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AB-350 Cannabis edibles: appealing to children.(2017-2018)

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Date Published: 06/09/2017 04:00 AM
AB350:v98#DOCUMENT

Amended  IN  Senate  June 08, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 350


Introduced by Assembly Member Salas

February 08, 2017


An act to add Section 26131 to amend Section 26130 of the Business and Professions Code, relating to marijuana. cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 350, as amended, Salas. Marijuana Cannabis edibles: appealing to children.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of marijuana for nonmedical purposes by people individuals 21 years of age and older. AUMA prohibits places specified requirements on marijuana products, including prohibiting marijuana products that are designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana.
This bill would specify that a marijuana product is deemed to be appealing to children or easily confused with commercially sold candy if it is change references to marijuana instead to cannabis and would amend the AUMA to prohibit a cannabis product from being made in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy, but would not prohibit a licensee from making an edible marijuana product in the shape of the licensee’s logo. or fruit.
AUMA 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 AUMA. The bill would also declare that its provisions further specified purposes and the intent of the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.Section 26131 is added to the Business and Professions Code, to read:
26131.

(a)A marijuana product shall be deemed to be appealing to children or easily confused with commercially sold candy if it is in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy.

(b)This section does not prohibit a licensee from making an edible marijuana product in the shape of the licensee’s logo.

SECTION 1.

 Section 26130 of the Business and Professions Code is amended to read:

26130.
 (a) Marijuana Cannabis products shall be:
(1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana. cannabis. A cannabis product shall not be made in the shape of a person, animal, insect, or fruit.
(2) Produced and sold with a standardized dosage of cannabinoids not to exceed ten (10) milligrams tetrahydrocannabinol (THC) per serving.
(3) Delineated or scored into standardized serving sizes if the marijuana cannabis product contains more than one serving and is an edible marijuana cannabis product in solid form.
(4) Homogenized to ensure uniform disbursement of cannabinoids throughout the product.
(5) Manufactured and sold under sanitation standards established by the State Department of Public Health, in consultation with the bureau, for preparation, storage, handling and sale of food products.
(6) Provided to customers with sufficient information to enable the informed consumption of such the product, including the potential effects of the marijuana cannabis product and directions as to how to consume the marijuana cannabis product, as necessary.
(b) Marijuana, Cannabis, including concentrated cannabis, included in a marijuana cannabis product manufactured in compliance with law is not considered an adulterant under state law.

SEC. 2.

 The Legislature finds and declares that Section 1 of this bill act 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. 3 of that act.