26151.
(a) (1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.(2) A technology platform shall not display an advertisement by a licensee on an Internet Web internet web page unless the advertisement displays the license number of the licensee.
(3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the license number of the licensee.
(4) A technology platform shall not substitute an internal identification system in place of an active license number issued by a licensing authority pursuant to this division.
(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. Any advertising or marketing by a licensee placed in broadcast, cable, radio, print, and digital communication shall contain a license number.
(c) 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 before 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.
(d) All advertising shall be truthful and appropriately substantiated.
(e) (1) Any licensee who has violated paragraph (1) of subdivision (a) shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. In assessing a civil penalty under this subdivision, consideration shall be given to the appropriateness of the amount assessed taking into account all of the following:
(A) The nature and extent of the violation.
(B) Whether the licensee took good faith measures to comply with paragraph (1) of subdivision (a).
(C) The history of previous violations.
(2) A civil penalty may be assessed and recovered pursuant to this section in a civil action brought in any court of competent jurisdiction by any of the following:
(A) The Attorney General in the name of the people of the State of California.
(B) Any district attorney.
(C) Any city attorney of a city having a population in excess of 750,000 or, with the consent of the district attorney, by a city prosecutor in any city or city and county having a full-time city prosecutor.
(3) (A) Notwithstanding subdivision (b) of Section 26038, all civil penalties collected by a civil action brought by the Attorney General pursuant to this subdivision shall be deposited into the Cannabis Advertisement Penalties Account, which is hereby created as an account in the Cannabis Control Fund. Upon appropriation by the Legislature, all amounts deposited in the Cannabis Advertisement Penalties Account shall be allocated to licensing authorities to be used toward enforcement efforts against unlicensed commercial cannabis activity.
(B) All civil penalties collected by a civil action brought by a district attorney or a city attorney or prosecutor shall be used towards enforcement efforts against unlicensed commercial cannabis activity, after reimbursement to the city or county, as applicable, for the costs of bringing the civil action.