Bill Text: CA AB2899 | 2017-2018 | Regular Session | Introduced

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

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Bill Title: Cannabis: advertisements.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-29 - Chaptered by Secretary of State - Chapter 923, Statutes of 2018. [AB2899 Detail]

Download: California-2017-AB2899-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2899

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Introduced by Assembly Members Rubio and Cooper
(Principal coauthor: Assembly Member Chau)

February 16, 2018

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An act to amend Section 26151 of the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 2899, as introduced, Rubio. Cannabis: advertisements: license number.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. 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. MAUCRSA requires all cannabis advertisements and marketing to accurately and legibly identify the licensee responsible for that content by adding, at a minimum, the licensee’s license number and prohibits a technology platform from displaying the advertisement on an Internet Web page unless the advertisement displays that licensee’s license number.

This bill would require that the license number displayed on the advertisement be the licensee’s State of California Commercial Cannabis Activity license number.

The AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a ²/₃ vote of the membership of both houses of the Legislature, except as provided.

This bill would declare that its provisions further specified purposes and intent of AUMA.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 26151 of the Business and Professions Code is amended to read:

26151.

 (a) (1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.

(2) A technology platform shall not display an advertisement by a licensee on an Internet Web page unless the advertisement displays the State of California Commercial Cannabis Activity license number of the licensee.

(3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the license number of the licensee.

(b) Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.

(c) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee. For purposes of this section, that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.

(d) All advertising shall be truthful and appropriately substantiated.

SEC. 2.

 The Legislature finds and declares that Section l of this act amends the Control, Regulate and Tax Adult Use of Marijuana Act by prohibiting a technology platform from displaying an advertisement by a licensee under the act unless the advertisement displays the licensee’s specified license number, and that the section is consistent with and furthers the purposes and intent of the act.