Bill Text: CA AB794 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 794

Introduced

Bill Title: Cannabis: advertising and marketing restrictions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB794 Detail]

Download: California-2023-AB794-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 794

Introduced by Assembly Member Flora

February 13, 2023

An act to amend Section 26151 of the Business and Professions Code, relating to cannabis.

LEGISLATIVE COUNSEL'S DIGEST

AB 794, as introduced, Flora. Cannabis: advertising and marketing restrictions.

Existing law, 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. Existing law, 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. MAUCRSA requires all cannabis advertisements and marketing to accurately and legibly identify the licensee responsible for that content by adding the licensee’s license number, and prohibits a technology platform or an outdoor advertising company from displaying an advertisement unless the advertisement displays that licensee’s license number.

This bill would require all cannabis advertisements and marketing include the licensee’s name in addition to the licensee number, and would prohibit a technology platform or an outdoor advertising company from displaying an advertisement unless the advertisement displays that licensee’s name and license number.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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,~~ content by adding, at a minimum, the licensee’s name and license number.

(2) A technology platform shall not display an advertisement by a licensee on an ~~Internet Web~~ internet web page unless the advertisement displays the name and license number of the licensee.

(3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the name and license number of the licensee.

(b) Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.

(c) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee. For purposes of this section, that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.

(d) All advertising shall be truthful and appropriately substantiated.