New laws in California target illegal cannabis sales.
Illegal cannabis dealers in California will now face tougher penalties and fines, thanks to new legislation signed into law by Governor Gavin Newsom. These three new laws, known as Assembly Bills 1684, 1126, and 1171, will come into effect on January 1, 2024.
Assembly Bill 1126, also known as the “Cannabis: citation and fine” law, authored by Assemblyman Tom Lackey, aims to crack down on unlicensed cannabis dealers who use the universal cannabis symbol, which is required for licensed cannabis businesses. Under this law, the use or possession of any item featuring the universal symbol will be considered a separate offense, and these items can be seized and forfeited by the California Department of Tax and Fee Administration or the police.
The new law also requires anyone using or possessing the universal symbol in connection with cannabis commercial activity to maintain and produce records proving compliance with the law. This measure is crucial for ensuring consumer safety, as unlicensed cannabis products can pose significant health risks.
According to a bill analysis, the increase in emergency department visits related to cannabis vaping products in 2019 was largely due to untested and unlicensed manufactured cannabis products. To combat this issue, Assembly Bill 1126 aims to make fraudulent use of the universal symbol a crime and enhance consumer confidence in legal cannabis products.
Assembly Bill 1171, known as the “Cannabis: private right of action” law, authored by Assemblywoman Blanca Rubio, grants legal cannabis dealers licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act the right to sue anyone engaging in cannabis business without a license. Licensed dealers who prevail in court can recover damages and attorney’s fees, with statutory damages capped at $75,000.
Assembly Bill 1684, also known as the “Local ordinances: fines and penalties: cannabis” law, authored by Assemblyman Brian Maienschein, empowers local jurisdictions to impose fines on illegal cannabis businesses and declare such activities a public nuisance. The law prohibits fines exceeding $1,000 per violation or $10,000 per day on property owners and businesses engaged in illegal commercial cannabis activity.
These new laws aim to address the significant issue of illegal cannabis operations in California. The state’s Attorney General, Rob Bonta, supports these measures, stating that they will have a deterrent effect on unlicensed cannabis activity. Bonta also highlighted the success of the state’s Campaign Against Marijuana Planting (CAMP) program, which has eradicated millions of illegally cultivated cannabis plants and seized illegal marijuana.
In addition to these laws, California has enacted other legislation to regulate the cannabis industry. Senate Bill 756 grants water control boards more authority to investigate cannabis farms regarding water contamination and environmental destruction. Assembly Bill 2188 prohibits employers from discriminating against employees for off-duty cannabis use, while another law prohibits employers from asking about prior cannabis use.
These new laws and regulations aim to protect consumers, promote public safety, and ensure the viability of the legal cannabis market in California.
How does Assembly Bill 1171 address the issue of illegal sales and distribution of cannabis products and promote a fair industry
Strengthen regulations and deter unlicensed dealers from operating in the cannabis market. By imposing tougher penalties and fines, this law aims to discourage illegal activity and ensure the safety of consumers.
Assembly Bill 1684, known as the “Cannabis: tax stamp” law, authored by Assemblyman Evan Low, targets unlicensed cannabis dealers who evade paying taxes on their sales. Under this law, any person who possesses or sells cannabis without the required state tax stamp will be subject to penalties and fines. This measure aims to tackle tax evasion and promote a fair and regulated cannabis market in California.
Lastly, Assembly Bill 1171, also known as the “Cannabis: illegal sales” law, authored by Assemblyman Reggie Jones-Sawyer, addresses the issue of illegal sales and distribution of cannabis products. This law provides enforcement agencies with the authority to take action against unlicensed entities involved in illegal cannabis sales. It also streamlines the process of revoking licenses for those who engage in unlawful activities.
The implementation of these three new laws brings hope for a safer and more regulated cannabis market in California. By targeting unlicensed cannabis dealers, the state aims to protect consumers from potentially harmful and untested products. Additionally, cracking down on tax evasion and illegal sales will ensure a fair and transparent industry, benefiting both licensed businesses and the overall economy.
It is crucial for individuals, businesses, and law enforcement agencies to familiarize themselves with these new laws to ensure compliance and contribute to the success of the regulated cannabis market. The January 2024 effective date provides sufficient time for stakeholders to adjust and prepare for the changes.
In conclusion, the new legislation signed into law by Governor Gavin Newsom serves as a significant step forward in combating illegal cannabis activities in California. With the implementation of Assembly Bills 1684, 1126, and 1171, the state aims to enforce stricter penalties and fines on unlicensed cannabis dealers, strengthening regulations, promoting consumer safety, and creating a fair and transparent industry. It is hoped that this legislation will contribute to a thriving and well-regulated cannabis market in the years to come.
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