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SB 1262 Senate Bill-Bill Analysis Page 6 of 18 through a licensed cultivation site, or processing facility. 36)Provides that a licensee shall be subject to the restrictions of the local jurisdiction in which the facility operates or proposes to operate, and that even if a license has been granted, a facility shall not operate in a local jurisdiction that prohibits the establishment of that type of business. 39)Provides that a willful violation of specified provisions of this chapter is punishable by a civil fine of up to $35,000 per violation, whereas technical violations are subject to a civil fine of up to $10,000 per violation. 55 1267 Page 8 40)Allows the director or any district attorney, county counsel, city attorney, or city prosecutor to bring an action to enjoin a violation or threatened violation of any provision of this Act, including but not limited to, a licensee's failure to correct objectionable conditions. The action shall be brought in the county in which the violation occurred or is threatened to occur. 41)States that nothing in these provisions shall prevent a local government from enforcing local ordinances that regulate the location, operation, or establishment of a medical marijuana facility. 42)States that this chapter does not supersede Los Angeles Measure D of 2013. 43)States that this chapter does not apply to patients and primary caregivers who care for no more than five qualified patients under the CDA, and exempts them from licensure when medical marijuana related activities are conducted for the patient's personal use and when the primary caregiver does not receive remuneration. 44)States that information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in the records kept by the DCA for purposes of administering this chapter are confidential and exempt from the Public Records Act, and not subject to disclosure, except as necessary for performance of official duties under this chapter, and in those instances only necessary information shall be disclosed. 45)Exempts the actions of a licensee or provisional licensee, and its employees or agents that are conducted in accordance with this chapter from arrest or prosecution under state law. 46)Exempts a property owner who in good faith and upon appropriate investigation allows his or her property to be used by a licensee from arrest or prosecution under state law. 47)Requires licensees to keep records, as specified. 48)Allows the bureau and any state or local agency to examine the books and records of licensees and inspect the premises of licensees as necessary, and provides that failure of a http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1251-1300/sb_1262_cfa_20140626_111950_asm_comm.html 7/3/2014