Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-162 Marijuana and medical cannabis: marketing.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/19/2017 09:00 PM
SB162:v97#DOCUMENT

Amended  IN  Senate  April 19, 2017
Amended  IN  Senate  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 162


Introduced by Senator Allen

January 19, 2017


An act to amend Section 26151 of, to add Section 26151.5 to, and to add Article 12 (commencing with Section 19349) to Chapter 3.5 of Division 8 of, the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


SB 162, as amended, Allen. Marijuana and medical cannabis: marketing.
Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) that was enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity, which does not include commercial medical cannabis activity, pursuant to that license and any applicable local ordinances. AUMA requires all advertisements for the sale of nonmedical marijuana or nonmedical marijuana products, as specified, to identify accurately and legibly the licensee responsible for its content. AUMA authorizes legislative amendment of specified sections of AUMA with a 2/3 vote of each house, without submission to the voters, if the amendments further its purposes and intent.
This bill would prohibit medical cannabis and nonmedical marijuana licensees from advertising or selling medical cannabis or nonmedical marijuana on the Internet and prohibits a licensee from advertising using branded merchandise, except at industry trade shows or similar events. using branded merchandise, as specified.
This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 12 (commencing with Section 19349) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read:
Article  12. Marketing and Advertising
19349.

(a)Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.

(b)A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.

19349.5.19349.
 (a)Except as provided in subdivision (b), a A licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.

(b)A licensee may distribute branded merchandise with the company’s logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.

19349.6.19349.5.
 This article does not apply to any noncommercial speech.

SEC. 2.

 Section 26151 of the Business and Professions Code is amended to read:

26151.
 (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.
(b)  Any advertising or marketing placed in broadcast, cable, radio, print and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.
(c) (1)Except as provided in paragraph (2), a A licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.

(2)A licensee may distribute branded merchandise with the company’s logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.

(d) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older prior to engaging in that communication or dialogue controlled by the licensee. For purposes of this section, that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.
(e) All advertising shall be truthful and appropriately substantiated.

SEC. 3.Section 26151.5 is added to the Business and Professions Code, to read:
26151.5.

(a)Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.

(b)A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.

SEC. 4.SEC. 3.

 The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.