or county to permit at least one medical marijuana dispensary per 50,000 residents unless the jurisdiction votes to opt out or, for smaller jurisdictions, makes findings that marijuana is reasonably available by other means.

• Authorizes counties and cities to impose transactions and use taxes on retail sales of medical marijuana and infused products at combined rates not exceeding 5 percent, subject to voter approval.