California 2023-2024 Regular Session

California Assembly Bill AB351

Introduced
1/31/23  
Refer
3/23/23  
Introduced
1/31/23  
Introduced
1/31/23  
Refer
3/23/23  
Refer
3/27/23  
Report Pass
3/23/23  
Report Pass
4/18/23  
Refer
3/27/23  
Report Pass
4/18/23  
Refer
5/3/23  
Refer
4/18/23  
Failed
2/1/24  
Refer
5/3/23  

Caption

Cannabis: license transfers.

Impact

The enactment of AB351 is anticipated to streamline the process for existing cannabis businesses to transfer licenses, thereby providing greater flexibility in the industry. This change could benefit licensees looking to sell or assign their licenses, fostering a more dynamic market environment. The measure also reinforces regulatory consistency, allowing the Department of Cannabis Control to exercise unified oversight over licensing processes, which could lead to improved compliance and administration across the state.

Summary

AB351, introduced by Assembly Member Chen, seeks to amend Section 26012 of the Business and Professions Code to facilitate the transfer of cannabis licenses in California. The bill empowers the Department of Cannabis Control to transfer licenses from one licensee to another, in alignment with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This amendment is positioned as furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which was established by California voters in 2016 to regulate the adult-use cannabis market.

Sentiment

General sentiment towards AB351 appears to be largely positive among stakeholders in the cannabis industry who view it as a necessary step to adapt to the evolving commercial landscape. Proponents argue that allowing license transfers is essential for business continuity and market competitiveness. However, there are concerns that expanding the administrative powers of the Department of Cannabis Control could lead to bureaucratic hurdles for smaller operators if not managed carefully.

Contention

Notable points of contention surrounding AB351 include the balance of power between state regulations and local ordinances. Some advocates for local control express apprehension that centralized authority may undermine specific community regulations designed to address local concerns. Critics argue that while the bill aims to facilitate easier license transfers, it may inadvertently prioritize larger commercial entities at the expense of smaller, community-based operations. The legislative conversation underscores the broader debate around the autonomy of local jurisdictions in regulating cannabis activities.

Companion Bills

No companion bills found.

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