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The California state legislature returned from Summer Recess on August 5. All remaining bills have been heard by their assigned policy committees and now have until August 16 to be heard by fiscal committees (if they have been assigned to the Appropriations Committee due to their cost). After bills are heard by the fiscal committees, they will then move to a floor vote, which will take place the week of August 19-31. Below are the tobacco- and cannabis-related bills that were introduced this year as well as links to the most recent committee analyses for each bill. If you would like legislative updates sent directly to your inbox, create an account at California Legislative Information and track the bills that you are interested in following.
AB 3218 Unflavored Tobacco List (Wood—D, Ukiah)
AB 3218 would require the Attorney General (AG) to establish and maintain a list of tobacco product brand styles that lack a characterizing flavor (the Unflavored Tobacco List (UTL)) by no later than December 31, 2025. This bill would require each manufacturer or importer of tobacco products to submit to the AG a list of all brand styles of tobacco products that they manufacture or import for sale or distribution in or into California and require each manufacture or importer to provide evidence to the AG, under penalty of perjury, that each product is not adulterated or misbranded and does not have a characterizing flavor in order to be placed on the UTL. The AG has authority to review the product submissions and can decline any product they believe is flavored from being added to the UTL. The AG may assess fines and penalties for any product that is falsely submitted as unflavored. This bill also establishes graduated penalties for any distributor that sells tobacco products that are not on the UTL and gives the California Department of Tax and Fee Administration (CDTFA) authority to seize tobacco products that are offered for sale, possessed, kept, stored or owned with intent to sell that are in violation of the UTL. Finally, this bill amends the definition of characterizing flavor in existing law to include cooling sensations distinguishable by an ordinary consumer. The bill was most recently amended on April 16 to authorize the AG to charge a fee for each submission and renewal of a brand style and create the California Unflavored Tobacco List Fund for the collection of these fees. Find the analysis from the Senate Judiciary Committee here.
Status: Heard in the Senate Appropriations Committee on August 5 and moved to the Appropriations suspense file.
SB 1230: Strengthen Tobacco Oversight Programs (STOP) and Seize Illegal Tobacco Products Act (Rubio—D, West Covina)
SB 1230 would authorize CDTFA to seize illegal flavored tobacco products or tobacco product flavor enhancers from a tobacco retailer, or the retailer’s agents or employees, who is attempting to sell, offering for sale, or possessing with the intent to sell these products. The bill would also increase the penalties for providing tobacco or tobacco paraphernalia to a person who is under 21 years of age. Find the analysis from the Assembly Governmental Organization Committee here.
Status: Heard in the Assembly Appropriations Committee on August 5 and moved to the Appropriations Suspense File; set to be heard on August 15 upon adjournment of Session.
AB 2021 Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons (Bauer-Kahan—D, San Ramon)
This bill would increase existing fines on firms, corporations, businesses, retailers and wholesalers who knowingly sell or furnish tobacco to a person under the age of 21 to $500 for the first offense, $1,000 for the second offense, and $5,000 for any subsequent offenses. This bill would similarly impose fines on a person who knowingly sells or furnishes tobacco to a person under the age of 21 to $200 for the first offense, $500 for the second offense, and $1000 for the third offense. Find the analysis from the Senate Public Safety Committee here.
Status: Heard in the Senate Appropriations Committee on August 5 and the Chair determined that state costs of the bill were not significant, so the bill was sent directly to the Senate Floor for a second reading without a hearing in the committee. Ordered to a third reading on the Senate Floor on August 6.
AB 2711: Suspensions and expulsions: controlled substances: tobacco: alcohol: plans and protocols (Ramos—D, San Bernardino )
AB 2711 would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a tobacco product or other controlled substance solely for that disclosure. This bill would also prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12 who voluntarily discloses, in order to seek help through services or supports, the pupil’s use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure. Find the analysis from the Assembly Education Committee here.
Status: Heard in the Senate Appropriations Committee on August 5 and moved to the Appropriations Suspense file.
AB 1775: Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products (Haney—D, San Francisco)
This bill would authorize a local jurisdiction to allow a licensed cannabis retailer or microbusiness to allow for the preparation or sale of noncannabis food or beverage products and to sell tickets for and allow for live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed. The bill does not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided. Find the Senate Floor Analysis here.
Status: Passed out of the Senate Business, Professions and Economic Development Committee (9-2) on June 10 and referred to the Senate Floor for a vote.
For more information, please contact Liz Hendrix, (916) 324-4150
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