California 2017 2017-2018 Regular Session

California Senate Bill SB162 Amended / Bill

Filed 03/28/2017

                    Amended IN  Senate  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 162Introduced by Senator AllenJanuary 19, 2017An act to amend Section 125285.5 of the Health and Safety Code, relating to mental health. An act to amend Section 26151 of, to add Section 26151.5 to, and to add Article 12 (commencing with Section 19349) to Chapter 3.5 of Division 8 of, the Business and Professions Code, relating to marijuana.LEGISLATIVE COUNSEL'S DIGESTSB 162, as amended, Allen. Alzheimers disease: updated guidelines. Marijuana and medical cannabis: marketing.Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) that was enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity, which does not include commercial medical cannabis activity, pursuant to that license and any applicable local ordinances. AUMA requires all advertisements for the sale of nonmedical marijuana or nonmedical marijuana products, as specified, to identify accurately and legibly the licensee responsible for its content. AUMA authorizes legislative amendment of specified sections of AUMA with a 2/3 vote of each house, without submission to the voters, if the amendments further its purposes and intent.This bill would prohibit medical cannabis and nonmedical marijuana licensees from advertising or selling medical cannabis or nonmedical marijuana on the Internet and prohibits a licensee from advertising using branded merchandise, except at industry trade shows or similar events.This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.Existing law, until January 1, 2018, requires the State Department of Public Health to convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system. Existing law requires the department to submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017.This bill would extend the repeal date of these provisions to January 1, 2020.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 12 (commencing with Section 19349) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: Article 12. Marketing and Advertising19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.19349.6. This article does not apply to any noncommercial speech.SEC. 2. Section 26151 of the Business and Professions Code is amended to read:26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.SEC. 3. Section 26151.5 is added to the Business and Professions Code, to read:26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.SEC. 4. The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.SECTION 1.Section 125285.5 of the Health and Safety Code is amended to read:125285.5.(a)The Legislature finds and declares all of the following:(1)It is estimated that there are between 60,000 and 85,000 people with dementia in Californias Coordinated Care Initiative.(2)Average per person Medicaid spending for seniors who are dually eligible for Medicare and who have Alzheimers disease and other dementias is 19 times higher than average per person Medicaid spending for all other seniors.(3)The triple aim of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and Medicaid expansion is improved population health, better experience of care, and lower per capita health care costs.(4)Dementia care management has been proven, through peer-reviewed, evidence-based research, to achieve all three aims.(b)The State Department of Public Health shall convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system, including, but not limited to, changes in the federal Patient Protection and Affordable Care Act (Public Law 111-148), Medicaid, and Medicare. In updating the guidelines, the workgroup may draw on evidence-based, peer-reviewed research and lessons learned from demonstration and pilot projects.(c)The workgroup shall consist of members determined by the department. It may include multidisciplinary experts in Alzheimers disease detection, diagnosis, treatment, and support.(d)The department shall submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017. This report shall be submitted in compliance with Section 9795 of the Government Code.(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

 Amended IN  Senate  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 162Introduced by Senator AllenJanuary 19, 2017An act to amend Section 125285.5 of the Health and Safety Code, relating to mental health. An act to amend Section 26151 of, to add Section 26151.5 to, and to add Article 12 (commencing with Section 19349) to Chapter 3.5 of Division 8 of, the Business and Professions Code, relating to marijuana.LEGISLATIVE COUNSEL'S DIGESTSB 162, as amended, Allen. Alzheimers disease: updated guidelines. Marijuana and medical cannabis: marketing.Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) that was enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity, which does not include commercial medical cannabis activity, pursuant to that license and any applicable local ordinances. AUMA requires all advertisements for the sale of nonmedical marijuana or nonmedical marijuana products, as specified, to identify accurately and legibly the licensee responsible for its content. AUMA authorizes legislative amendment of specified sections of AUMA with a 2/3 vote of each house, without submission to the voters, if the amendments further its purposes and intent.This bill would prohibit medical cannabis and nonmedical marijuana licensees from advertising or selling medical cannabis or nonmedical marijuana on the Internet and prohibits a licensee from advertising using branded merchandise, except at industry trade shows or similar events.This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.Existing law, until January 1, 2018, requires the State Department of Public Health to convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system. Existing law requires the department to submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017.This bill would extend the repeal date of these provisions to January 1, 2020.Digest Key Vote: MAJORITY2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  March 28, 2017

Amended IN  Senate  March 28, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 162

Introduced by Senator AllenJanuary 19, 2017

Introduced by Senator Allen
January 19, 2017

An act to amend Section 125285.5 of the Health and Safety Code, relating to mental health. An act to amend Section 26151 of, to add Section 26151.5 to, and to add Article 12 (commencing with Section 19349) to Chapter 3.5 of Division 8 of, the Business and Professions Code, relating to marijuana.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 162, as amended, Allen. Alzheimers disease: updated guidelines. Marijuana and medical cannabis: marketing.

Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) that was enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity, which does not include commercial medical cannabis activity, pursuant to that license and any applicable local ordinances. AUMA requires all advertisements for the sale of nonmedical marijuana or nonmedical marijuana products, as specified, to identify accurately and legibly the licensee responsible for its content. AUMA authorizes legislative amendment of specified sections of AUMA with a 2/3 vote of each house, without submission to the voters, if the amendments further its purposes and intent.This bill would prohibit medical cannabis and nonmedical marijuana licensees from advertising or selling medical cannabis or nonmedical marijuana on the Internet and prohibits a licensee from advertising using branded merchandise, except at industry trade shows or similar events.This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.Existing law, until January 1, 2018, requires the State Department of Public Health to convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system. Existing law requires the department to submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017.This bill would extend the repeal date of these provisions to January 1, 2020.

Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) that was enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity, which does not include commercial medical cannabis activity, pursuant to that license and any applicable local ordinances. AUMA requires all advertisements for the sale of nonmedical marijuana or nonmedical marijuana products, as specified, to identify accurately and legibly the licensee responsible for its content. AUMA authorizes legislative amendment of specified sections of AUMA with a 2/3 vote of each house, without submission to the voters, if the amendments further its purposes and intent.

This bill would prohibit medical cannabis and nonmedical marijuana licensees from advertising or selling medical cannabis or nonmedical marijuana on the Internet and prohibits a licensee from advertising using branded merchandise, except at industry trade shows or similar events.

This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

Existing law, until January 1, 2018, requires the State Department of Public Health to convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system. Existing law requires the department to submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017.



This bill would extend the repeal date of these provisions to January 1, 2020.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 12 (commencing with Section 19349) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: Article 12. Marketing and Advertising19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.19349.6. This article does not apply to any noncommercial speech.SEC. 2. Section 26151 of the Business and Professions Code is amended to read:26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.SEC. 3. Section 26151.5 is added to the Business and Professions Code, to read:26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.SEC. 4. The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.SECTION 1.Section 125285.5 of the Health and Safety Code is amended to read:125285.5.(a)The Legislature finds and declares all of the following:(1)It is estimated that there are between 60,000 and 85,000 people with dementia in Californias Coordinated Care Initiative.(2)Average per person Medicaid spending for seniors who are dually eligible for Medicare and who have Alzheimers disease and other dementias is 19 times higher than average per person Medicaid spending for all other seniors.(3)The triple aim of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and Medicaid expansion is improved population health, better experience of care, and lower per capita health care costs.(4)Dementia care management has been proven, through peer-reviewed, evidence-based research, to achieve all three aims.(b)The State Department of Public Health shall convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system, including, but not limited to, changes in the federal Patient Protection and Affordable Care Act (Public Law 111-148), Medicaid, and Medicare. In updating the guidelines, the workgroup may draw on evidence-based, peer-reviewed research and lessons learned from demonstration and pilot projects.(c)The workgroup shall consist of members determined by the department. It may include multidisciplinary experts in Alzheimers disease detection, diagnosis, treatment, and support.(d)The department shall submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017. This report shall be submitted in compliance with Section 9795 of the Government Code.(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

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

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

SECTION 1. Article 12 (commencing with Section 19349) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read: Article 12. Marketing and Advertising19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.19349.6. This article does not apply to any noncommercial speech.

SECTION 1. Article 12 (commencing with Section 19349) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read:

### SECTION 1.

 Article 12. Marketing and Advertising19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.19349.6. This article does not apply to any noncommercial speech.

 Article 12. Marketing and Advertising19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.19349.6. This article does not apply to any noncommercial speech.

 Article 12. Marketing and Advertising

 Article 12. Marketing and Advertising

19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.



19349. (a) Except as provided in subdivision (b), medical cannabis and medical cannabis products shall not be advertised or sold on the Internet.

(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase medical cannabis or medical cannabis products over the Internet.

19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.



19349.5. (a) Except as provided in subdivision (b), a licensee shall not advertise medical cannabis or medical cannabis products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.

(b) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.

19349.6. This article does not apply to any noncommercial speech.



19349.6. This article does not apply to any noncommercial speech.

SEC. 2. Section 26151 of the Business and Professions Code is amended to read:26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.

SEC. 2. Section 26151 of the Business and Professions Code is amended to read:

### SEC. 2.

26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.

26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.

26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.(c)(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.(d)(e) All advertising shall be truthful and appropriately substantiated.



26151. (a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.

(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) (1) Except as provided in paragraph (2), a licensee shall not advertise marijuana or marijuana products through the use of branded merchandise, including, but not limited to, clothing, hats, or other merchandise with the name or logo of the product.

(2) A licensee may distribute branded merchandise with the companys logo, only if different from the name or logo of its product, at an industry trade show or other similar venue where the attendees are required to be 21 years of age or older.

(c)



(d) 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 prior to engaging in such that communication or dialogue controlled by the licensee. For purposes of this section, such that method of age affirmation may include user confirmation, birth date disclosure, or other similar registration method.

(d)



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

SEC. 3. Section 26151.5 is added to the Business and Professions Code, to read:26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.

SEC. 3. Section 26151.5 is added to the Business and Professions Code, to read:

### SEC. 3.

26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.

26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.

26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.



26151.5. (a) Except as provided in subdivision (b), marijuana and marijuana products shall not be advertised or sold on the Internet.

(b) A licensee may maintain an informational Internet Web site for its company, but it may not include product advertising or provide the ability to purchase marijuana or marijuana products over the Internet.

SEC. 4. The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

SEC. 4. The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

SEC. 4. The Legislature finds and declares that this measure furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

### SEC. 4.





(a)The Legislature finds and declares all of the following:



(1)It is estimated that there are between 60,000 and 85,000 people with dementia in Californias Coordinated Care Initiative.



(2)Average per person Medicaid spending for seniors who are dually eligible for Medicare and who have Alzheimers disease and other dementias is 19 times higher than average per person Medicaid spending for all other seniors.



(3)The triple aim of the federal Patient Protection and Affordable Care Act (Public Law 111-148) and Medicaid expansion is improved population health, better experience of care, and lower per capita health care costs.



(4)Dementia care management has been proven, through peer-reviewed, evidence-based research, to achieve all three aims.



(b)The State Department of Public Health shall convene a workgroup to update the 2008 Guidelines for Alzheimers Disease Management in California to address changes in the health care system, including, but not limited to, changes in the federal Patient Protection and Affordable Care Act (Public Law 111-148), Medicaid, and Medicare. In updating the guidelines, the workgroup may draw on evidence-based, peer-reviewed research and lessons learned from demonstration and pilot projects.



(c)The workgroup shall consist of members determined by the department. It may include multidisciplinary experts in Alzheimers disease detection, diagnosis, treatment, and support.



(d)The department shall submit a report of the updates and recommendations from the working group to the Legislature on or before March 1, 2017. This report shall be submitted in compliance with Section 9795 of the Government Code.



(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.