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AB-3069 Cannabis: informational, educational, or training events.(2017-2018)

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Date Published: 08/15/2018 04:00 AM
AB3069:v95#DOCUMENT

Enrolled  August 14, 2018
Passed  IN  Senate  August 09, 2018
Passed  IN  Assembly  August 13, 2018
Amended  IN  Senate  June 27, 2018
Amended  IN  Assembly  May 14, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3069

Introduced by Assembly Member Cooper

February 16, 2018

An act to add Section 26019 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 3069, Cooper. Cannabis: informational, educational, or training events.
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. Under existing administrative law, the Bureau of Cannabis Control may issue a state temporary cannabis event license to allow retailers and microbusinesses licensed under MAUCRSA to make onsite sales of cannabis goods at a temporary cannabis event.
MAUCRSA specifies that the actions of a licensee, its employees, and its agents that are permitted under a license issued under that act and any applicable local ordinances and conducted in accordance with the requirements of, and regulations adopted pursuant to, the act are not unlawful under state law and are not an offense subject to arrest, prosecution, or other sanction under state law. AUMA also authorizes a person 21 years of age or older to possess and transport up to 28.5 grams of marijuana and up to 8 grams of concentrated cannabis, and to possess up to 6 living marijuana plants and the marijuana produced by those plants, subject to certain restrictions, as specified.
This bill would authorize retailers, cultivators, and manufacturers that are licensed under MAUCRSA to participate in, and not be required to obtain a temporary cannabis event license or other temporary license for, a cannabis informational, educational, or training event held for state and local government officials, including, but not limited to, legislators, city council members, law enforcement organizations, emergency medical services staff, firefighters, child protective services, and social workers; employees of health care facilities; and employees of public and private schools, if specified conditions are met. These conditions would include that the event is not open to the public and that onsite consumption, provision of free samples, or sale is prohibited at the event. The bill would require that licensed cannabis retailers, cultivators, and manufacturers transporting cannabis products between their licensed premises and the event venue use a licensed distributor under MAUCRSA.
The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature.
This bill would declare that its provisions further specified purposes and intent of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26019 is added to the Business and Professions Code, to read:

26019.
 (a) Retailers, cultivators, and manufacturers that are licensed under this division may participate in, and shall not be required to obtain a temporary cannabis event license or other temporary license for, a cannabis informational, educational, or training event in which cannabis or cannabis products are on display, if all of the following conditions are met:
(1) The event is held for the following:
(A) State and local government officials and their employees, including, but not limited to, legislators, city council members, law enforcement organizations, emergency medical services staff, firefighters, child protective services, and social workers.
(B) Employees of health care facilities.
(C) Employees of public and private schools.
(2) The event is not open to the general public.
(3) Event organizers ensure all attendees are one of the following:
(A) At least 21 years of age.
(B) At least 18 years of age and 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) Any cannabis or cannabis products on display adhere to the following requirements:
(A) Cannabis or cannabis products may be removed from their packaging and placed in containers to allow for inspection. The containers shall not be readily accessible without assistance of a licensee or an employee of the licensee. A licensee or an employee of a licensee shall remain with the attendee at all times that the container is being inspected.
(B) Cannabis or cannabis products removed from their packaging for display shall not be sold and shall not be consumed.
(C) All cannabis and cannabis products shall comply with all track and trace requirements set forth in this division and in other law.
(5) Onsite consumption, provision of free samples, or sale at the event is prohibited.
(b) Licensed retailers, cultivators, and manufacturers participating at the cannabis informational, educational, or training event shall use a licensed distributor to transport cannabis or cannabis products between the licensed premises of the retailer, cultivator, or manufacturer and the event venue in accordance with Section 26070.
(c) Nothing in this section precludes state or local agencies from holding cosponsored events.

SEC. 2.

 The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act, for the following reason:
This measure authorizes events pertaining to cannabis in order to provide information, education, and training to those who are in a position to protect the public safety and the public health.