AB 133. Cannabis Regulation: AB 133 implements Proposition 64, a ballot initiative approved by voters at the statewide general election on November 8, 2016 which legalizes the adult use of cannabis in California. AB 133 removes the licensing limitation that previously prohibited individuals from holding multiple licenses for commercial cannabis activity for both medical and adult use. However, a prohibition against individuals holding a state laboratory testing license concurrently with any class of medical or adult use license remains under Business and Professions Code section 26053(b). AB 133 removes the previous requirement that premises licensed for one type of use be separate and distinct from premises licensed for any other type of use. AB 133 also removes the requirement that medical cannabis manufacturers only manufacture for medical cannabis retailers, instead allowing them to supply both medical and adult use retailers.
AB 133 raises the legal limit for possession of medical or adult use concentrated cannabis from 4 grams to 8 grams, changes when cultivation process taxes become due, and removes the requirement that taxes be separately displayed from the cost of cannabis on any sales receipt or documentation. AB 133 reduces the penalties imposed when a medical or adult use licensee fails to timely pay taxes related to cannabis sales and purchases, allowing such relief by the California Department of Tax and Fee Administration if the Department finds that the failure was due to reasons outside of the licensee’s control.
AB 133 creates an exemption to the previous general prohibition against individuals under the age of 21 being on the premises of adult use facilities where an adult use facility is also licensed for medical cannabis.
AB 133 revokes the right granted under the Medical and Adult-Use Cannabis Regulation and Safety Act that allowed medical cannabis cooperatives to contract with cannabis cooperatives in other states. AB 133 also clarifies the Governor’s rights to remove certain members of the Cannabis Control Appeals Board and sets salaries for the Board’s members.
AB 465. Urban Agricultural Incentive Zones: AB 465 amends Government Code section 51024 to extend the date until which contracts for urban agricultural incentive zones may be entered into from January 1, 2019 to January 1, 2029.
AB 494 and SB 229. Accessory Dwelling Units: These bills amend Government Code section 65852.2 in a number of ways. First, under these bills, accessory dwelling units may be rented separately from their lot’s primary residence though local jurisdictions may, by ordinance, prevent their separate sale and require owner-occupancy where an accessory dwelling unit is created through the conversion of an accessory structure. Second, these bills allow for the creation of accessory dwelling units in zones permitting single-family and multifamily use, rather than the more limited prior language that only spoke to single-family and multifamily zones.
Third, these bills modify setback and parking requirements that may be imposed on accessory dwelling units, clarify the definition of “accessory structure” to include studios, pool houses, and similar structures, and define the term “tandem parking” as “two or more automobiles [that] are parked on a driveway or in any other location on a lot, lined up behind one another.”
Fourth, these bills prohibit local agencies, special districts, and water corporations from considering accessory dwelling units a new residential use for purposes of calculating connection fees or capacity charges. Furthermore, for accessory dwelling units contained within the existing space of a single-family residence or accessory structure, local agencies, special districts, and water corporations may not require a separate utility connection between the accessory dwelling unit and the utility or charge a connection fee or capacity charge. For all other types of accessory dwelling units, local agencies, special districts, and water corporations may require a separate connection and impose related connection fees and capacity charges.
AB 1505. Zoning Regulations: AB 1505 amends Government Code section 65850 to allow for the adoption of ordinances that require residential developments to include certain percentages of residential rental units for moderate income, low income, and very low income households as a condition of approval. The bill also allows for alternatives to these requirements including in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units. AB 1505 also allows the Department of Housing and Community Development to review local ordinances imposing such requirements and to compel proof from the city or county that the ordinance does not unduly restrict the creation of new housing stock by requiring an economic feasibility study supporting the requirements in the local ordinance.
If you have any questions about these legal developments, please contact the following from our office, or the attorney with whom you normally consult.