Bill Text: CA AB1417 | 2019-2020 | Regular Session | Amended
Bill Title: Cannabis advertisement and marketing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-08-30 - In committee: Held under submission. [AB1417 Detail]
Download: California-2019-AB1417-Amended.html
Amended
IN
Senate
July 11, 2019 |
Amended
IN
Senate
June 25, 2019 |
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Introduced by Assembly Member Blanca Rubio (Coauthor: Assembly Member Low) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26038 of the Business and Professions Code is amended to read:26038.
(a) A person engaging in commercial cannabis activity without a license as required by this division, or aiding and abetting such activity, shall be subject to civil penalties of up to three times the amount of the license fee for each violation, and the court may order the destruction of cannabis associated with that violation in accordance with Section 11479 of the Health and Safety Code. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section by a licensing authority shall be deposited into the General Fund except as provided in subdivision (b). A violator shall be responsible for the cost of the destruction of cannabis associated with their violation.SEC. 2.
Section 26151 of the Business and Professions Code is amended to read:26151.
(a) (1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.(D)Any person who brings the action in the public interest if both of the following apply:
(i)The action is commenced more than 60 days after the person has given notice of the violation that is the subject of the action to the Attorney General and the district attorney and any city attorney or prosecutor in whose jurisdiction the violation is alleged to occur and to the alleged violator.
(ii)Neither the Attorney General nor any district attorney nor any city attorney or prosecutor has commenced and is diligently prosecuting an action against that violation.
SEC. 3.
Section 26151.5 is added to the Business and Professions Code, to read:26151.5.
(a) An operator of an internet website, online service, online application, or mobile application shall display a clear and reasonable statement to individuals who visit or use the internet website, online service, online application, or mobile application, and who are presented with any advertising or marketing for cannabis goods, explaining all of the following:(D)Any person who brings the action in the public interest if both of the following apply:
(i)The action is commenced more than 60 days after the person has given notice of the violation which is the subject of the action to the Attorney General and the district attorney and any city attorney in whose jurisdiction the violation is alleged to occur and to the alleged violator.
(ii)Neither the Attorney General nor any district attorney nor any city attorney or prosecutor has commenced and is diligently
prosecuting an action against such violation.