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

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Date Published: 05/01/2018 09:00 PM
AB2914:v98#DOCUMENT

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 amend Section 26054 of, and to add Sections 25621.5 and 26070.2 to, to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 2914, as amended, 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 commercial cannabis licensee from also being licensed as a retailer of alcoholic beverages or tobacco products. The bill would prohibit a licensee from selling a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis 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 selling, offering, or providing cannabis or cannabis products, including an alcoholic beverage that contains cannabis or cannabis products, and 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 sell, offer, or provide cannabis or cannabis products, as defined in Section 26001, including an alcoholic beverage that contains cannabis or a cannabis product.
(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 26054 of the Business and Professions Code is amended to read:
26054.

(a)A licensee shall not also be licensed as a retailer of alcoholic beverages under Division 9 (commencing with Section 23000) or of tobacco products.

(b)A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or grades 1 to 12, inclusive, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or a local jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.

(c)It is not a violation of state or local law for a business engaged in the manufacture of cannabis accessories to possess, transport, purchase, or otherwise obtain small amounts of cannabis or cannabis products necessary to conduct research and development related to the cannabis accessories, provided the cannabis and cannabis products are obtained from a person licensed under this division permitted to provide or deliver the cannabis or cannabis products.

(d)It is not a violation of state or local law for an agent of a licensing authority to possess, transport, or obtain cannabis or cannabis products necessary to conduct activities reasonably related to the duties of the licensing authority.

SEC. 3.SEC. 2.

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

26070.2.
 A licensee shall not sell a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis into an alcoholic beverage.