FEBRUARY 2022 - Capitol Corner


This past Friday, the Legislature had its bill introduction deadline. We have not sifted through all of the recent introductions pertaining to cannabis, but below are the bills up to last Wednesday.


AB 1646

(Chen R) Cannabis packaging: beverages.

Summary: 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. Current law places specified requirements on the packaging of cannabis and cannabis products, including authorizing cannabis beverages to be packaged in glass containers that are clear or any color.This bill would authorize cannabis beverages to be packaged in clear containers.


AB 1656

(Aguiar-Curry D) Cannabis: industrial hemp.

Summary: The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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 and requires the Department of Cannabis Control to administer its provisions.This bill would state that MAUCRSA does not prohibit a licensee from manufacturing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, if the product complies with all applicable state laws and regulations.

AB 1706

(Bonta, Mia D) Cannabis crimes: resentencing.

Summary: Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA. Current law, on or before July 1, 2019, requires the Department of Justice to review the records in the state summary criminal history information database to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. Current law gives the prosecution until July 1, 2020, to review all cases and determine whether to challenge the recall, dismissal, or sealing. Existing law requires the court to reduce or dismiss a sentence that has not been challenged by July 1, 2020. This bill would deem a case to have been reduced or dismissed as of January 1, 2023, if the case has been reviewed and the prosecution has not challenged or if the case has not been reviewed and would require the court to update its records accordingly and to notify the Department of Justice.


AB 1725

(Smith R) Illegal cultivation of cannabis.

Summary: The California Uniform Controlled Substances Act (the act), as amended by the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, makes it a crime to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants without a commercial cannabis license. The act makes those actions a misdemeanor for a person over 18 years of age but less than 21 years of age and a misdemeanor for a person over 18 years of age, unless specified conditions exist, including various prior offenses, in which case the actions may be punished as a felony.This bill would amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants.

AB 1885

(Kalra D) Cannabis and cannabis products: animals: veterinary medicine.

Summary: Would prohibit the Veterinary Medical Board from disciplining a veterinarian who recommends the use of cannabis on an animal for potential therapeutic effect or health supplementation purposes, unless the veterinarian is employed by or has an agreement with a cannabis licensee, as specified. The bill would require the board to adopt guidelines, by January 1, 2024, for veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship, and would require the board to post the guidelines on its internet website. The bill would require that cannabis products intended for animals comply with additional concentration and other standards adopted by regulations of the department.

AB 1954

(Quirk D) Physicians and surgeons: treatment and medication of patients using cannabis.

Summary: Would prohibit a physician and surgeon from denying treatment or medication to a qualified patient, as defined, based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use, except to the extent that the qualified patient’s use of medical cannabis has been found by a physician and surgeon, following a case-by-case evaluation of the patient, to be medically significant to the treatment or medication. The bill would provide that use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in such an evaluation. The bill would prohibit a physician and surgeon shall from being punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the bill’s requirements.

AB 2102

(Jones-Sawyer D) Cannabis: lawful actions.

Summary: 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. Under MAUCRSA, the actions of a person who, in good faith, allows their property to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and any applicable local ordinances, are not unlawful under state law and are prohibited from being an offense subject to arrest, prosecution, or other sanction under state law, or being subject to a civil fine or being a basis for seizure or forfeiture of assets under state law. This bill would make a nonsubstantive change to those provisions relating to lawful actions under MAUCRSA.

AB 2150

(Lackey R) Cannabis research.

Summary: If the Regents of the University of California accept the responsibility, existing law requires the University of California to establish the Center for Medicinal Cannabis Research in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. This bill would, if the regents accept the responsibility, require the center to establish a study examining the effects of cannabis products that are currently in the commercial cannabis stream of commerce and, in consultation with the Department of the California Highway Patrol, evaluating the public safety consequences of cannabis use and improving understanding of the best methods for determining related driving impairments. The bill would require the center to report the findings of the study on or before January 1, 2027. The bill would amend AUMA by appropriating $2 million to the center for this purpose from the State and Local Government Law Enforcement Account in the California Cannabis Tax Fund. This bill contains other existing laws.

AB 2155

(Villapudua D) Cannabis beverages.

Summary: 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. Existing law authorizes cannabis beverages to be packaged in glass containers that are clear or any color.This bill would state the intent of the Legislature to enact legislation that would regulate cannabis beverages as a unique cannabis product.

AB 2188

(Quirk D) Discrimination in employment: use of cannabis.

Summary: Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The act prohibits various forms of employment discrimination and empowers the Department of Fair Employment and Housing to investigate and prosecute complaints alleging unlawful practices.This bill would amend the act to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace or, with prescribed exceptions, upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their urine, hair, or bodily fluids.

AB 2210

(Quirk D) Cannabis: state temporary event licenses: venues licensed by the Department of Alcoholic Beverage Control: unsold inventory.

Summary: 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. AUMA prohibits a person from smoking or ingesting cannabis or cannabis products in a public place, except as specifically provided by local authorization.This bill would authorize the Department of Cannabis Control to issue a state temporary event license to a retail licensee under MAUCRSA authorizing onsite cannabis retail sales of cannabis or cannabis products to, and consumption by, persons 21 years of age or older at an event held at a venue that is licensed by the Department of Alcoholic Beverage Control pursuant to the Alcoholic Beverage Control Act if the activities comply with specified requirements, including that the local jurisdiction authorized the event and onsite sales and consumption of cannabis or cannabis products may only occur in a separate and distinct area from alcohol sales and consumption. The bill would allow the department to require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state and to impose a civil penalty for violations, in an amount up to 3 times the amount of the license fee for each violation. This bill contains other related provisions and other existing laws.


AB 2224

(McCarty D) Cannabis: delivery.

Summary: Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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. The act requires all employees of a retailer, microbusiness, or nonprofit delivering cannabis or cannabis products to carry a copy of the licensee’s current license and a government-issued identification with a photo of the employee. This bill would make a nonsubstantive change to the latter provision.


SB 988

(Hueso D) Compassionate Access to Medical Cannabis Act or Ryan’s Law.

Summary: The Compassionate Access to Medical Cannabis Act or Ryan’s Law requires specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, subject to certain restrictions. Current law requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. Current law requires a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. Existing law requires that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and makes those facilities subject to enforcement actions by the State Department of Public Health.This bill would repeal the requirement that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and the requirement that those facilities be subject to enforcement actions by the State Department of Public Health.

SB 1074

(McGuire D) Cannabis: excise tax: cultivation tax.

Summary: 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. AUMA imposes an excise tax on upon purchasers of cannabis or cannabis products sold in this state at the rate of 15% of the average market price of any retail sale by a cannabis retailer, and a separate cultivation tax on harvested cannabis that enters the commercial market, as specified. Existing law requires the California Department of Tax and Fee Administration to administer and collect the taxes. Existing law requires revenues from those taxes to be deposited into the California Cannabis Tax Fund, and continuously appropriates that tax fund for specified purposes. This bill would discontinue, beginning on July 1, 2022, the imposition of the cultivation tax. The bill would increase, from July 1, 2025, until July 1, 2026, the excise tax by an additional percentage that the Department of Finance estimates will generate half the amount of revenue that would have been collected pursuant to the cultivation tax, and would, beginning July 1, 2026, instead increase the excise tax by an additional percentage estimated by the department to generate the full amount of revenue that would have been collected pursuant to the cultivation tax. This bill contains other related provisions and other existing laws.

Recent Posts