California 2023-2024 Regular Session

California Assembly Bill AB2540 Latest Draft

Bill / Introduced Version Filed 02/13/2024

                            CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2540Introduced by Assembly Member ChenFebruary 13, 2024 An act to amend Section 26012 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2540, as introduced, Chen. Cannabis: license transfers. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent, except as provided.Existing law, 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, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA grants to the department the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity.This bill would also grant to the department the sole authority to transfer, assign, or reassign those licenses. The bill would declare that its provisions further the purpose 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 26012 of the Business and Professions Code is amended to read:26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.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.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2540Introduced by Assembly Member ChenFebruary 13, 2024 An act to amend Section 26012 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2540, as introduced, Chen. Cannabis: license transfers. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent, except as provided.Existing law, 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, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA grants to the department the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity.This bill would also grant to the department the sole authority to transfer, assign, or reassign those licenses. The bill would declare that its provisions further the purpose and intent of AUMA.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2540

Introduced by Assembly Member ChenFebruary 13, 2024

Introduced by Assembly Member Chen
February 13, 2024

 An act to amend Section 26012 of the Business and Professions Code, relating to cannabis. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2540, as introduced, Chen. Cannabis: license transfers.

 Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent, except as provided.Existing law, 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, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA grants to the department the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity.This bill would also grant to the department the sole authority to transfer, assign, or reassign those licenses. The bill would declare that its provisions further the purpose and intent of AUMA.

 Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent, except as provided.

Existing law, 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, and requires the Department of Cannabis Control to administer its provisions. MAUCRSA grants to the department the sole authority to create, issue, deny, renew, discipline, condition, suspend, or revoke licenses for commercial cannabis activity.

This bill would also grant to the department the sole authority to transfer, assign, or reassign those licenses. The bill would declare that its provisions further the purpose and intent of AUMA.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 26012 of the Business and Professions Code is amended to read:26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.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.

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

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

SECTION 1. Section 26012 of the Business and Professions Code is amended to read:26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.

SECTION 1. Section 26012 of the Business and Professions Code is amended to read:

### SECTION 1.

26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.

26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.

26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.



26012. (a) It being a matter of statewide concern, except as otherwise authorized in this division, the department shall have the sole authority to create, issue, deny, renew, discipline, condition, suspend, transfer, assign, reassign, or revoke licenses for commercial cannabis activity.

(b) The department shall have the authority to collect fees in connection with activities it regulates concerning cannabis. The department may create licenses in addition to those identified in this division that the department deems necessary to effectuate its duties under this division.

(c) For the performance of its duties, the department has the power conferred by Sections 11180 to 11191, inclusive, of the Government Code.

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.

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.

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.

### SEC. 2.