California 2021-2022 Regular Session Status: Passed Assembly 1 R cosponsors

AB 2728 — Unlawful cannabis activity: penalties.

Last action — From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 20). Re-referred to Com. on JUD.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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, including retail commercial cannabis activity. 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. Under existing law, a person engaging in commercial cannabis activity without a license is subject to a civil penalty of up to 3 times the amount of the license fee for each violation. Under existing law, each day of operation without a license is a separate violation. This bill would increase the civil penalty to 4 times the amount of the license fee. The bill would require the Department of Cannabis Control to waive the civil penalty if the unlicensed person, within 10 business days of issuance of the civil penalty, submits payment equal to the original license fee and all accompanying documentation. 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. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

Bill Text

Action History

  1. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 20). Re-referred to Com. on JUD.

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

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

  4. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 4747.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 13. Noes 0.) (May 4).

  7. Re-referred to Com. on APPR.

  8. Read second time and amended.

  9. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 19).

  10. From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (April 5). Re-referred to Com. on JUD.

  11. Referred to Coms. on B. & P. and JUD.

  12. From printer. May be heard in committee March 21.

  13. Introduced. To print.

Sponsors

  • Smith · Primary
  • Megan Dahle · Cosponsor
  • Mathis · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • Smith

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

[First] hearing set for [06-29-2022]: Failed passage in Committee. Reconsideration granted

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 1000
Unaffiliated 2001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Wieckowski — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Failed 3 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 1000
Democratic 2104
Unaffiliated 0102
Total 3206
% of votes cast 27%18%0%55%
How each member voted (11)
Member Party Vote
Hertzberg — Nay
Wieckowski — Not Voting
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Not Voting
Durazo, Maria Elena Democratic Not Voting
McGuire, Mike Democratic Not Voting
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2001
Republican 2000
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Leyva — Yea
Pan — Yea
Eggman — Yea
Dodd — Yea
Roth — Yea
Bates — Yea
Melendez — Yea
Min — Yea
Newman — Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 2728 Smith Assembly Third Reading

Passed 66 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 24006
Unaffiliated 33006
Republican 9000
Total 660012
% of votes cast 85%0%0%15%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Ting — Yea
Low — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Maienschein — Not Voting
Nazarian — Not Voting
Medina — Not Voting
McCarty — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 5002
Unaffiliated 5001
Republican 3000
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

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

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 5000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Kiley — Yea
Cunningham — Yea
Maienschein — Yea
Holden — Not Voting
Jim Patterson — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Republican 3000
Democratic 5002
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Bloom — Yea
Mullin — Yea
Cunningham — Yea
Ting — Yea
Medina — Yea
Salas — Yea
McCarty — Not Voting
Vince Fong — Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Lee, Alex Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

public-safety taxation civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2728 do?
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, including retail commercial cannabis activity. 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. Under existing law, a person engaging in commercial cannabis activity without a license is subject to a civil penalty of up to 3 times the amount of the license fee for each violation. Under existing law, each day of operation without a license is a separate violation. This bill would increase the civil penalty to 4 times the amount of the license fee. The bill would require the Department of Cannabis Control to waive the civil penalty if the unlicensed person, within 10 business days of issuance of the civil penalty, submits payment equal to the original license fee and all accompanying documentation. 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. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Who sponsors AB 2728?
AB 2728 is sponsored by Smith, Dahle, Megan (Republican), and Mathis.
What is the current status of AB 2728?
This bill died with 2021-2022 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 2728?
Track AB 2728 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2728

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2728

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →