This past week, California lawmakers approved and advanced to Governor Gavin Newsom, D, three different bills surrounding hemp and cannabis. First is AB 45. This bill would create a regulatory framework for hemp-derived CBD sales and remove the ban on smokable hemp products. Next is SB 311, which allows hospitals to give certain patients medical cannabis without fear of losing funding. Finally is SB 73. This bill hopes to remove the mandatory minimum jail sentence for non-violent drug offenses.
AB 45
Governor Newsom is most likely to sign this bill as there have been behind the scene negotiations between him and activists to make the bill the best it possibly can be. Upon the governor’s signature, the smokable hemp ban placed in the 1980s will be lifted immediately. Out-of-state sales would become effective immediately. However, lawmakers will still need to establish a tax for smokable CBD products within the state before the market is launched.
Currently, the law bans smokable cannabinoids derived from hemp, including CBD and Delta 8. Tinctures and capsules remain legal under current law. However, smokable cannabis is legal, whether it is medical or recreational. The hemp industry is looking to create the same options for its consumers that cannabis users have.
Once sales begin, only 21 and older persons can purchase smokable hemp. Products also can’t contain flavoring or additives. CBD will be allowed in foods, beverages, cosmetics, and as a dietary supplement under AB 45.
SB 311
The second bill heading to the governor’s desk is SB 311. Sponsored by Senator Ben Hueso, D, it allows for hospitals to administer medical cannabis to certain patients without threat of them losing funding or licenses. The senator became inspired by a story of a man who’s dying son went from fentanyl to medical cannabis for pain. The son was able to have positive last days because of the medicine change. The father, Jim Bartell, wanted to give the same option to others suffering to experience the benefits of medical cannabis at the end stages of life while in a hospital. That way, patients can die with dignity.
The bill originated in the Senate and moved to the Assembly. There, it cleared the full Assembly with a vote of 57-1. The Senate confirmed the bill and its few additional amendments with a vote of 36-1. Now, SB 311 heads to Governor Newsom’s desk. However, he has not indicated if he will sign the bill or not.
SB 73
The final bill from California lawmakers heading to Governor Newsom’s desk is SB 73. This bill looks to remove mandatory sentences for nonviolent drug offenses. From Senator Scott Wiener, D, and Assemblymember Wendy Carrillo, D, the bill gives court judges sentencing discretion. This means a person could be sent to a rehabilitation program or placed on probation instead of going to jail.
Under current law, if an individual with a prior nonviolent drug offense receives a second conviction, for drug possession or similar, a judge cannot sentence the individual to probation. The individual must go to jail. Additionally, judges can’t place first-time offenders for various nonviolent drug charges on probation.
Senator Wiener’s office spoke on his behalf about the bill. “Not only is mass incarceration bad for public health, it’s also a giant expense for California in a time when we face massive budget cuts and an economic recession due to the COVID-19 pandemic and economic shutdown. Mass incarceration costs our state unnecessary billions that should be going to priorities like schools, healthcare, and infrastructure.”
Next Steps
For these three bills, it is up to Governor Newsom to sign them into law. He has 12 days to sign or veto the bill. Should he not take action, the bill will go into effect without his signature. To overturn a veto, the Senate and General Assembly must both approve the bill with a ⅔ majority. As more information becomes available, we will update you with the latest.
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