This is the third issue in our 2017 CA Cannabis Legislation Guide, an overview of California lawmaking during 2017. We will cover at least 46 pending items that may shape California cannabis legislation and how California regulates cannabis.
Today, we will address AB 729, and AB 948: two of the twelve pending bills directed at cannabis licensing and regulation.
California Cannabis Legislation: Overview of Legislative Calendar
The last day to introduce legislation was February 17, 2017, and the legislature has until September 15, 2017, to pass bills. The governor ordinarily has 12 days to sign or veto bills passed by the legislature; for bills passed at the end of the legislative session, the last day for the Governor to sign or veto bills may be as late as October 15, 2017.
AB-729 (Gray) – Non-medical Marijuana: Licensee Regulation
This bill changes the enforcement of laws against selling adult use cannabis to persons under the age of 21.
The bill would:
(1) require a licensing authority to suspend a license for a 3rd or subsequent violation of the prohibition on engaging in non-medical marijuana commercial activities with a person under 21 years of age, if the violation occurs within 36 months of the initial violation;
(2) require a licensee to post a sign, visible from each public entrance, and a similar sign inside the premises that reads “No Person Under 21 Allowed” and would authorize a licensee that is also a licensed dispensary to include language on the sign that reads “without identification authorizing the purchase of medical cannabis”;
(3) authorize a licensee or its agents or employees to refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize forged ID;
(4) prohibit the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes;
(5) allow for police compliance inspections;
(6) prohibit a licensee from being located within a 600-foot radius of a playground, hospital, or church, as specified, unless a licensing authority or local agency specifies otherwise;
(7) require those security measures also to include maintaining windows and transparent doors in a specified manner to ensure that law enforcement personnel have a clear and unobstructed view of the interior of the premises; and
(8) authorize undercover investigations for age-related restrictions using under age buyers.
AB 948 (Bonta) – Non-medical Marijuana: Licensee Regulation
AB 948 is a “spot bill.” A spot bill acts a place holder.
The legislative calendar contains deadlines for when bills must be introduced. When a Legislator intends to produce a measure but has not yet finalized its details,, the Legislator may instead introduce a spot bill. The spot bill is a placeholder whose contents will be replaced with substantive provisions at a later date. This bill states that it is the intent of the Legislature to enact legislation relating to marijuana.
Please contact Rogoway Law Group with any questions regarding these pending non-medical marijuana licensee regulation bills, or if you have any other questions relating to legal landscape governing cannabis in California.
