California 2017-2018 Regular Session Status: In Committee

AB 2866 — Cannabis regulation.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative statute 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. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. Existing law, as part of AUMA, requires all advertisements and marketing relating to the sale of cannabis or cannabis products, as specified, to accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee's license number. This bill would make a violation of that requirement by a cannabis-related business licensee, or by a licensed or unlicensed cannabis-related business using a fictitious license number, subject to a civil penalty of $10,000 per incident, but would require a business to be provided 48 hours to correct its first violation prior to being subject to the civil penalty. The bill would continuously appropriate the funds from these civil penalties to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. The bill would declare that these provisions further the purposes and intent of AUMA. (2) Existing law prohibits a person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, from knowingly renting, leasing, or making available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution, punishable by imprisonment in a county jail for not more than one year, or by imprisonment in a county jail for 16 months, or 2 or 3 years. Under existing law, cannabis is a Schedule I controlled substance. Except as provided by law, existing law makes it a crime to transport, import, sell, furnish, administer, or give away any cannabis. Existing law makes all moneys, negotiable instruments, or securities used or intended to be used to facilitate a violation of this provision subject to forfeiture. This bill would, in addition to any other penalty, if the controlled substance is cannabis that is being sold or distributed in violation of state or local law, require that any excessive profits, as defined, obtained from the use of a building, room, space, or enclosure in violation of the above specified law, be subject to seizure. The bill would appropriate funds seized to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. By increasing the punishment for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Re-referred to Com. on PUB. S.

  3. Read second time and amended.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. (Ayes 13. Noes 0.) (April 17).

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

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

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

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

  9. Referred to Coms. on B. & P. and PUB. S.

  10. From printer. May be heard in committee March 19.

  11. Read first time. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Do pass as amended and be re-referred to the Committee on [Public Safety]

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democratic 4000
Republican 1000
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Brough — Not Voting
Mullin — Yea
Eggman — Not Voting
Holden — Yea
Fong — Not Voting
Low — Yea
Baker — Yea
Bloom — Yea
Chiu — Yea
Cunningham — Yea
Ting — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

public-safety taxation labor
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Frequently asked questions

What does AB 2866 do?
(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative statute 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. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. Existing law, as part of AUMA, requires all advertisements and marketing relating to the sale of cannabis or cannabis products, as specified, to accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee's license number. This bill would make a violation of that requirement by a cannabis-related business licensee, or by a licensed or unlicensed cannabis-related business using a fictitious license number, subject to a civil penalty of $10,000 per incident, but would require a business to be provided 48 hours to correct its first violation prior to being subject to the civil penalty. The bill would continuously appropriate the funds from these civil penalties to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. The bill would declare that these provisions further the purposes and intent of AUMA. (2) Existing law prohibits a person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, from knowingly renting, leasing, or making available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution, punishable by imprisonment in a county jail for not more than one year, or by imprisonment in a county jail for 16 months, or 2 or 3 years. Under existing law, cannabis is a Schedule I controlled substance. Except as provided by law, existing law makes it a crime to transport, import, sell, furnish, administer, or give away any cannabis. Existing law makes all moneys, negotiable instruments, or securities used or intended to be used to facilitate a violation of this provision subject to forfeiture. This bill would, in addition to any other penalty, if the controlled substance is cannabis that is being sold or distributed in violation of state or local law, require that any excessive profits, as defined, obtained from the use of a building, room, space, or enclosure in violation of the above specified law, be subject to seizure. The bill would appropriate funds seized to the Board of State and Community Corrections to provide grants to cities, counties, and cities and counties to fund cannabis control officers, as provided, thereby making an appropriation. By increasing the punishment for a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2866?
AB 2866 is sponsored by Cooper.
What is the current status of AB 2866?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 2866?
Track AB 2866 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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