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AB-2914 Cannabis in alcoholic beverages.(2017-2018)

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Date Published: 09/01/2018 04:00 AM
AB2914:v95#DOCUMENT

Enrolled  August 31, 2018
Passed  IN  Senate  August 27, 2018
Passed  IN  Assembly  August 29, 2018
Amended  IN  Senate  August 21, 2018
Amended  IN  Senate  July 02, 2018
Amended  IN  Assembly  May 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2914


Introduced by Assembly Member Cooley

February 16, 2018


An act to add Sections 25621.5 and 26070.2 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 2914, Cooley. Cannabis in alcoholic beverages.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, provides for the licensure and regulation of commercial cannabis activity, including cultivation, manufacturing, distribution, and retail sale. Existing law prohibits a commercial cannabis licensee from selling alcoholic beverages or tobacco products on or at any premises with a commercial cannabis license.
This bill would prohibit a licensee from selling, offering, or providing a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage.
Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control.
This bill would prohibit an alcoholic beverage licensee from, at its licensed premises, selling, offering, or providing cannabis or cannabis products, including an alcoholic beverage that contains cannabis or cannabis products, and would provide that no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source. The bill would require the department to take disciplinary action against a licensee who does so, including, but not limited to, suspension or revocation of the license.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25621.5 is added to the Business and Professions Code, to read:

25621.5.
 (a) A licensee shall not, at its licensed premises, sell, offer, or provide cannabis or cannabis products, as defined in Section 26001, including an alcoholic beverage that contains cannabis or a cannabis product, and no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source.
(b) The department shall take disciplinary action against a licensee that violates this section, including, but not limited to, suspension or revocation of the license.

SEC. 2.

 Section 26070.2 is added to the Business and Professions Code, to read:

26070.2.
 A licensee shall not sell, offer, or provide a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage.