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AB-2899 Cannabis: advertisements.(2017-2018)

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Date Published: 10/01/2018 09:00 PM
AB2899:v93#DOCUMENT

Assembly Bill No. 2899
CHAPTER 923

An act to amend Section 26152 of the Business and Professions Code, relating to cannabis.

[ Approved by Governor  September 29, 2018. Filed with Secretary of State  September 29, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2899, Rubio. Cannabis: advertisements.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. 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. MAUCRSA authorizes a licensee to advertise and market cannabis and cannabis products subject to specified restrictions, including accurately and legibly identifying the licensee responsible for that content by adding, at a minimum, the licensee’s license number, and prohibits a licensee from, among other things, advertising or marketing in a manner that is false or untrue. Under MAUCRSA, each licensing authority is authorized to suspend or revoke a licensee’s license for failure to comply with these provisions, among other things.
This bill would prohibit a licensee from publishing or disseminating advertisements or marketing of cannabis and cannabis products while the licensee’s license is suspended.
AUMA authorizes the Legislature to amend by 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 AUMA.
This bill would declare that its provisions implement specified substantive provisions of AUMA and are consistent with and further the purposes and intent of AUMA.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26152 of the Business and Professions Code is amended to read:

26152.
 A licensee shall not do any of the following:
(a) Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression.
(b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof.
(c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement.
(d) Advertise or market on a billboard or similar advertising device located on an Interstate Highway or on a State Highway which crosses the California border.
(e) Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.
(f) Publish or disseminate advertising or marketing that is attractive to children.
(g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school providing instruction in kindergarten or any grades 1 to 12, inclusive, playground, or youth center.
(h) Publish or disseminate advertising or marketing while the licensee’s license is suspended.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, amending Section 26152 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 and is consistent with and furthers the purposes and intent of that act as stated in Section 3 of that act.