Bill Text: CA AB1111 | 2023-2024 | Regular Session | Amended
Bill Title: Cannabis: small producer event sales license.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1111 Detail]
Download: California-2023-AB1111-Amended.html
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Amended
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Assembly
May 22, 2023 |
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Amended
IN
Assembly
April 12, 2023 |
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Amended
IN
Assembly
March 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1111
| Introduced by Assembly Member Pellerin (Principal coauthor: Assembly Member Wood) (Principal coauthor: Senator McGuire) (Coauthor: Assembly Member Addis) |
February 15, 2023 |
An act to add Section 26050.6 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 1111, as amended, Pellerin.
Cannabis: small producer event sales license.
The Control, Regulate and Tax Adult Use of Marijuana Act (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 and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.
MAUCRSA authorizes the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at certain venues expressly approved by a local jurisdiction, as specified. MAUCRSA requires a licensee who submits an application for a state temporary event license to provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event.
This bill would require the department to issue small producer event sales licenses that authorize the licenseholder to sell cannabis or cannabis products, containing cannabis cultivated by that licensee, at specified state temporary events licensed under the act. The bill would authorize a licensee who holds a valid state cultivation license and a valid
license, permit, or other authorization for cannabis cultivation issued by a local jurisdiction, and who meets specified other requirements, to apply for a small producer event sales license. The bill would require a small producer event sales licensee to comply with all requirements imposed on licensees selling cannabis or cannabis products at a state temporary event, unless otherwise specified. The bill would specify that a small producer event sales license is valid for no more than 32 total days of sales at state temporary events per calendar year. The bill would provide that a cannabis event organizer licensee who submits an application for a state temporary event is required to provide to the department a list of all small producer event sales licensees providing onsite sales of cannabis or cannabis products at the event. The bill would authorize the department to take disciplinary action against a small producer event
sales license, or any other licenses held by a small producer cannabis event sales licensee, for any violation of the requirements applicable to state temporary events.
AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent.
This bill would state that the bill furthers the purposes and intent of AUMA.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26050.6 is added to the Business and Professions Code, to read:26050.6.
(a) The department shall issue a small producer event sales license for use at state temporary events licensed pursuant to subdivision (e) of Section 26200.(b) (1) A licensee who meets all of the following requirements may apply to the department for a small producer event sales license:
(A) The applicant holds a valid state cultivation license.
(B) The applicant holds a valid license, permit, or other authorization issued by a local jurisdiction that authorizes the licensee to engage in cannabis cultivation.
(C) The applicant satisfies all of the following:
(i) The applicant cultivates no more than one acre of cannabis, inclusive of all licensed premises.
(ii) The applicant cultivates no more than 22,000 square feet of cannabis under a mixed-light tier 1 cultivation license or licenses, inclusive of all licensed premises.
(iii) The applicant cultivates no more than 5,000 square feet of cannabis under a mixed-light tier 2 or indoor cultivation license or licenses, inclusive of all licensed premises.
(2) Notwithstanding the limitations in subparagraph (C) of paragraph (1), a licensee who holds a valid
state cultivation license may apply to the department for a small producer event sales license if they are a local equity applicant or licensee, as defined in Section 26240.
(3) The department shall not require an applicant to resubmit information already provided by the applicant for their state cultivation license, and shall not require an applicant to submit to background checks or other inspections already performed for approval of their state cultivation license.
(4) The department shall establish a process to facilitate the submission of applications pursuant to this subdivision.
(c) A small producer event sales license shall be valid for no more than 32 total days of sales at state temporary events per calendar
year.
(d) (1) All cannabis or cannabis products sold by a small producer event sales licensee at a licensed state temporary event shall only contain cannabis cultivated by that licensee.
(2) Cannabis and cannabis products intended to be sold pursuant to paragraph (1) shall be transported to the state
temporary event venue by a distributor licensee in accordance with Section 26070.
(3) Except as otherwise provided in this section, a small producer event sales licensee shall comply with all requirements imposed on licensees selling cannabis or cannabis products at a state temporary event licensed pursuant to subdivision (e) of Section 26200.
(e) A cannabis event organizer licensee who submits an application for a state temporary event shall provide to the department a list of all small producer event sales licensees providing onsite sales of cannabis or cannabis products at the event pursuant to subparagraph (E) of paragraph (1) of subdivision (e) of Section 26200.
(f) The department may take disciplinary action against a small producer
event sales license, or any other licenses held by a small producer cannabis event sales licensee, for any violation of the requirements applicable to state temporary events.
(g) This section does not limit the requirement for local jurisdiction authorization of state temporary events pursuant to subdivision (e) of Section 26200.
