AB 335 Retail theft

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 335 (Alanis R) Retail theft.

As originally written, AB 335 would have changed provisions of Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. This bill has been amended to be a retail theft bill.

Existing law, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Existing law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12-month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony.

This bill would require the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to submit a report to the Legislature describing the reported retail thefts, as specified. This bill would also require state and local law enforcement to collect and provide data on retail theft to the commission, as specified. This bill would require the commission to issue its report to the Legislature no later than January 1, 2026. By imposing new duties on local entities, the bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.

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