Bill Text: CA AB351 | 2023-2024 | Regular Session | Amended
Bill Title: Cannabis: license transfers.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB351 Detail]
Download: California-2023-AB351-Amended.html
|
Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 351
| Introduced by Assembly Member Chen |
January 31, 2023 |
An act to amend Section 26012 of the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 351, as amended, Chen.
Cannabis: license transfers.
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 cannabis for nonmedical purposes by people 21 years of age and older. The existing an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses,
without submission to the voters, to further its purposes and intent, except as provided.
Existing law, 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. activities, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA grants to the department the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity.
This bill would state the intent of the Legislature to enact legislation that would authorize the Department of Cannabis Control to transfer licenses for commercial cannabis activity from a licensee to another person, subject to the requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA). also grant to the department the sole authority to transfer, assign, or reassign those licenses. The bill would declare that its provisions further the purpose and intent of AUMA.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26012 of the Business and Professions Code is amended to read:26012.
(a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.
(c) For the performance of
its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.
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.It is the intent of the Legislature to enact legislation that would authorize the Department of Cannabis Control to transfer licenses for commercial cannabis activity from a licensee to another person, subject to the requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
