California 2017-2018 Regular Session Status: Passed Assembly Bipartisan · 2 D · 1 R cosponsors

AB 76 — Adult-use marijuana: marketing.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The AUMA prohibits any advertising or marketing placed in broadcast, cable, radio, print, and digital communications from being displayed unless at least 71.6% of the audience is reasonably expected to be 21 years of age or older. This bill would prohibit an operator, as defined, of an Internet Web site, online service, online application, or mobile application from marketing or advertising any marijuana, marijuana product, or marijuana business to a person who is under 21 years of age if the operator has actual knowledge that a person under 21 years of age is using its Internet Web site, online service, online application, or mobile application, and if the marketing or advertising is specifically directed to that person based upon information specific to that person, including, but not limited to, the person's profile, activity, address, or location. The bill would prohibit an operator of an Internet Web site, online service, online application, or mobile application from knowingly using, disclosing, compiling, or allowing a third party to use, disclose, or compile, the personal information of a person under 21 years of age with the actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising marijuana, marijuana products, or marijuana businesses to that person under 21 years of age. Existing law prohibits an operator of an Internet Web site, online service, online application, or mobile application directed to minors from marketing or advertising certain products or services, including any instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or any controlled substance. This bill would additionally prohibit an operator of an Internet Web site, online service, online application, or mobile application directed to minors, from marketing or advertising any marijuana, marijuana product, marijuana business, or marijuana-related instrument or paraphernalia on its Internet Web site, online service, online application, or mobile application. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 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.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on JUD.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  7. Referred to Coms. on B., P. & E.D. and JUD.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1890.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 17. Noes 0.) (May 26).

  12. In committee: Set, first hearing. Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 25). Re-referred to Com. on APPR.

  14. Coauthors revised.

  15. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 15. Noes 0.) (April 18). Re-referred to Com. on P. & C.P.

  16. Re-referred to Com. on B. & P.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  18. Referred to Coms. on B. & P. and P. & C.P.

  19. From printer. May be heard in committee February 4.

  20. Read first time. To print.

Sponsors

  • Bocanegra · Cosponsor
  • Chau · Primary
  • Cooley · Cosponsor
  • Gloria · Cosponsor
  • Tom Lackey · Cosponsor
  • Wood · Cosponsor
  • Mia Bonta · Cosponsor
  • Robert Garcia · Cosponsor

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

  • Chau

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 76 CHAU Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 55002
Democratic 16000
Republican 6001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Voepel — Yea
Wood — Yea
Eggman — Not Voting
Salas — Yea
Burke — Yea
Gray — Yea
Bocanegra — Yea
Frazier — Yea
Rubio — Yea
Gomez — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Maienschein — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
McCarty — Yea
Melendez — Not Voting
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Mayes — Yea
Medina — Yea
Gonzalez Fletcher — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Cooley — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
McCarty — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Gray — Yea
Bocanegra — Yea
Quirk — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does AB 76 do?
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The AUMA prohibits any advertising or marketing placed in broadcast, cable, radio, print, and digital communications from being displayed unless at least 71.6% of the audience is reasonably expected to be 21 years of age or older. This bill would prohibit an operator, as defined, of an Internet Web site, online service, online application, or mobile application from marketing or advertising any marijuana, marijuana product, or marijuana business to a person who is under 21 years of age if the operator has actual knowledge that a person under 21 years of age is using its Internet Web site, online service, online application, or mobile application, and if the marketing or advertising is specifically directed to that person based upon information specific to that person, including, but not limited to, the person's profile, activity, address, or location. The bill would prohibit an operator of an Internet Web site, online service, online application, or mobile application from knowingly using, disclosing, compiling, or allowing a third party to use, disclose, or compile, the personal information of a person under 21 years of age with the actual knowledge that the use, disclosure, or compilation is for the purpose of marketing or advertising marijuana, marijuana products, or marijuana businesses to that person under 21 years of age. Existing law prohibits an operator of an Internet Web site, online service, online application, or mobile application directed to minors from marketing or advertising certain products or services, including any instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or any controlled substance. This bill would additionally prohibit an operator of an Internet Web site, online service, online application, or mobile application directed to minors, from marketing or advertising any marijuana, marijuana product, marijuana business, or marijuana-related instrument or paraphernalia on its Internet Web site, online service, online application, or mobile application. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 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.
Who sponsors AB 76?
AB 76 is sponsored by Bocanegra, Chau, Cooley, Gloria, Lackey, Tom (Republican), Wood, Bonta, Mia (Democratic), and Garcia, Robert (Democratic).
What is the current status of AB 76?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 76?
Track AB 76 free on One Click Politics — get push/email alerts when it moves.

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