This bill is part of the 2020 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
SB 1429 (Monning D) Production or cultivation of cannabis, cannabis products, or industrial hemp: environmental violations.
(1) Existing law makes a person found to have violated specified provisions of law generally protecting fish and wildlife, water, or other natural resources in connection with the production or cultivation of a controlled substance liable for a civil penalty in addition to any penalties imposed by any other law. Existing law authorizes the imposition of larger fines on a person who violates one of these provisions on specified types of public or private land or while the person was trespassing on public or private land than on a person who violates one of these provisions on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. Existing law authorizes these civil penalties to be imposed or collected by a court or imposed administratively by the Department of Fish and Wildlife.
This bill would instead make these provisions applicable to activities conducted in connection with the production or cultivation of cannabis, cannabis products, or industrial hemp.
Existing law requires these civil penalties imposed or collected by a court to be apportioned in a specified manner, with 40% of the civil penalty to be deposited in the Timber Regulation and Forest Restoration Fund and used for grants that improve forest health by remediating former marijuana growing operations.
This bill would require this 40% increment to be deposited in this manner if the violation occurred on the above-described types of public or private land or while the person was trespassing on public or private land. The bill would require this 40% increment to be deposited in the Fish Game Preservation Fund and used for specified activities if the violation occurred on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner.
Existing law requires these administrative civil penalties imposed or collected by the department to be deposited into the Timber Regulation and Forest Restoration Fund to repay any unpaid balance of a specified loan and requires any remaining funds from administrative civil penalties to be apportioned by depositing 50% in the Timber Regulation and Forest Restoration Fund and 50% in the Fish and Game Preservation Fund, as specified.
This bill would require these remaining funds to be apportioned in this manner if the violation occurred on the above-described types of public or private land or while the person was trespassing on public or private land. The bill would require these remaining funds to be deposited in the Fish Game Preservation Fund and used for specified activities if the violation occurred on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner.
The bill would make other changes with regard to the required procedures for imposing an administrative civil penalty described above.
(2) Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. Existing law makes a violation of this provision a misdemeanor and imposes an additional civil penalty of not more than $8,000 for a violation of this provision. Existing law requires these civil penalties that are imposed and collected in connection with the production or cultivation of a controlled substance to be apportioned in a specified manner.
This bill would instead require the civil penalties to be apportioned in that specified manner if they are imposed for a violation in connection with the production or cultivation of cannabis, cannabis products, or industrial hemp.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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