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AB-3 Cannabis: Adolescent Cannabis Prevention Fund.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB3:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 3


Introduced by Assembly Member Cooper

December 03, 2018


An act to amend Section 26140 of add Section 26212 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 3, as amended, Cooper. Cannabis: sale to minors. Adolescent Cannabis Prevention Fund.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health, and specifies grounds for disciplinary action of a licensee by a licensing authority. MAUCRSA establishes the Cannabis Control Fund and the Cannabis Fines and Penalties Account for specified use by the licensing authorities.
Existing law prohibits an adult-use licensee from selling or transferring cannabis or cannabis products to a person unless the person presents documentation that reasonably appears to be a valid government-issued identification card showing he or she the person is 21 years of age or older. Existing law authorizes a medicinal cannabis licensee to sell or transfer cannabis or cannabis products to a person who is 18 years of age or older and who has a medicinal cannabis card or a referral from a physician or who is the primary caregiver for a person with a medicinal cannabis card or a referral from a physician. Violation of these provisions may result in a felony charge and the suspension, revocation, or probation of the commercial cannabis license and specified fines.
This bill would make technical, nonsubstantive changes to these provisions. establish the Adolescent Cannabis Prevention Fund to be available, upon appropriation by the Legislature, for the purposes of preventing persons under 21 years of age from accessing cannabis and cannabis products, unless otherwise specified. The bill would require specified fine and penalty moneys collected by licensing authorities to be deposited into the fund for those purposes.
The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend by a majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would declare that its provisions implement specified substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act. The bill would also declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 26212 is added to the Business and Professions Code, to read:

26212.
 (a) The Adolescent Cannabis Prevention Fund is hereby established in the State Treasury.
(b) (1) A licensing authority shall deposit any fine or penalty moneys recovered from a licensee for a violation of Section 26030 into the fund created pursuant to this section.
(2) Civil penalties assessed pursuant to Section 26038 shall not be deposited into the fund created pursuant to this section.
(c) Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on moneys in the fund.
(d) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purposes of preventing persons under 21 years of age from accessing cannabis and cannabis products, unless those persons are authorized to access cannabis or cannabis products in accordance with this division or with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

SEC. 2.

 The Legislature finds and declares that Section 1 of this bill implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3.
SECTION 1.Section 26140 of the Business and Professions Code is amended to read:
26140.

(a)An A-licensee shall not:

(1)Sell cannabis or cannabis products to persons under 21 years of age.

(2)Allow a person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.

(3)Employ or retain persons under 21 years of age.

(4)Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.

(b)Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any other law, a person under 21 years of age who purchases or attempts to purchase cannabis while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the bureau in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(c)Notwithstanding subdivision (a), an M-licensee may:

(1)Allow on the premises a person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.

(2)Allow a person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.

(3)Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.

(4)The bureau may establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver for a patient to ensure that the status of a person as a primary caregiver is verified.