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| 1 | + | Amended IN Assembly July 12, 2017 Amended IN Assembly June 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 663Introduced by Senator NielsenFebruary 17, 2017 An act to add Section 26123 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 663, as amended, 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 people 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 marijuana. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26123 is added to the Business and Professions Code, to read:26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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.SEC. 2. 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly July 12, 2017 Amended IN Assembly June 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 663Introduced by Senator NielsenFebruary 17, 2017 An act to add Section 26123 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 663, as amended, 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 people 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 marijuana. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly July 12, 2017 Amended IN Assembly June 29, 2017 | |
| 6 | 6 | ||
| 7 | - | Enrolled August 25, 2017 | |
| 8 | - | Passed IN Senate August 24, 2017 | |
| 9 | - | Passed IN Assembly July 17, 2017 | |
| 10 | 7 | Amended IN Assembly July 12, 2017 | |
| 11 | 8 | Amended IN Assembly June 29, 2017 | |
| 12 | 9 | ||
| 13 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 14 | 11 | ||
| 15 | 12 | Senate Bill No. 663 | |
| 16 | 13 | ||
| 17 | 14 | Introduced by Senator NielsenFebruary 17, 2017 | |
| 18 | 15 | ||
| 19 | 16 | Introduced by Senator Nielsen | |
| 20 | 17 | February 17, 2017 | |
| 21 | 18 | ||
| 22 | 19 | An act to add Section 26123 to the Business and Professions Code, relating to cannabis. | |
| 23 | 20 | ||
| 24 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 22 | ||
| 26 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 24 | ||
| 28 | - | SB 663, Nielsen. Packages and labels of cannabis or cannabis products: children. | |
| 25 | + | SB 663, as amended, Nielsen. Packages and labels of cannabis or cannabis products: children. | |
| 29 | 26 | ||
| 30 | - | (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 | |
| 27 | + | (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 people 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 marijuana. (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. | |
| 31 | 28 | ||
| 32 | - | (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 | |
| 29 | + | (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 people 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. | |
| 33 | 30 | ||
| 34 | - | 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 | |
| 31 | + | 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 marijuana. | |
| 35 | 32 | ||
| 36 | 33 | (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. | |
| 37 | 34 | ||
| 38 | 35 | 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. | |
| 39 | 36 | ||
| 40 | 37 | ## Digest Key | |
| 41 | 38 | ||
| 42 | 39 | ## Bill Text | |
| 43 | 40 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. Section 26123 is added to the Business and Professions Code, to read:26123. (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.SEC. 2. 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. | |
| 41 | + | The people of the State of California do enact as follows:SECTION 1. Section 26123 is added to the Business and Professions Code, to read:26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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.SEC. 2. 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. | |
| 45 | 42 | ||
| 46 | 43 | The people of the State of California do enact as follows: | |
| 47 | 44 | ||
| 48 | 45 | ## The people of the State of California do enact as follows: | |
| 49 | 46 | ||
| 50 | - | SECTION 1. Section 26123 is added to the Business and Professions Code, to read:26123. (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. | |
| 47 | + | SECTION 1. Section 26123 is added to the Business and Professions Code, to read:26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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. | |
| 51 | 48 | ||
| 52 | 49 | SECTION 1. Section 26123 is added to the Business and Professions Code, to read: | |
| 53 | 50 | ||
| 54 | 51 | ### SECTION 1. | |
| 55 | 52 | ||
| 56 | - | 26123. (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. | |
| 53 | + | 26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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. | |
| 57 | 54 | ||
| 58 | - | 26123. (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. | |
| 55 | + | 26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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. | |
| 59 | 56 | ||
| 60 | - | 26123. (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. | |
| 57 | + | 26123. (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) Resembles 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.(3)(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.(4)(5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age.(5)(6) Displays a name or slogan that would reasonably make the package or label attractive 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. | |
| 61 | 58 | ||
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | 26123. (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: | |
| 65 | 62 | ||
| 66 | 63 | (1) Displays the contents of the package through transparent material. | |
| 67 | 64 | ||
| 68 | - | (2) Displays a name that resembles the name of a candy, snack food, baked good, or beverage commercially sold without cannabis. | |
| 65 | + | (2) Resembles Displays a name that resembles the name of a candy, snack food, baked good, or beverage commercially sold without cannabis. | |
| 69 | 66 | ||
| 70 | 67 | (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. | |
| 71 | 68 | ||
| 69 | + | (3) | |
| 70 | + | ||
| 71 | + | ||
| 72 | + | ||
| 72 | 73 | (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. | |
| 73 | 74 | ||
| 74 | - | ( | |
| 75 | + | (4) | |
| 75 | 76 | ||
| 76 | - | (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. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | (5) Displays a cartoon, logo, color scheme, image, graphic, or design feature that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age. | |
| 80 | + | ||
| 81 | + | (5) | |
| 82 | + | ||
| 83 | + | ||
| 84 | + | ||
| 85 | + | (6) Displays a name or slogan that would reasonably make the package or label attractive appeal primarily to a natural person under 21 years of age. | |
| 77 | 86 | ||
| 78 | 87 | (b) This section does not establish an exclusive list of the characteristics that make a package or label attractive to children. | |
| 79 | 88 | ||
| 80 | 89 | SEC. 2. 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. | |
| 81 | 90 | ||
| 82 | 91 | SEC. 2. 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. | |
| 83 | 92 | ||
| 84 | 93 | SEC. 2. 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. | |
| 85 | 94 | ||
| 86 | 95 | ### SEC. 2. |