By Staff

A bill that could have regulated medical marijuana regulation in California has failed to pass the State Assembly in a vote late last week.

The legislation, created by Assemblyman Tom Ammiano (D-San Francisco), was aimed to control medical marijuana through California’s Department of Alcoholic Beverage Control. The oversight would have been similar to what the Colorado Depart of Revenue was doing, tracking the marijuana from where it is grown through to its point of sale.

There is still no clarity and no agency regulating California’s billion dollar marijuana industry. Medical marijuana regulation has been left up to individual municipalities since MMJ was legalized by voters in 1996. Some cities create loose rules while many choose to ban medical marijuana dispensaries entirely.

“I hope cities will allow dispensaries so their residents who need this product can get…[marijuana] safely, instead of illegally,” Ammiano”I believe that a Division of Medical Marijuana Regulation and Enforcement will help cities see they can authorize dispensaries. Not only will the division’s oversight ensure there is no increase in crime, more cities will begin to recognize the economic benefits that others have already seen.”

The bill was short 6 votes of the 41 total needed.

A regulatory body in California would help bring consistency to the industry. Many local law enforcement and courts are being tied up with medical marijuana cases. This is due in part to the current, vague regulations (stemming from the California Attorney General’s MMJ Guidelines.

An increasing number of dispensary storefronts have shut down due to the federal prosecutors and bans (from local governments). It appears that the local governments still cannot ban medical marijuana delivery services and these have been the rise since the storefronts have been closing. A recent civil grand jury in San Luis Obispo County issued a report on the delivery services, stating they have no specific regulations against them. This is consistent with cities throughout California – the local governments are unclear how to handle them. Ammiano’s bill didn’t discuss delivery operations, but they would have probably been covered by the general medical marijuana guidelines provided by it.

Ammiano hasn’t given up yet. He is going to continue to his push this issue and work to regulate medical marijuana throughout CA. He is back at the drawing board, looking into a number of legislative options that could still get the approval for a California agency to regulate medical marijuana and be on the governor’s desk by the end of this session.