Bill Text: CA AB3 | 2019-2020 | Regular Session | Amended
Bill Title: Cannabis: Adolescent Cannabis Prevention Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB3 Detail]
Download: California-2019-AB3-Amended.html
Amended
IN
Assembly
March 28, 2019 |
Assembly Bill | No. 3 |
Introduced by Assembly Member Cooper |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26212 is added to the Business and Professions Code, to read:26212.
(a) The Adolescent Cannabis Prevention Fund is hereby established in the State Treasury.SEC. 2.
The Legislature finds and declares that Section 1 of this bill implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3.(a)An A-licensee shall not:
(1)Sell cannabis or cannabis products to persons under 21 years of age.
(2)Allow 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
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 other law, a person under 21 years of age who purchases or attempts to purchase
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 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 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.