This bill is part of the 2023 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.
AB 1126 (Lackey R) Cannabis: citation and fine.
Note: AB 1126 passed and was signed by the Governor.
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 under the jurisdiction of the Department of Cannabis Control. Existing law authorizes certain employees of the California Department of Tax and Fee Administration (CDTFA) or a peace officer to enter and inspect a place at which cannabis or cannabis products are sold, cultivate, or stored and authorizes the CDTFA or a law enforcement agency to seize cannabis or cannabis products in certain circumstances, such as if the person is unlicensed, among others. Existing law makes refusal or failure to allow an inspection a misdemeanor and a violation of the Cannabis Tax Law, generally a misdemeanor.
Under existing law, the Department of Cannabis Control is authorized to issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated any provision of specified statutes or regulations. Existing law authorizes the department to assess an administrative fine not to exceed $5,000 per violation by a licensee and $30,000 per violation by a unlicensed person.
This bill would make the possession of the universal symbol in connection with a commercial activity a violation, as described, and would make each individual package, label, advertisement, or other object bearing the universal symbol a separate violation. The bill would require a person using or possessing the universal symbol in connection with a commercial activity to maintain and produce records that the use or possession is in connection with licensed commercial activity. The bill would make a package, label, advertisement, or other document or object of any kind bearing the universal symbol contraband and require it to be seized and summarily forfeited. The bill would authorize the person from whom a package, label, advertisement, or other document or object is seized to petition for return of the object, as specified. The bill would make an exception for the educational, informational, or other noncommercial use or possession of the universal symbol. The bill would expand the places and items authorized for certain employees of the CDTFA or a peace officer to inspect and seize to include any place where any package, label, advertisement, or other document or object of any kind bearing the universal symbol are sold or stored. By expanding the locations authorized for entry and inspection, the bill expands the scope of a crime and imposes a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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