Bill Text: CA AB2691 | 2021-2022 | Regular Session | Introduced

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

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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-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2691

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Introduced by Assembly Member Wood
(Principal coauthor: Senator McGuire)
(Coauthors: Assembly Members Robert Rivas and Stone)
(Coauthor: Senator Laird)

February 18, 2022

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An act to add Section 26050.5 to the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 2691, as introduced, Wood. Cannabis: temporary cultivator event retail license.

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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 cultivator event retail licenses that authorize the license holder to sell cannabis or cannabis products, containing cannabis cultivated by that licensee, at cannabis events in the state. 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, to apply for a temporary cultivator event retail license. The bill would require a temporary cultivator event retail licensee to comply with all requirements imposed on cannabis retailers, unless otherwise specified. The bill would specify that a temporary cultivator event retail license is valid only for the specific cannabis event for which it was issued, and would limit the number of temporary cultivator event retail licenses issued to each licensee to 12 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: NO  

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Bill 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 temporary cultivator event retail licenses for cannabis events operating in accordance with this division.

(b) (1) A licensee who meets all of the following requirements may apply to the department for a temporary cultivator event 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 cultivates no more than one acre of cannabis, inclusive, of all licensed premises.

(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 cultivator event retail license shall only be valid for the specific cannabis event for which it was issued.

(2) The department shall not issue more than 12 temporary cultivator event retail licenses to each licensee per calendar year.

(d) (1) A temporary cultivator event 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 cultivator event 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 cultivator event 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 cannabis retailer licensee shall comply with all requirements imposed on retailers by this division.

SEC. 2.

 The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.