Bill Text: CA AB2249 | 2025-2026 | Regular Session | Amended
Bill Title: Cannabis: labels, packaging, and manufacturing.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-06-22 - In committee: Referred to APPR. suspense file. [AB2249 Detail]
Download: California-2025-AB2249-Amended.html
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Amended
IN
Assembly
May 22, 2026 |
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Amended
IN
Assembly
April 15, 2026 |
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Amended
IN
Assembly
March 16, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 2249
| Introduced by Assembly Member Irwin |
February 19, 2026 |
An act to amend Sections 26001, 26120, and 26152 of, and to add Sections 26123 and 26124 to, the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 2249, as amended, Irwin.
Cannabis: labels, packaging, and manufacturing.
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. 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.
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 under the jurisdiction of the Department of Cannabis Control, including retail commercial cannabis
activity. MAUCRSA prohibits a person engaged in commercial cannabis activity, whether licensed or unlicensed, from engaging in specified advertising or marketing activities, including publishing or disseminating advertising or marketing that is attractive to children. MAUCRSA also places specified requirements on the packaging and labeling of cannabis and cannabis products, including prohibiting packages and labels from being made to be attractive to children.
This bill would prohibit the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined. The bill would authorize a licensee, until January 1, 2028, to continue to distribute or sell cannabis or cannabis products, and any associated packaging or labeling, that were manufactured, packaged, or labeled in compliance with applicable law as it existed prior to
January 1, 2027. The bill would define the term “attractive to children” to include images of real or fictional humans and would create an exception to that prohibition in advertising or marketing, as specified. include, among other things, the use of images that are designed or likely to appeal to children, as specified. The bill would authorize a licensee to publish or disseminate advertising or marketing that contains images of real humans under specified circumstances. The bill would require the department, on or before July 1, 2027, to develop, adopt, and implement by regulation a standardized rubric for determining whether cannabis goods, including their packaging and labeling, are attractive to children, subject to certain requirements, including that the rubric identifies and describes
prohibition design elements, as specified.
The bill would require the department, on or before July 1, 2027, to also develop, adopt, and implement by regulation a process by which a licensee may voluntarily request a written determination from the department to inform the licensee of whether a proposed packaging or labeling of a cannabis product is attractive to children, subject to certain requirements, including that the department use the standardized rubric described above in making a determination. The bill would authorize the department to establish by regulation a reasonable fee to cover the costs of making a written determination. The bill would prohibit requiring the requesting of a written determination as a condition of licensure under MAUCRSA or for the sale of a cannabis product.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26001 of the Business and Professions Code is amended to read:26001.
For purposes of this division, the following definitions apply:(a) “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age or older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals.
(b) “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age or older and who do not possess a physician’s recommendation, or are intended for use on, or consumption by, animals.
(c) “Animal” does not include a food animal as defined in
Section 4825.1 or livestock as defined in Section 14205 of the Food and Agricultural Code.
(d) “Applicant” means an owner applying for a state license pursuant to this division.
(e) “Attractive to children” means any of the following:
(1) Use of images that are designed or likely to appeal to children, including, but not limited to, images of any of the following, except when required as part of required health warnings:
(A) Cartoons. For purposes of this subdivision, “cartoon” means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that meets any of the following criteria:
a depiction, illustration, or rendering of a human, animal, object, or fictional character that includes exaggerated features, anthropomorphic characteristics, emotional expressions, attribution of unnatural or extra-human abilities, or attribution of animal, plant, or other object characteristics to humans, in a manner that is reasonably likely to appeal to children.
(i)The use of comically exaggerated features.
(ii)The attribution of human characteristics to animals, plants, or other objects.
(iii)The attribution of animal, plant, or other object characteristics to humans.
(iv)The attribution of unnatural or extra-human abilities.
(B)Any real or fictional humans, unless the image is used to convey information regarding safe use of the product or packaging.
(C)Any fictional animals or creatures.
(D)Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
(E)Toys or robots.
(F)Bubble-type or other cartoon-like font, including, but not limited to, typography which uses rounded shapes that resemble bubbles, balloons, or other inflated shapes.
(2)Any likeness to images, characters, or phrases that are popularly used to advertise to children or resemble a noncannabis consumer product that is marketed to children.
(3)Any likeness to a noncannabis consumer product that is marketed to children.
(4)Any imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.
(B) (i) Any depiction, illustration, or rendering of a person under 21 years of age or a person who appears to be under 21 years of age.
(ii) Any use of names, images, or the likeness of celebrities, spokespersons, and influencers under 21 years of age, who appear to be under 21 years of age, or who primarily appear in content primarily intended for children.
(C) Any imaginary or fantasy-based characters, including, but not limited to, unicorns, dragons, or similar mythical creatures.
(D) Any depiction, illustration, or rendering of fruits or vegetables, except when the fruits or vegetables are both of the following:
(i) Used to accurately describe ingredients or flavors
contained in a product.
(ii) Are depicted, illustrated, or rendered in a manner that is not reasonably likely to appeal primarily to children or otherwise be attractive to children under this subdivision.
(E) Any depiction, illustration, or rendering of candies, cereals, sweets, chips, or other food products typically marketed to children.
(F) (i) Any cartoon-like font designed primarily to appeal to children, including, but not limited to, typography characterized by exaggerated letter form or resembling bubbles, balloons, or candy-like shapes.
(ii) A font or lettering is not attractive to children under this subparagraph
unless its design is primarily intended or reasonably likely to appeal to children.
(iii) The style of graffiti, street-art, distressed, stencil, hand-drawn, or other stylized fonts without letter forms or resembling bubbles, balloons, or candy-like shapes is not, by itself, attractive to children under this subparagraph.
(2) An image, character, phrase, trade dress, branding, brand name, or overall appearance that imitates or is easily confused with an image, character, phrase, trade dress, branding, brand name, or overall appearance of a noncannabis consumer product primarily marketed to children, entertainment content primarily intended for children, or a toy.
(3) Any packaging, labeling, or design elements that imitate or are easily confused with the distinctive trade dress, branding, brand names, or overall appearance of noncannabis cereals, sweets, chips, or other food products that are primarily marketed to children, except that similarities that are functional or commonly associated with a product category, including shape, size, format, or the inclusion of nutritional information, are not, by themselves, attractive to children unless the product category in question is a product category that is primarily marketed to children.
(5)
(4) The terms “candy” or “candies” or variants in spelling such as “kandy” or “kandee.”
(6)Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.
(7)Any other image or packaging that is easily confused with commercially available foods that do not contain cannabis and are typically marketed to children.
(8)
(5) Anything else that the department determines in regulation to be attractive to children. children pursuant to this paragraph. The department may identify additional depictions, illustrations, renderings, images, characters, phrases, packaging, labeling, design elements, terms, and any other packaging, labeling, marketing, or branding elements and terms that are attractive to children through regulation, consistent with this subdivision.
(6) (A) A product name used to identify a strain of cannabis is attractive to children under this subdivision if both of the following conditions are met:
(i) The product name is first introduced into commercial use on or after January 1, 2026.
(ii) The depiction, illustration, or rendering of the font of the product name is attractive to children pursuant to paragraph (1), (2), (3), (4), or (5).
(B) Notwithstanding subparagraph (A), a product name of an edible cannabis product is attractive to children under this subdivision if the depiction, illustration, or rendering of the font of the product name is attractive to children pursuant to paragraph (1), (2), (3), (4), or (5).
(f) “Batch” means a specific quantity of homogeneous cannabis, industrial hemp, or cannabis product that is one of the following types:
(1) “Harvest batch” means a specifically identified quantity of dried flower or trim, leaves, and other plant matter from either cannabis or industrial hemp that is harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals.
(2) “Manufactured cannabis batch” means either of the following:
(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(B) An amount of a type of manufactured cannabis produced in one production cycle using the same
formulation and standard operating procedures.
(g) “Cannabinoid” means a chemical compound found in cannabis and industrial hemp that binds to or otherwise activates cannabinoid receptors in humans and animals. “Cannabinoid” includes, but is not limited to, tetrahydrocannabinol (THC) and cannabidiol (CBD).
(h) “Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code.
(i) “Cannabis accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code.
(j) “Cannabis beverage” means a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
(k) “Cannabis concentrate” has the same meaning as in Section 11006.5 of
the Health and Safety Code.
(l) “Cannabis event organizer” means a person authorized to plan and organize temporary cannabis events as authorized in Section 26200.
(m) “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code.
(n) “CBD isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabidiol (CAS number 13956-29-1), with a purity level greater than 99 percent and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid.
(o) “CBN isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabinol (CAS number 521-35-7), with a purity level greater than 99 percent, and that does not contain any form of tetrahydrocannabinol or
synthetic cannabinoid.
(p) “Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.
(q) “Combined activities license” means a state license that authorizes two or more commercial cannabis activities at the same premises, with the exception of laboratory testing. A combined activities license shall conform with all requirements imposed by this division to the extent the licensee engages in those activities.
(r) “Commercial cannabis activity” includes the cultivation of cannabis or the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a
cannabis event organizer for temporary cannabis events.
(s) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(t) “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
(u) “Customer” means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physician’s recommendation, or a primary caregiver.
(v) “Daycare center” has the same meaning as in Section 1596.76 of the Health and Safety Code.
(w) “Delivery” means the commercial transfer of cannabis
or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.
(x) “Department” means the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency.
(y) “Director” means the Director of the Department of Cannabis Control.
(z) “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(aa) “Distributor” means a licensee that is authorized to engage in the distribution of cannabis, industrial hemp, and cannabis products.
(ab) “Dried flower” means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(ac) “Edible cannabis product” means a cannabis product that is intended to be used, in whole or in part, for human or animal consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, a processed pet food, as defined by Section 113025 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(ad) “Fund” means the Cannabis Control Fund established pursuant to Section 26210.
(ae) “Industrial hemp” has the same meaning as in Section 11018.5 of the Health and Safety Code.
(af) “Kind” means
applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation.
(ag) “Labeling” means any label or other written, printed, or graphic matter upon a cannabis or cannabis product, upon its container or wrapper, or that accompanies any cannabis or cannabis product.
(ah) “Labor peace agreement” means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the
applicant’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(ai) “License” means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.
(aj) “Licensed market” means the California licensed market for cannabis, industrial hemp, and cannabis products that is subject to regulation by this division.
(ak) “Licensee” means any person holding a license under this
division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(al) “Licensing authority” means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
(am) “Live plants” means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(an) “Local jurisdiction” means a city, county, or city and county.
(ao) “Lot” means a batch or a specifically identified portion of a batch.
(ap) “M-license” means a state license
issued under this division for commercial cannabis activity involving medicinal cannabis.
(aq) “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(ar) “Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
(as) “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local
jurisdiction.
(at) “Microbusiness” means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.
(au) “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(av) “Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(aw) “Owner” means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the person applying for a license.
(ax) “Package” means any container or receptacle used for holding cannabis or cannabis products.
(ay) “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(az) “Physician’s recommendation” means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code.
(ba) “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted.
(bb) “Primary caregiver” has the same meaning
as in Section 11362.7 of the Health and Safety Code.
(bc) “Processor” means a person authorized to engage in only trimming, drying, curing, grading, packaging, and labeling of cannabis and nonmanufactured cannabis products.
(bd) “Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(be) “Retailer” means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers.
(bf) “Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the
purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(bg) “Synthetic cannabinoid” means a cannabinoid or cannabinoid-like compound that is produced by using biosynthesis, bioconversion, or chemical synthesis, reaction, modification, conversion, or a similar process. This includes, but is not limited to, any form of tetrahydrocannabinol that was produced by the conversion of cannabidiol (CBD) (CAS number 13956-29-1), or any other chemical substance identified by the department in regulation. Synthetic cannabinoid does not include any of the following:
(1) A cannabinoid produced by the decarboxylation of acidic phytocannabinoids without the use of chemical reagents or chemical catalysts. This includes, but is not
limited to, the conversion of cannabidiolic acid (CBDA) into cannabidiol (CBD) without the use of chemical reagents or catalysts.
(2) A cannabinoid that occurs naturally in the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis plant that was produced with the use of heat, light, or pressure from other phytocannabinoids, and without the use of any chemical reagents or catalysts. This includes, but is not limited to, the conversion of tetrahydrocannabinol into cannabinol (CBN) with the use of heat, light, or pressure, and without the use of any chemical reagents or catalysts.
(3) Any other chemical substance identified by the department in regulation.
(bh) “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is
both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2) Licensed by the department.
(bi) “Unique identifier” means an alphanumeric code or designation used in reference to a specific quantity of cannabis or cannabis products that is issued pursuant to the track and trace program established by the department.
(bj) “Youth center” has the same meaning as in Section 11353.1 of the Health and Safety Code.
SEC. 2.
Section 26120 of the Business and Professions Code is amended to read:26120.
(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. If the cannabis or cannabis product contains multiple servings, the package shall also be resealable.(b) (1) Cannabis, cannabis products, packages, and labels shall not be made to be attractive to children. A manufacturer, distributor, or seller of cannabis or cannabis products shall not manufacture, distribute, or sell any cannabis or cannabis product, or any packaging or
labeling, that is attractive to children.
(2) Notwithstanding paragraph (1), a licensee may, until January 1, 2028, continue to distribute or sell cannabis or cannabis products, and any associated packaging or labeling, that were manufactured, packaged, or labeled in compliance with applicable law as it existed prior to January 1, 2027, even if the cannabis, cannabis products, packaging, or labeling would otherwise be attractive to children.
(c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the department:
(1) The following statements, in
bold print:
(A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”
(B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF
CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”
(2) For packages containing only dried flower, the net weight of cannabis in the package.
(3) Identification of the type of cannabis or cannabis product and the date of packaging.
(4) The appellation of origin, if any.
(5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.
(6) A warning if nuts or other known allergens are
used.
(7) Information associated with the unique identifier issued by the department.
(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”
(9) Any other requirement set by the department.
(d) Only generic food names may be used to describe the ingredients in edible cannabis products.
(e) Cannabis beverages may be packaged in containers that are clear or any color.
(f) The package and label of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that the cannabis cartridge or integrated cannabis vaporizer is disposable nor imply that it may be thrown in the
trash or recycling streams.
(g) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.
(h) This section shall become operative on July 1, 2024.
SEC. 3.
Section 26123 is added to the Business and Professions Code, immediately following Section 26122, to read:26123.
(a) On or before July 1, 2027, the department shall develop, adopt, and implement by regulation a standardized rubric for determining whether cannabis products, including their packaging and labeling, are attractive to children.(b) The standardized rubric shall identify and describe prohibited design elements, including, but not limited to, all of the following elements:
(1) Images, characters, or depictions.
(2) Product form factors or physical presentations.
(3) Color schemes, graphic styles, or fonts.
(4) Resemblance to commercially available foods, beverages, or consumer products that are commonly marketed to children.
(c) The department shall make the rubric publicly available, including on its internet website, and shall provide the rubric to licensees as guidance.
(d) The department shall update the rubric by regulation as necessary to reflect emerging products, marketing practices, and public health data.
SEC. 4.
Section 26124 is added to the Business and Professions Code, immediately following Section 26123, to read:26124.
(a) On or before July 1, 2027, the department shall develop, adopt, and implement by regulation a process by which a licensee may voluntarily request a written determination from the department to inform the licensee of whether a proposed packaging or labeling of a cannabis product is attractive to children.(b) (1) The department shall use the standardized rubric adopted pursuant to Section 26123 in making a determination pursuant to this section.
(2) The department shall issue a written determination within 30 calendar days of receiving a request for a determination.
(3) A written determination
issued by the department for a proposed packaging or label of a cannabis product shall be binding on the department for purposes of any subsequent enforcement action against any licensee.
(4) The department may revise or rescind a written determination by providing a notice to the licensee in writing that contains the reasoning behind the revision or rescission. A revision or rescission of a prior determination made pursuant to this paragraph shall become effective six months after the department provides notice to the licensee. A written determination previously in effect shall remain legally binding on the department until the revision or rescission becomes effective.
(c) The department may establish by regulation a reasonable fee to cover the costs of making a written determination.
(d) Notwithstanding any other
law, requesting a written determination pursuant to this section shall not be required as a condition of licensure under this division or for the sale of a cannabis product.
SEC. 5.
Section 26152 of the Business and Professions Code is amended to read:26152.
A person engaged in commercial cannabis activity, whether licensed or unlicensed, 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 or industrial hemp 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. Notwithstanding this subdivision, a licensee may publish or disseminate advertising or marketing that contains images of real humans under either of the
following circumstances:
(1) The image accurately depicts the licensee and is not a cartoon.
(2) The image is part of a corporate logo, is limited in color to black and white, and is not a cartoon.
(g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.
(h) Publish or disseminate advertising or marketing for unlicensed commercial cannabis activity or for licensed commercial cannabis activity while the licensee’s license is suspended.
