Bill Text: CA AB2691 | 2021-2022 | Regular Session | Amended
Bill Title: Cannabis: temporary event cultivator retail license.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-05-26 - Ordered to inactive file at the request of Assembly Member Wood. [AB2691 Detail]
Download: California-2021-AB2691-Amended.html
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Amended
IN
Assembly
May 19, 2022 |
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Amended
IN
Assembly
April 27, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2691
| Introduced by Assembly Member Wood (Principal coauthor: Senator McGuire) (Coauthors: Assembly Members Robert Rivas and Stone) (Coauthor: Senator Laird) |
February 18, 2022 |
An act to add Section 26050.5 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 2691, as amended, Wood.
Cannabis: temporary event cultivator retail 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.
This bill would
require the department to issue temporary event cultivator retail licenses that authorize the license holder 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 cultivates no more than one acre of cannabis, as provided, or is an equity applicant or licensee, as defined, to apply for a temporary event cultivator retail license. The bill would require a temporary event cultivator retail licensee to comply with all requirements imposed on cannabis retailers selling cannabis or cannabis products at a state temporary event, unless otherwise specified. The bill would specify that a temporary event cultivator retail
license is valid only for the specific state temporary event for which it was issued, and would limit the number of temporary event cultivator retail licenses issued to each licensee to 8 per calendar year.
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 26050.5 is added to the Business and Professions Code, to read:26050.5.
(a) The department shall issue a temporary event cultivator retail license for use at a state temporary event 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 temporary event cultivator retail 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 at least one of the following:
(C)
(i) The applicant cultivates no more than one acre of cannabis, inclusive, of all licensed premises.
(ii) The applicant is an equity applicant or licensee, as defined in Section 26249.
(2) 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 preformed for approval of their state cultivation license.
(3) The department shall establish a process to facilitate the submission of applications pursuant to this subdivision.
(c) (1) Each temporary event cultivator retail license shall only be valid for the specific state temporary event, licensed pursuant to subdivision (e) of Section 26200, for which it was issued.
(2) The department shall not issue more than 8
eight
temporary event cultivator retail licenses to each licensee per calendar year.
(d) (1) A temporary event cultivator retail license may sell cannabis or cannabis products at the cannabis event for which the license was issued.
(2) All cannabis or cannabis products sold pursuant to paragraph (1) shall only contain cannabis cultivated by that temporary event cultivator retail licensee.
(3) Cannabis and cannabis products intended to be sold pursuant to paragraph (1) shall be transported from the licensed premises of the temporary event cultivator retail licensee to the cannabis event venue by a distributor licensee in accordance with Section 26070.
(4) Except as otherwise provided in this section, a temporary event cultivator retail licensee shall comply with all requirements imposed on retail licensees selling cannabis or cannabis products at a state temporary event licensed pursuant to subdivision (e) of Section 26200.
