Bill Text: CA AB1610 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1610

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Cannabis: Department of Cannabis Control.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-07-06 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1610 Detail]

Download: California-2023-AB1610-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1610

Introduced by Assembly Member Jones-Sawyer

February 17, 2023

An act to amend Section 26010.5 of the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 1610, as introduced, Jones-Sawyer. Cannabis: Department of Cannabis Control.

Existing law, 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. Existing law, 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.

Existing law establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency. Under existing law, the department is under the supervision and control of a director who is appointed by the Governor, subject to confirmation by the Senate.

Existing law authorizes the director to employ and appoint all employees necessary to properly administer the work of the department, as prescribed. Existing law authorizes the Governor to appoint other deputy directors of the department. Existing law provides that these deputy directors serve under the direction and supervision of the director and hold office at the pleasure of the Governor.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 26010.5 of the Business and Professions Code is amended to read:

26010.5.

(a) The Governor shall appoint the director of the department, subject to confirmation by the Senate. The director shall serve under the direction and supervision of the Secretary of the Business, Consumer Services, and Housing Agency and at the pleasure of the Governor.

(b) Every power granted to or duty imposed upon the director under this division may be exercised or performed in the name of the director by a deputy or assistant director or by a chief, subject to conditions and limitations that the director may prescribe.

(c) (1) The director may employ and appoint all employees necessary to properly administer the work of the department, in accordance with civil service laws and regulations.

(2) The Governor may also appoint a chief deputy director, a deputy director of equity and inclusion, and either a deputy director of legal affairs or a chief counsel to the department. These positions shall serve under the direction and supervision of the ~~director and~~ director. These positions shall hold office at the pleasure of the Governor.

(d) The department has the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity as provided in this division.

(e) ~~Upon the effective date of this section, whenever~~ If any reference to the “Medical Cannabis Regulation and Safety Act,” “Medical Marijuana Regulation and Safety Act,” or former Chapter 3.5 (commencing with Section 19300) of Division 8 appears in any statute, regulation, contract, or in any other code, it shall be construed to refer to this division as it relates to medicinal cannabis and medicinal cannabis products.