Bill Text: CA SB1064 | 2023-2024 | Regular Session | Amended
Bill Title: Cannabis: operator and separate premises license types: excessive concentration of licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-15 - From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15). [SB1064 Detail]
Download: California-2023-SB1064-Amended.html
Amended
IN
Senate
March 20, 2024 |
Introduced by Senator Laird |
February 08, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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 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.
This bill would state the intent of the Legislature to enact subsequent legislation to strengthen the state’s legal cannabis market.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares as follows:SEC. 2.
Section 26001 of the Business and Professions Code is amended to read:26001.
(a) For purposes of this division, the following definitions apply:(a)
(b)
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(al)(1) “Medicinal
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SEC. 3.
Section 26001 is added to the Business and Professions Code, to read:26001.
(a) For purposes of this division, the following definitions apply:SEC. 4.
Section 26037.5 of the Business and Professions Code is amended to read:26037.5.
(a) A person or entity shall not engage in commercial cannabis activity without a state license issued by the department pursuant to this division.SEC. 5.
Section 26037.5 is added to the Business and Professions Code, to read:26037.5.
(a) (1) A person or entity shall not engage in commercial cannabis activity described in paragraph (56) of subdivision (a) of Section 26001 without a state unified license issued by the department pursuant to this division.SEC. 6.
Section 26050 of the Business and Professions Code is amended to read:26050.
(a) The license classification pursuant to this division shall, at a minimum, be as follows:SEC. 7.
Section 26050 is added to the Business and Professions Code, to read:26050.
(a) The license classification pursuant to this division shall, at a minimum, be as follows:SEC. 8.
Section 26050.1 is added to the Business and Professions Code, to read:26050.1.
(a) The holder of an unexpired annual license authorizing any commercial cannabis activity described in paragraph (56) of subdivision (a) of Section 26001 on January 1, 2026, shall thereafter be deemed to hold a unified license authorizing that activity at the licensed premises with the same expiration date as the annual license.SEC. 9.
Section 26051 of the Business and Professions Code is amended to read:26051.
(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.SEC. 10.
Section 26051 is added to the Business and Professions Code, to read:26051.
(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.SEC. 11.
Section 26051.5 of the Business and Professions Code is amended to read:26051.5.
(a) An applicant for a state license issued pursuant to this division to conduct commercial cannabis activity, as defined in Section 26001, shall do all of the following:SEC. 12.
Section 26051.5 is added to the Business and Professions Code, to read:26051.5.
(a) An applicant for an operator license or a unified license issued pursuant to this division to conduct commercial cannabis activity, as defined in Section 26001, shall do all of the following:SEC. 13.
Section 26053 of the Business and Professions Code is amended to read:26053.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.SEC. 14.
Section 26053 is added to the Business and Professions Code, to read:26053.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.SEC. 15.
Section 26055 of the Business and Professions Code is amended to read:26055.
(a) The department may issue state licenses only to qualified applicants.SEC. 16.
Section 26055 is added to the Business and Professions Code, to read:26055.
(a) (1) The department may issue operator licenses and unified licenses only to qualified applicants.SEC. 17.
Section 26057 of the Business and Professions Code is amended to read:26057.
(a) The department shall deny an application if either the applicant, or the premises for which a state license is applied, do not qualify for licensure under this division.SEC. 18.
Section 26057 is added to the Business and Professions Code, to read:26057.
(a) The department shall deny an application for an operator license or a unified license if either the applicant, or the premises for which a unified license is applied, do not qualify for licensure under this division.SEC. 19.
Section 26057.5 is added to the Business and Professions Code, to read:26057.5.
(a) An applicant for a premises license issued pursuant to this division shall do all of the following:SEC. 20.
Section 26058 of the Business and Professions Code is amended to read:26058.
(a) Upon the denial of any application for a license, the department shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written petition for a license with the department. Upon receipt of a timely filed petition, the department shall set the petition for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. Any appeal from a final decision of the department shall be conducted in accordance with Chapter 4 (commencing with Section 26040).SEC. 21.
Section 26058 is added to the Business and Professions Code, to read:26058.
(a) Upon the denial of any application for an operator license or a unified license, the department shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written petition for a license with the department. Upon receipt of a timely filed petition, the department shall set the petition for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. Any appeal from a final decision of the department shall be conducted in accordance with Chapter 4 (commencing with Section 26040).SEC. 22.
Section 26070 of the Business and Professions Code is amended to read:26070.
Retailers, Distributors, and Microbusinesses.SEC. 23.
Section 26070 is added to the Business and Professions Code, to read:26070.
Retailers, Distributors, and Microbusinesses.SEC. 24.
Section 26130 of the Business and Professions Code is amended to read:26130.
(a) The department shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Licenses to be issued are as follows:SEC. 25.
Section 26130 is added to the Business and Professions Code, to read:26130.
(a) The department shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Regulations governing the issuance of premises licenses for manufacturing premises shall be consistent with Section 26057.5. Premises licenses to be issued are as follows:SEC. 26.
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.SEC. 27.
Section 26151 is added to the Business and Professions Code, 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 operator license number or unified license number.SEC. 28.
Section 26160 of the Business and Professions Code is amended to read:26160.
(a) A licensee shall keep accurate records of commercial cannabis activity.SEC. 29.
Section 26160 is added to the Business and Professions Code, to read:26160.
(a) A licensee shall keep accurate records of commercial cannabis activity.SEC. 30.
Section 26223 of the Business and Professions Code is amended to read:26223.
(a) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following:SEC. 31.
Section 26223 is added to the Business and Professions Code, to read:26223.
(a) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following:SEC. 32.
Section 26240 of the Business and Professions Code is amended to read:26240.
For purposes of this chapter, the following definitions apply:SEC. 33.
Section 26240 is added to the Business and Professions Code, to read:26240.
For purposes of this chapter, the following definitions apply:SEC. 34.
The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act by accomplishing all of the following:It is the intent of the Legislature to enact subsequent legislation to strengthen the state’s legal cannabis market.