SB 185 Cannabis: marketing

This bill is part of the 2019 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years. 

SB 185  (McGuire D)   Cannabis: marketing.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, requires the department, no later than January 1, 2018, to establish standards by which a licensed cultivator may designate a county of origin for cannabis.  MAUCRSA requires the department, no later than January 1, 2021, to establish a process by which cultivators may establish appellations for cannabis grown in certain geographical areas of California, instead of by county.

MAUCRSA prohibits cannabis from being represented to consumers, as specified, as grown in a California county unless the cannabis was grown in that county.  MAUCRSA prohibits the name of a California county or any similar name that is likely to mislead consumers as to the origin of cannabis products from being used, as specified, unless the cannabis contained in the product was grown in that county.  Existing law defines the term “kind” to mean the applicable type or designation regarding a particular cannabis variant or cannabis product type, including, but not limited to, strain name or other grower trademark, or growing area designation.

This bill would use the term “appellations of origin” instead of “appellations” and would apply the same prohibitions against misrepresentation of county of origin to misuse of appellations of origin established pursuant to the above-described process.  The bill would apply the same prohibitions against misrepresentation of county of origin and appellation of origin to the use of names that are likely to mislead consumers as to the kind of cannabis.  The bill would alter the definition of “kind” to include the applicable type or designation of a particular cannabis origin.

Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.

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