Two laws were passed in 2018 related to California’s cannabis industry that go into effect this month (January 2019). Assembly Bill 1793 and AB 3067 are two recent regulations that cannabis entrepreneurs in this growing market need to know about to protect their business interests.
Assembly Bill 1793
This bill adjusts existing legislation related to the identification, review, and notification of anyone who might be able to have a prior cannabis-related conviction dismissed. Under AB1793, the California Department of Justice must comply with a timeline for reviewing records and past convictions for those eligible for a dismissal or re-designation. In addition, there is a deadline of July 1, 2020 by which the DOJ will be automatically required to reduce or dismiss certain cannabis-related charges or convictions.
For your cannabis business, this can have an impact on how/who you hire, the competitive landscape, and the social equity programs available in Los Angeles and other cities.
Assembly Bill 3067
AB 3067 has a more direct impact on your day to day business operations as a cannabis business owner. When Prop 64 was passed, it included protections for individuals under 21 and prevented companies from marketing directly to those underage. However, the provision included a loophole. The regulation restricted marketing on broadcast, cable, radio, print, and digital advertising of cannabis, but not all cannabis products.
AB 3067 adds to this regulation “any cannabis, cannabis product, cannabis business, or any instrument or paraphernalia that is designed for the smoking or ingestion of cannabis to the list of products and services subject to the Privacy Rights for California Minors in the Digital World (PRCMDC).”
Previously using an images of minors under 18 in your marketing was not allowed. Now, images of anyone under the age of 21 are not allowed. Likewise, cannabis operators are not permitted to disclose a minor’s information to a third party for marketing purposes. This makes it harder for advertisers of cannabis and cannabis products to reach internet and app users under the age of 21.
If you have questions about either of these regulations, please get in touch with our experts.