SB 1097 Cannabis and cannabis products: labeling and advertisement

This bill is part of the 2022 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.

SB 1097 (Pan D) Cannabis and cannabis products: labeling and advertisement.

The Control, Regulate and Tax Adult Use of Marijuana Act (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, including retail commercial cannabis activity, under the jurisdiction of the Department of Cannabis Control.

Existing law requires cannabis and cannabis product labels and inserts to include specified warnings about the safety of cannabis use.

This bill would require the department, on or before July 1, 2025, to adopt regulations to require cannabis and cannabis product labels and inserts to include a clear and prominent warning regarding the risks that cannabis use may contribute to mental health problems, in addition to existing labeling requirements. The bill would require the department, in consultation with the State Department of Public Health and the University of California, including the University of California San Francisco Center for Tobacco Control Research and Education, to reevaluate the regulations every 5 years, commencing January 1, 2030, to determine whether the regulations reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings.

This bill would require the department, on or before January 1, 2024, and in consultation with the State Department of Public Health, to create and post for public use a single-page flat or folded brochure that includes prescribed information, including, among other things, the recommendation that new users start with lower doses and the dangers of purchasing illegally sold cannabis and cannabis products. The bill would require, on and after March 1, 2024, a retailer or microbusiness selling, or person delivering, cannabis or cannabis products to a consumer offer each new consumer a copy of the brochure at the time of first purchase or delivery and to have the brochures visibly available at point of service. The bill would require the department, commencing January 1, 2030, and every 5 years thereafter, to either recertify the information in the brochure or provide updated language, as specified.

Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.

Contact us by phone or email to learn more about California cannabis law including state, county or city cannabis licensing and cannabis regulations, cannabis regulatory compliance, and cannabis litigation.