California 2017-2018 Regular Session

California Assembly Bill AB1090

Introduced
2/17/17  
Introduced
2/17/17  
Refer
3/27/17  
Refer
3/27/17  
Report Pass
3/28/17  
Refer
3/29/17  
Refer
3/29/17  
Report Pass
4/26/17  
Report Pass
4/26/17  
Refer
4/26/17  
Refer
4/26/17  
Report Pass
5/25/17  
Report Pass
5/25/17  
Engrossed
5/31/17  
Engrossed
5/31/17  
Refer
6/1/17  
Refer
6/1/17  
Refer
6/14/17  
Report Pass
6/29/17  
Report Pass
6/29/17  
Refer
6/29/17  
Refer
6/29/17  
Report Pass
7/10/17  
Report Pass
7/10/17  
Refer
7/10/17  
Refer
8/21/17  

Caption

Cannabis use: location restrictions.

Impact

The introduction and potential adoption of AB 1090 would significantly impact state laws concerning marijuana use, particularly in areas frequented by children. The bill places stricter limitations on where cannabis can be consumed, which could alter how marijuana is consumed in proximity to educational and youth facilities. Additionally, because this measure imposes a state-mandated local program without providing reimbursement for local agencies necessitated by the creation of new infractions, it raises questions about the financial implications for municipalities and school districts tasked with enforcement.

Summary

Assembly Bill 1090, introduced by Assembly Member Cunningham, amends Section 11362.3 of the Health and Safety Code to expand restrictions on the use of marijuana and cannabis products. The bill aims to prohibit the possession, smoking, or ingesting of these substances on the grounds of schools, daycare centers, or youth centers, irrespective of whether children are present. This amendment builds upon the existing provisions of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which only restricted such activities when children were present in these areas. By broadening these restrictions, AB 1090 seeks to bolster public health considerations and maintain safe environments for children and youth.

Sentiment

The sentiment around AB 1090 appears to be mixed among legislators and stakeholders. Proponents of the bill, primarily emphasizing child safety and community health, argue that stricter regulations are necessary to prevent potential exposure of minors to cannabis-related activities. However, critics of the bill express concerns over the extension of government regulations into personal choices of adults regarding cannabis use and worry that such restrictions may not be practical or enforceable outside established and clearly defined regulations of public spaces.

Contention

Key points of contention revolve around the balance between safeguarding child welfare and encroaching on personal liberties. Some legislators may argue that the broad scope of AB 1090 could lead to an infringement on the rights of adults who legally use marijuana, limiting their freedom in areas where consumption could have been appropriate previously. Additionally, there could be disagreements regarding the adequacy of enforcement mechanisms and the necessity to fund local agencies for compliance with the new regulations.

Companion Bills

No companion bills found.

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