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The State of California Regular Legislative session entered an interim recess on September 14. October 14 is the last day for the Governor to sign or veto bills. The State of California First Extraordinary Legislative session will convene January 3, 2024. This post reflects legislative updates as of September 14, 2023; therefore things may have changed.
CTPP educational resources and webpage material will be updated over the coming weeks to reflect changes in state law.
AB 935: Tobacco sales: flavored tobacco ban (Connolly): Initially proposed as a bill to implement a phased tobacco ban for Californians born after a certain date, this bill was amended in the Assembly Health Committee on April 11 and now instead adds enforcement language to California’s statewide flavored tobacco ban (SB 793). Specifically, the bill proposes to make the provisions of the flavored tobacco ban punishable by civil penalties similar in manner to the Stop Tobacco Access to Kids Enforcement (STAKE) Act. All moneys collected as civil penalties by the department or by any other state agency or department pursuant to this section shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Control Account, except the moneys collected from civil penalties for the third, fourth, or fifth violation, which shall be deposited in the Cigarette and Tobacco Products Compliance Fund and made available to CDTFA. Primary enforcement of the STAKE Act is the responsibility of the State of California Department of Public Health (CDPH) and the state attorney general’s office. See existing law for specifics of STAKE Act. (California Business and Professions Code § 22950 – 22964).
Status: Amended September 8, passed both chambers, to engrossing and enrolling September 13.
Senate Bill (SB) 626: Smoking in the workplace: transient lodging establishments (Rubio): This bill would eliminate the existing exemption in state law that permits hotels and motels to allow smoking in up to 20% of guestroom accommodations, thereby making it illegal to smoke in 100% of all hotel and motel guestrooms and transient lodging establishment.
Status: Signed. Effective January 1, 2024.
The following cannabis-related bills may be of interest as well:
AB 374: Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products. (Haney): This bill would authorize a local jurisdiction to allow a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed, to sell prepackaged, noncannabis-infused, nonalcoholic food and beverages, and to sell tickets for live musical or other performances on the premises. The bill was amended to specify that these provisions do not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided.
Status: Passed both chambers, enrolled September 12.
AB 1207 Cannabis: Labeling and Advertising (Irwin): This bill would prohibit the sale, distribution, advertisement, marketing, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children. Recent amendments include the addition of several definitions as well as the provision that this bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by AB 152 and SB 152 to be operative only if this bill and AB 152 or SB 152 are enacted, and this bill is enacted last.
Status: Amended September 8, ordered to third reading in the Senate September 11.
SB 540: Cannabis and cannabis products: health warnings (Laird): This bill would authorize the Department of Cannabis Control (DCC) to reevaluate current cannabis product warning labels to include evolving science. It would also require DCC and CDPH to create an informational sheet or folded brochure that includes steps for safer use of cannabis and post it at the point-of-sale at cannabis microbusinesses and online.
Status: Enrolled September 11.
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For more information, please contact Marilyn Headley, (916) 552-8268
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