Bill Text: CA AB1610 | 2023-2024 | Regular Session | Amended
Bill Title: Cannabis: Department of Cannabis Control.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-07-06 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1610 Detail]
Download: California-2023-AB1610-Amended.html
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Jones-Sawyer |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes the director to employ and appoint all employees necessary to properly administer the work of the department, as prescribed. Existing law authorizes the Governor to appoint other deputy directors of the department. Existing law provides that these deputy directors serve under the direction and supervision of the director and hold office at the pleasure of the Governor.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26039.1 of the Business and Professions Code is amended to read:26039.1.
(a) When the department has evidence that cannabis or a cannabis product is adulterated or misbranded, the department shall notify the licensee. The licensee may conduct a voluntary recall of the affected cannabis or cannabis product and may remediate the cannabis or cannabis product, if approved by the department, or shall destroy the affected cannabis or cannabis product under the supervision of the department.SEC. 2.
Section 26100 of the Business and Professions Code is amended to read:26100.
(a) Except as otherwise provided by law, cannabis or cannabis products shall not be sold pursuant to a license provided for under this division unless a representative sample of the cannabis or cannabis products has been tested by a licensed testing laboratory.(i)
(j)
(k)
(l)
SEC. 3.
Section 26110 of the Business and Professions Code is amended to read:26110.
(a) Cannabis batches are subject to quality assurance standards and testing prior to sale at a retailer, microbusiness, or nonprofit licensed under Section 26070.5, except for immature cannabis plants and seeds, as provided for in this division.(a)The Governor shall appoint the director of the department, subject to confirmation by the Senate. The director shall serve under the direction and supervision of the Secretary of the Business, Consumer Services, and Housing Agency and at the pleasure of the Governor.
(b)Every power granted to or duty imposed upon the director under this division may be exercised or performed in the name of the director by a deputy or assistant director or by a chief, subject to conditions and limitations that the director may prescribe.
(c)(1)The director may employ and appoint
all employees necessary to properly administer the work of the department, in accordance with civil service laws and regulations.
(2)The Governor may also appoint a chief deputy director, a deputy director of equity and inclusion, and either a deputy director of legal affairs or a chief counsel to the department. These positions shall serve under the direction and supervision of the director. These positions shall hold office at the pleasure of the Governor.
(d)The department has the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity as provided in this division.
(e)If any reference to the “Medical Cannabis Regulation and Safety Act,” “Medical Marijuana
Regulation and Safety Act,” or former Chapter 3.5 (commencing with Section 19300) of Division 8 appears in any statute, regulation, contract, or in any other code, it shall be construed to refer to this division as it relates to medicinal cannabis and medicinal cannabis products.