Bill Text: CA AB3 | 2019-2020 | Regular Session | Introduced


Bill Title: Cannabis: sale to minors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-12-04 - From printer. May be heard in committee January 3. [AB3 Detail]

Download: California-2019-AB3-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 3


Introduced by Assembly Member Cooper

December 03, 2018


An act to amend Section 26140 of the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 3, as introduced, Cooper. Cannabis: sale to minors.
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. Existing law prohibits an adult-use licensee from selling or transferring cannabis or cannabis products to a person unless the person presents documentation that reasonably appears to be a valid government-issued identification card showing he or she is 21 years of age or older. Existing law authorizes a medicinal cannabis licensee to sell or transfer cannabis or cannabis products to a person who is 18 years of age or older and who has a medicinal cannabis card or a referral from a physician or who is the primary caregiver for a person with a medicinal cannabis card or a referral from a physician. Violation of these provisions may result in a felony charge and the suspension, revocation, or probation of the commercial cannabis license and specified fines.
This bill would make technical, nonsubstantive changes to these 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 26140 of the Business and Professions Code is amended to read:

26140.
 (a) An A-licensee shall not:
(1) Sell cannabis or cannabis products to persons under 21 years of age.
(2) Allow any a person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
(3) Employ or retain persons under 21 years of age.
(4) Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation which that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
(b) Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any provision of other law, any a person under 21 years of age who purchases or attempts to purchase any cannabis while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the bureau in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) Notwithstanding subdivision (a), an M-licensee may:
(1) Allow on the premises any a person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
(2) Allow any a person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.
(3) Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
(4) The bureau may establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver for a patient to ensure that the status of a person as a primary caregiver is verified.

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