AB 2155: Cannabis beverages.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-06-21
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 define the term cannabis beverages for this purpose as a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
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 define the term cannabis beverages for this purpose as a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
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.This bill would define the term cannabis beverages for this purpose as a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
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.
For purposes of this division, the following definitions apply:
(a)A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(b)A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(c)Applicant means an owner applying for a state license pursuant to this division.
(d)Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1)Harvest batch. Harvest batch means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is harvested at the same time and, if applicable, cultivated using the same pesticides and other agricultural chemicals.
(2)Manufactured cannabis batch. Manufactured cannabis batch means either of the following:
(A)An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(B)An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.
(e)Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.
(f)Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.
(g)Cannabis beverage means a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
(h)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from glandular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(i)Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
(j)Child resistant means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.
(k)Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.
(l)Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(m)Cultivation site means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
(n)Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.
(o)Day care center has the same meaning as in Section 1596.76 of the Health and Safety Code.
(p)Delivery means the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform.
(q)Department means the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency.
(r)Director means the Director of the Department of Cannabis Control.
(s)Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(t)Distributor means a licensee that is authorized to engage in the distribution of cannabis and cannabis products.
(u)Dried flower means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(v)Edible cannabis product means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(w)Fund means the Cannabis Control Fund established pursuant to Section 26210.
(x)Kind means applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation.
(y)Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(z)Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(aa)License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.
(ab)Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(ac)Licensing authority means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
(ad)Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(ae)Local jurisdiction means a city, county, or city and county.
(af)Lot means a batch or a specifically identified portion of a batch.
(ag)M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
(ah)M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(ai)Manufacture means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
(aj)(1)Medicinal cannabis or medicinal cannabis product means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physicians recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(2)The amendments made to this subdivision by the act adding this paragraph shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this paragraph, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first.
(ak)Microbusiness means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.
(al)Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(am)Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(an)Owner means any of the following:
(1)A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2)The chief executive officer of a nonprofit or other entity.
(3)A member of the board of directors of a nonprofit.
(4)An individual who will be participating in the direction, control, or management of the person applying for a license.
(ao)Package means any container or receptacle used for holding cannabis or cannabis products.
(ap)Person includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(aq)Physicians recommendation means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
(ar)Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
(as)Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.
(at)Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(au)Retailer means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers.
(av)Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(aw)Testing laboratory means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1)Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2)Licensed by the department.
(ax)Unique identifier means an alphanumeric code or designation issued pursuant to the track and trace program established by the department and used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(ay)Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
For purposes of this division, the following definitions apply:
(a)A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(b)A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(c)Applicant means an owner applying for a state license pursuant to this division.
(d)Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1)Harvest batch. Harvest batch means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is harvested at the same time and, if applicable, cultivated using the same pesticides and other agricultural chemicals.
(2)Manufactured cannabis batch. Manufactured cannabis batch means either of the following:
(A)An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(B)An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.
(e)Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.
(f)Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.
(g)Cannabis beverage means a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
(h)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from glandular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(i)Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
(j)Child resistant means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.
(k)Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.
(l)Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(m)Cultivation site means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
(n)Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.
(o)Day care center has the same meaning as in Section 1596.76 of the Health and Safety Code.
(p)Delivery means the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform.
(q)Department means the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency.
(r)Director means the Director of the Department of Cannabis Control.
(s)Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(t)Distributor means a licensee that is authorized to engage in the distribution of cannabis and cannabis products.
(u)Dried flower means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(v)Edible cannabis product means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(w)Fund means the Cannabis Control Fund established pursuant to Section 26210.
(x)Kind means applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation.
(y)Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(z)Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(aa)License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.
(ab)Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(ac)Licensing authority means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
(ad)Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(ae)Local jurisdiction means a city, county, or city and county.
(af)Lot means a batch or a specifically identified portion of a batch.
(ag)M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
(ah)M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(ai)Manufacture means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
(aj)(1)Medicinal cannabis or medicinal cannabis product means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physicians recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(2)The amendments made to this subdivision by the act adding this paragraph shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this paragraph, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first.
(ak)Microbusiness means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.
(al)Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(am)Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(an)Owner means any of the following:
(1)A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2)The chief executive officer of a nonprofit or other entity.
(3)A member of the board of directors of a nonprofit.
(4)An individual who will be participating in the direction, control, or management of the person applying for a license.
(ao)Package means any container or receptacle used for holding cannabis or cannabis products.
(ap)Person includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(aq)Physicians recommendation means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
(ar)Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
(as)Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.
(at)Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(au)Retailer means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers.
(av)Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(aw)Testing laboratory means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1)Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2)Licensed by the department.
(ax)Unique identifier means an alphanumeric code or designation issued pursuant to the track and trace program established by the department and used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(ay)Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
For purposes of this division, the following definitions apply:
(a)A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(b)A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(c)Applicant means an owner applying for a state license pursuant to this division.
(d)Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1)Harvest batch. Harvest batch means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is harvested at the same time and, if applicable, cultivated using the same pesticides and other agricultural chemicals.
(2)Manufactured cannabis batch. Manufactured cannabis batch means either of the following:
(A)An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(B)An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.
(e)Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.
(f)Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.
(g)Cannabis beverage means a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
(g)(h)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from glandular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(h)(i)Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
(i)(j)Child resistant means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.
(j)(k)Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.
(k)(l)Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(l )(m)Cultivation site means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
(m)(n)Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.
(n)(o)Day care center has the same meaning as in Section 1596.76 of the Health and Safety Code.
(o)(p)Delivery means the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform.
(p)(q)Department means the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency.
(q)(r)Director means the Director of the Department of Cannabis Control.
(r)(s)Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(s)(t)Distributor means a licensee that is authorized to engage in the distribution of cannabis and cannabis products.
(t)(u)Dried flower means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(u)(v)Edible cannabis product means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(v)(w)Fund means the Cannabis Control Fund established pursuant to Section 26210.
(w)(x)Kind means applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation.
(x)(y)Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(y)(z)Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(z)(aa)License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.
(aa)(ab)Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(ab)(ac)Licensing authority means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
(ac)(ad)Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(ad)(ae)Local jurisdiction means a city, county, or city and county.
(ae)(af)Lot means a batch or a specifically identified portion of a batch.
(af)(ag)M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
(ag)(ah)M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(ah)(ai)Manufacture means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
(ai)(aj)(1)Medicinal cannabis or medicinal cannabis product means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physicians recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(2)The amendments made to this subdivision by the act adding this paragraph shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this paragraph, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first.
(aj)(ak)Microbusiness means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.
(ak)(al)Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(al)(am)Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(am)(an)Owner means any of the following:
(1)A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2)The chief executive officer of a nonprofit or other entity.
(3)A member of the board of directors of a nonprofit.
(4)An individual who will be participating in the direction, control, or management of the person applying for a license.
(an)(ao)Package means any container or receptacle used for holding cannabis or cannabis products.
(ao)(ap)Person includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(ap)(aq)Physicians recommendation means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
(aq)(ar)Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
(ar)(as)Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.
(as)(at)Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(at)(au)Retailer means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers.
(au)(av)Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(av)(aw)Testing laboratory means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1)Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2)Licensed by the department.
(aw)(ax)Unique identifier means an alphanumeric code or designation issued pursuant to the track and trace program established by the department and used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(ax)(ay)Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
SECTION 1.It is the intent of the Legislature to enact legislation that would regulate cannabis beverages as a unique cannabis product.It is the intent of the Legislature to enact legislation that would regulate cannabis beverages as a unique cannabis product.
|
Date
|
Status
|
|---|---|
| Jun 21, 2022 | Chaptered by Secretary of State - Chapter 33, Statutes of 2022. |
| Jun 21, 2022 | Approved by the Governor. |
| Jun 20, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jun 14, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 13, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4170.). |
| Jun 8, 2022 | Read second time. Ordered to Consent Calendar. |
| Jun 6, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (June 6). |
| May 4, 2022 | Referred to Com. on B., P. & E.D. |
| Apr 4, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 4, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 4138.) |
| Mar 30, 2022 | Read second time. Ordered to Consent Calendar. |
| Mar 29, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (March 29). |
| Mar 14, 2022 | Re-referred to Com. on B. & P. |
| Mar 10, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 3, 2022 | Referred to Com. on B. & P. |
| Feb 16, 2022 | From printer. May be heard in committee March 18. |
| Feb 15, 2022 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 13, 2022 | Consent Calendar AB2155 Villapudua | Senate Floor |
Passed |
|
| Apr 4, 2022 | AB 2155 Villapudua Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):