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 128 Cannabis: background checks and cannabis event organizer license type.
(Update 7.10.23 – AB 128 was signed by the Governor and takes effect immediately as a bill providing for appropriations related to the 2023 Budget Bill.)
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), 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. 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. MAUCRSA establishes the Department of Cannabis Control, under the supervision and control of a director, to administer and enforce its provisions. MAUCRSA authorizes the director to employ and appoint all employees necessary to properly administer the work of the department, in accordance with civil service laws and regulations. MAUCRSA requires the director to designate the persons employed by the department for purposes of the administration and enforcement of MAUCRSA, and requires the director to ensure that a sufficient number of employees are qualified peace officers for purposes of enforcing MAUCRSA.
This bill would require the Department of Cannabis Control to submit to the Department of Justice fingerprint images and other related information for criminal history information checks of certain employees, prospective employees, contractors, and subcontractors, as specified. The bill would require the Department of Cannabis Control to request from the Department of Justice subsequent notification service for those individuals, as specified.
MAUCRSA authorizes the department to issue state licenses only to qualified applicants. MAUCRSA requires an applicant for a state license to require each owner to submit to the Department of Justice fingerprint images and related information for a criminal history information check, as specified.
This bill would exempt from that requirement an owner who has previously submitted fingerprint images and related information in connection with a valid state license issued by a licensing authority, as specified. The bill would prohibit the Department of Cannabis Control from considering criminal history information from a previous check of that owner when considering whether to issue a subsequent state license.
MAUCRSA authorizes the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction, as specified.
This bill would add Type 13—Cannabis event organizer to the codified list of license classifications.
This bill would update obsolete MAUCRSA provisions.
Existing law establishes the Cannabis Control Fund to support, among other things, the activities of the department under MAUCRSA, and requires licensing fees and certain other moneys associated with the recovery of investigation and enforcement costs to be deposited in the fund.
This bill would appropriate $5,000 from the Cannabis Control Fund to the department for purposes of implementing the provisions of the bill.
AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent, except as specified.
This bill would state that the bill furthers the purposes and intent of AUMA.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(See related Senate Bill 128.)
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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