Currrent as of February 4, 2022
Senate Bill No. 663
Introduced by Senator Nielsen
An act to add Section 26123 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL’S DIGEST
SB 663, Nielsen. Packages and labels of cannabis or cannabis products: children.
(1) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of marijuana, also known as cannabis, for nonmedical purposes by persons 21 years of age and older. AUMA prohibits a marijuana product from being appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana. AUMA requires, prior to delivery or sale at a retailer, marijuana and marijuana products to be labeled and placed in a resealable, tamper-evident, child resistant package, and prohibits packages and labels from being attractive to children.
This bill would specify that a package or label of cannabis or cannabis products is deemed to be attractive to children if the package or label has specific characteristics, including, among others, displaying a name resembling the name of any candy, snack food, baked good, or beverage commercially sold without cannabis.
(2) AUMA authorizes the Legislature to amend, by a majority vote, certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further specified purposes and the intent of the act.
This bill would declare that its provisions implement specified substantive provisions of AUMA. The bill would also declare that its provisions further specified purposes and the intent of the act.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Section 26123 is added to the Business and Professions Code, to read:
(a) A package or label of cannabis or cannabis products shall be deemed to be attractive to children if the package or label has any of the following characteristics:
(1) Displays the contents of the package through transparent material.
(2) Displays a name that resembles the name of a candy, snack food, baked good, or beverage commercially sold without cannabis.
(3) Contains a design feature that resembles the package or labeling of a candy, snack food, baked good, or beverage commercially offered for sale that does not contain cannabis.
(4) Displays a statement, artwork, or design that could reasonably mislead a natural person under 21 years of age to believe that the package contains anything other than cannabis or cannabis products.
(5) Displays a cartoon, logo, or design feature that would reasonably make the package or label appeal primarily to a natural person under 21 years of age.
(6) Displays a name or slogan that would reasonably make the package or label appeal primarily to a natural person under 21 years of age.
(b) This section does not establish an exclusive list of the characteristics that make a package or label attractive to children.
The Legislature finds and declares that Section 1 of this bill implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and further the purposes of the act as stated in Section 3 of the act.