CA SB 1498

Title: Cannabis: advertising: civil action.
Author: Angelique V. Ashby

Summary
SB 1498, as amended, Ashby. Cannabis: advertising: civil action. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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. 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. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products. Existing law requires all civil penalties imposed and collected by a court in actions brought for violations of MAUCRSA to be deposited into the General Fund, except as provided.Existing law places various advertising and marketing restrictions on licensees, including prohibiting a licensee from publishing or disseminating advertising or marketing that is attractive to children, and from advertising or marketing cannabis or cannabis products in a manner intended to encourage underage consumption or on an advertising sign within 1,000 feet of a daycare center, school, or youth center. Existing law also prohibits a licensee from advertising or marketing on a billboard or similar advertising device located on an interstate highway or on a state highway that crosses the California border.This bill would authorize the Attorney General, a district attorney, a city attorney, or a county counsel to bring and maintain an action to redress a violation of the above-described advertising and marketing restrictions. The bill would require the Attorney General, a district attorney, a city attorney, or a county counsel who prevails in an action to be awarded injunctive relief and would authorize them to be awarded reasonable attorney’s fees and costs and civil penalties of not more than $5,000 per violation, as specified. The bill would require civil penalties awarded in an action to be distributed pursuant to existing law provisions referenced above. The bill would prohibit a defendant from being subject to more than one action in connection with the same, or substantially similar, advertising or marketing, except as provided. The bill would prohibit these provisions from being construed to limit or otherwise alter, in any way, any other authority conferred by law upon the Attorney General, the department, or any other state or local officer or agency, as specified.

Status
Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA SB 1498 - 04/30/24 - Amended Senate
04/30/24 - CA SB 1498 (04/30/24 - Amended Senate)