If enacted, AB 2738 would fundamentally change how powdered alcohol is treated under California law. The bill would allow certain entities to possess and utilize powdered alcohol without facing penalties, thereby creating an exception to the blanket ban on its manufacture and sale. This change is expected to facilitate research and industrial applications while still maintaining restrictions on retail sales to minimize risks associated with consumer access to powdered alcohol.
Assembly Bill 2738, introduced by Assembly Member Brough, focuses on the regulation of powdered alcohol. The bill amends Sections 24200.7, 25623, and 25623.5 of the Business and Professions Code, which currently prohibits the manufacture, distribution, and sale of powdered alcohol. This act aims to provide specific exceptions for bona fide manufacturers or research institutions that possess powdered alcohol solely for purposes of manufacturing, research, or development, thereby allowing for a controlled legal framework surrounding its use in non-retail contexts.
The bill has sparked discussions regarding public safety and the potential for underage consumption. While supporters argue that the controlled use of powdered alcohol can provide benefits for research and development, critics raise concerns about the implications for public health, particularly if safety measures are not adequately enforced. Notably, the bill stipulates that powdered alcohol can only be included in products that cannot be easily converted back to a loose powder, which aims to address some of these safety concerns.