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Medical marijuana bill dies, but might rise again

By Josh Richman
Friday, May 31st, 2013 at 4:27 pm in Assembly, marijuana, Tom Ammiano.

A bill to have the state Bureau of Alcoholic Beverage Control regulate medical marijuana died on the Assembly floor Friday, but its author said he’ll work to resurrect it with help from the state Senate.

“This is not an easy bill, but it is a needed bill that has the necessary support,” Assemblyman Tom Ammiano, D-San Francisco, insisted in a news release Friday. “Unfortunately, the vote was closed prematurely and in error, preventing all the votes from being registered. I’m going to make sure my legislative colleagues stay focused on getting this to the Governor’s desk for his signature this year.”

Ammiano spokesman Carlos Alcala explained that if a bill doesn’t reach enough votes to pass right away, the author can essentially ask that it be put on hold and then brought back up later in the same day’s session. Ammiano tried that on Thursday, but his AB 473 still failed on a 32-36 vote.

“It turned out that some offices were getting misinformation suggesting that the bill would preempt cities’ right to determine where dispensaries can go, or whether they can go in at all,” Alcala said.

Assembly rules also let authors request reconsideration of a bill after it has failed, and Ammiano brought the bill back up on Friday so he and other supporters could reassure other lawmakers that cities’ rights wouldn’t be infringed. The bill would require ABC to set up a division to monitor production, transportation and sales of medical marijuana.

“I hope cities will allow dispensaries so their residents who need this product can get it safely, instead of illegally,” Ammiano said in his release. “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.”

Again, the bill didn’t reach a passing threshold, but rather than asking Ammiano whether he wanted to put the vote on call for the rest of Friday’s session, the presiding officer – Assemblywoman Nora Campos, D-San Jose – simply closed the vote, “at least temporarily killing the bill,” Alcala said.

“Mr. Ammiano doesn’t want to put the blame on her (Campos). I think a lot of people were confused about what was going on – there was parliamentary confusion and that led to an early demise, but he sees it more as a stumbling block than a dead end,” Alcala said, adding Ammiano’s staff knows ways to work with the state Senate to revive the bill. “He intends to still get a bill through the Legislature this year and to the governor.”

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