AB 1207 Cannabis: labeling and advertising

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 1207 (Irwin D) Cannabis: labeling and advertising.

Note: Assembly Bill 1207 was passed by the Legislature but vetoed by the Governor on October 8, 2023.

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. MAUCRSA places specified requirements on the packaging of cannabis and cannabis products. MAUCRSA prohibits a licensee from engaging in specified advertising or marketing activities, including, among others, advertising or marketing in a manner that is false or untrue or tends to create a misleading impression.

AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.

This bill would implement provisions of AUMA by prohibiting the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined. The bill would require the adoption of emergency regulations to implement these provisions.

This bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by AB 152 and SB 152 to be operative only if this bill and AB 152 or SB 152 are enacted and this bill is enacted last.

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

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