California 2019-2020 Regular Session

California Senate Bill SB692 Compare Versions

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1-Amended IN Senate January 15, 2020 Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 692Introduced by Senator SkinnerFebruary 22, 2019An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 692, as amended, Skinner. Cannabis: trade samples.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, 2022, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
1+Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 692Introduced by Senator SkinnerFebruary 22, 2019An act to amend Section 25249.6 of the Health and Safety Code, relating to toxic substances. An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 692, as amended, Skinner. Proposition 65: publication of lists. Cannabis: trade samples.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest.This bill would instead make the above prohibition applicable to any business or person.Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes.This bill would find and declare that it furthers the purposes of Proposition 65. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.SECTION 1.Section 25249.6 of the Health and Safety Code is amended to read:25249.6.Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No business or person shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to that individual, except as provided in Section 25249.10.SEC. 2.The Legislature finds and declares that this act furthers the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code).
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3- Amended IN Senate January 15, 2020 Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 692Introduced by Senator SkinnerFebruary 22, 2019An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 692, as amended, Skinner. Cannabis: trade samples.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, 2022, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 692Introduced by Senator SkinnerFebruary 22, 2019An act to amend Section 25249.6 of the Health and Safety Code, relating to toxic substances. An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 692, as amended, Skinner. Proposition 65: publication of lists. Cannabis: trade samples.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest.This bill would instead make the above prohibition applicable to any business or person.Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes.This bill would find and declare that it furthers the purposes of Proposition 65. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Amended IN Senate January 15, 2020 Amended IN Senate January 06, 2020
5+ Amended IN Senate January 06, 2020
66
7-Amended IN Senate January 15, 2020
87 Amended IN Senate January 06, 2020
98
109 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1110
1211 Senate Bill
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1413 No. 692
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1615 Introduced by Senator SkinnerFebruary 22, 2019
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1817 Introduced by Senator Skinner
1918 February 22, 2019
2019
21-An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.
20+An act to amend Section 25249.6 of the Health and Safety Code, relating to toxic substances. An act to add Section 26153.1 to the Business and Professions Code, relating to cannabis.
2221
2322 LEGISLATIVE COUNSEL'S DIGEST
2423
2524 ## LEGISLATIVE COUNSEL'S DIGEST
2625
27-SB 692, as amended, Skinner. Cannabis: trade samples.
26+SB 692, as amended, Skinner. Proposition 65: publication of lists. Cannabis: trade samples.
2827
29-The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, 2022, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.
28+The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.This bill, on January 1, 2021, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further specified purposes and intent of AUMA.The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest.This bill would instead make the above prohibition applicable to any business or person.Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes.This bill would find and declare that it furthers the purposes of Proposition 65.
3029
3130 The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. AUMA also prohibits a licensee from giving away any amount of cannabis or cannabis product as part of a business promotion or other commercial activity.
3231
33-This bill, on January 1, 2021, 2022, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.
32+This bill, on January 1, 2021, or upon the effective date of specified regulations by the bureau, whichever occurs first, would allow a licensee authorized to engage in distribution or retail sales of cannabis to designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee and would impose specific requirements on the licensee making the designation. The bill would prohibit the sale or donation of cannabis or a cannabis product that is designated a trade sample, but would allow those trade samples to be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to specified requirements, including that a trade sample be given only for specified purposes. The bill would also require trade samples given to another licensee to be recorded in the track and trace system and would require a licensee to maintain records of cannabis trade samples given to employees. The bill would require the bureau to establish by regulation a definition of trade sample, the quantity of cannabis and cannabis goods that a licensee is authorized to designate as a trade sample, and any other provisions necessary to implement the provisions of this bill.
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3534 MAUCRSA provides that cannabis batches are subject to quality assurance and testing prior to sale at a retailer, microbusiness, or specified nonprofit, except as provided.
3635
3736 This bill would require cannabis or cannabis products designated as a trade sample to be subject to quality assurance and testing.
3837
3938 AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
4039
4140 This bill would declare that its provisions further specified purposes and intent of AUMA.
4241
42+The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest.
43+
44+
45+
46+This bill would instead make the above prohibition applicable to any business or person.
47+
48+
49+
50+Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes.
51+
52+
53+
54+This bill would find and declare that it furthers the purposes of Proposition 65.
55+
56+
57+
4358 ## Digest Key
4459
4560 ## Bill Text
4661
47-The people of the State of California do enact as follows:SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
62+The people of the State of California do enact as follows:SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.SECTION 1.Section 25249.6 of the Health and Safety Code is amended to read:25249.6.Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No business or person shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to that individual, except as provided in Section 25249.10.SEC. 2.The Legislature finds and declares that this act furthers the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code).
4863
4964 The people of the State of California do enact as follows:
5065
5166 ## The people of the State of California do enact as follows:
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53-SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
68+SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
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5570 SECTION 1. Section 26153.1 is added to the Business and Professions Code, to read:
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5772 ### SECTION 1.
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59-26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
74+26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
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61-26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
76+26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
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63-26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
78+26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.(b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:(1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.(2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.(c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.(d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.(e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:(1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.(2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.(3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.(f) Cannabis or cannabis products shall not be given to a retail customer.(g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.(h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
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67-26153.1. (a) On January 1, 2021, 2022, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.
82+26153.1. (a) On January 1, 2021, or upon the effective date of regulations by the bureau pursuant to subdivision (g), whichever occurs first, a licensee authorized to engage in distribution or retail sales of cannabis may designate cannabis or a cannabis product as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.
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6984 (b) Upon the designation of the cannabis or cannabis product as a trade sample, the licensee shall do both of the following:
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7186 (1) Record the associated quantity, product type, and unique identifiers of the cannabis or cannabis product into the track and trace program established pursuant to Section 26067.
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7388 (2) Label the cannabis or cannabis product with the following: TRADE SAMPLE. NOT FOR RESALE OR DONATION.
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7590 (c) Cannabis or cannabis products designated as a trade sample shall only be transported between licensees by an employee of a licensed distributor or microbusiness.
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7792 (d) Cannabis or cannabis products designated as a trade sample shall not be sold or donated by any licensee.
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7994 (e) Notwithstanding Section 26153, cannabis or cannabis products designated as a trade sample may be given for no consideration to an employee of the licensee that designated the trade sample or to a licensee authorized to engage in distribution or retail sales of cannabis, subject to all the following requirements:
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8196 (1) A trade sample shall only be given for the purposes of educating and informing licensees and their employees about new or existing cannabis or cannabis products.
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8398 (2) Cannabis or cannabis products designated as a trade sample given to another licensee shall be recorded in the track and trace system pursuant to Section 26067.
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85100 (3) A licensee shall maintain records of cannabis or cannabis products designated as a trade sample that are given to employees.
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87102 (f) Cannabis or cannabis products shall not be given to a retail customer.
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89104 (g) The bureau shall establish by regulation a definition of trade sample, the quantity of cannabis and cannabis products that a licensee may designate as trade samples, and any other provisions necessary to implement this section.
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91106 (h) Cannabis or cannabis products designated as a trade sample shall be subject to quality assurance and testing pursuant to Section 26110.
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93108 SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
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95110 SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
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97112 SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
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99114 ### SEC. 2.
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120+Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No business or person shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to that individual, except as provided in Section 25249.10.
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126+The Legislature finds and declares that this act furthers the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code).