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.
SB 540 (Laird D) Cannabis and cannabis products: health warnings.
Note: Senate Bill 540 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) 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, on or before July 1, 2025, require the department to reevaluate regulations for the above-described warnings to determine whether any additional warnings are necessary to reflect evolving science, and would require the department to adopt regulations for cannabis and cannabis product labels or inserts reflecting the evolving science regarding the risks that cannabis use may cause consumers. The bill would, on or before January 1, 2030, and every 5 years thereafter, require the department to reevaluate the adopted regulations to determine whether the requirements reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings. The bill would authorize cannabis or cannabis products manufactured before January 1, 2030, and every proceeding year new labeling requirements are imposed to be sold for up to 12 months or for a shorter period of time as prescribed by the department.
The bill would, on or before January 1, 2025, require the department, 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, implications and risks associated with cannabis use, as specified. The bill would, on and after March 1, 2025, require a retailer or microbusiness selling, or person delivering, cannabis or cannabis products to a consumer to prominently display the brochure, including printed copies, at the point of sale of final delivery in person or online, and offer each new consumer a copy of the brochure at the time of first purchase or delivery. The bill would, on or before January 1, 2030, and every 5 years thereafter, require the department 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.
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