How will AB 1207 affect cannabis packaging in California?

AB 1207, the Cannabis Packaging and Labeling Act, would have made significant changes to cannabis packaging in California. The bill was vetoed by Governor Gavin Newsom in September 2023, but it is worth discussing what the bill would have done if it had been signed into law.

Here are some of the key provisions of AB 1207 that would have affected cannabis packaging in California:

  • Prohibition of child-attractive packaging: The bill would have prohibited the sale or manufacture of cannabis or cannabis products in packaging that is “attractive to children.” This would have included packaging that uses bright colors, cartoon characters, or other features that could appeal to children.
  • Ban on flavorings: The bill would have prohibited the use of any artificial, synthetic, or natural flavorings in cannabis or cannabis products intended for smoking or combustion. This would have included flavored vape cartridges, edibles, and pre-rolls.
  • Specific requirements for edible packaging: The bill would have required edible cannabis products to be composed only of physically separated individual doses and that beverages not exceed one dose per container.
  • Emergency regulations: The bill would have required the Department of Cannabis Control to adopt emergency regulations to implement its provisions.

These provisions would have had a significant impact on the cannabis industry in California. Cannabis businesses would have had to redesign their packaging and labels to comply with the new requirements. This would have been a costly and time-consuming process for many businesses.

The cannabis industry opposed AB 1207, arguing that it was too restrictive and would have made it difficult for businesses to compete. Industry representatives also argued that the bill was not necessary, as California already has strong regulations in place to protect children from exposure to cannabis.

Governor Newsom agreed with the cannabis industry, and he vetoed AB 1207 in his veto statement, he wrote:

“AB 1207 is an overly broad and burdensome bill that would have unintended consequences for California’s cannabis industry and consumers. The bill’s definition of ‘attractive to children’ is so vague that it could have been interpreted to include a wide range of cannabis packaging, even packaging that is not inherently appealing to children. Additionally, the bill’s ban on flavorings would have eliminated a popular and safe way for consumers to consume cannabis.”

While AB 1207 was vetoed, it is possible that similar legislation could be introduced in the future. Cannabis businesses should be aware of the potential for changes to cannabis packaging regulations and be prepared to adapt accordingly.

Which Country Consumes the Most Cannabis?

Cannabis is a plant that has been used for centuries for its medicinal and recreational properties. In recent years, there has been a growing acceptance of cannabis use, and more and more countries are legalizing cannabis for medical or recreational use.

As cannabis becomes more legal, it is natural to wonder which country consumes the most cannabis. There is no definitive answer to this question, as there is no single source of data that tracks cannabis consumption across all countries. However, there are a few countries that are known to be major consumers of cannabis.

The Top 3 Countries That Consume the Most Cannabis

According to a 2022 report by the Global Drug Survey, the top 3 countries that consume the most cannabis are:

  1. Canada: Canada was the first country in North America to legalize cannabis for recreational use in 2018. Since then, cannabis use has become increasingly popular in Canada. A 2021 survey found that 45% of Canadians had used cannabis in the past year.
  2. Uruguay: Uruguay was the first country in the world to legalize cannabis for recreational use in 2013. Cannabis is sold through government-run stores in Uruguay, and it is legal for adults to possess up to 60 grams of cannabis.
  3. Netherlands: The Netherlands has a long history of tolerance for cannabis use. Cannabis is not technically legal in the Netherlands, but it is widely tolerated and sold in coffee shops.

Other Countries That Consume Cannabis

In addition to Canada, Uruguay, and the Netherlands, there are a number of other countries that consume cannabis. These include:

  • United States: Cannabis is legal for medical use in 37 states and the District of Columbia, and it is legal for recreational use in 18 states and the District of Columbia. A 2021 survey found that 40% of Americans had used cannabis in the past year.
  • Spain: Cannabis is not legal in Spain, but it is widely tolerated and sold in cannabis clubs. A 2021 survey found that 28% of Spaniards had used cannabis in the past year.
  • France: Cannabis is not legal in France, but it is widely tolerated and sold in cannabis cafes. A 2021 survey found that 23% of French people had used cannabis in the past year.
  • Italy: Cannabis is not legal in Italy, but it is widely tolerated and sold in cannabis cafes. A 2021 survey found that 22% of Italians had used cannabis in the past year.
  • Portugal: Cannabis is decriminalized in Portugal, which means that it is not illegal to possess small amounts of cannabis for personal use. A 2021 survey found that 18% of Portuguese people had used cannabis in the past year.

Conclusion

The countries that consume the most cannabis are constantly changing as more countries legalize cannabis for medical or recreational use. However, the countries listed above are consistently among the top consumers of cannabis. It is important to note that these statistics only reflect cannabis consumption that is reported to researchers. The actual amount of cannabis that is consumed in each country is likely to be much higher.

Will the Biden Administration legalize cannabis?

The Biden administration has made it clear that it is not interested in reversing the legalization of cannabis at the federal level. The administration has also said that it is open to decriminalizing cannabis and expunging the records of people who have been convicted of cannabis offenses.

In October 2022, President Biden requested that the Department of Health and Human Services (HHS) initiate a review of the federal government’s classification of cannabis as a Schedule I drug. Schedule I drugs are defined as drugs with no accepted medical use and a high potential for abuse. The HHS review is expected to take several months to complete.

The Biden administration’s plan for cannabis is likely to be influenced by a number of factors, including the results of the HHS review, the views of Congress, and the public opinion.

Here are some specific actions that the Biden administration has taken on cannabis:

  • In December 2021, the Department of Justice (DOJ) issued new guidance to federal prosecutors that directed them to prioritize the enforcement of federal cannabis laws only in cases where there is a significant federal interest. This guidance was seen as a significant step towards decriminalizing cannabis at the federal level.
  • In April 2022, the DOJ announced that it would not interfere with the implementation of state cannabis laws in states that have legalized cannabis for adult use. This announcement was another sign that the Biden administration is not interested in reversing the legalization of cannabis at the federal level.
  • In July 2022, the House of Representatives passed the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which would decriminalize cannabis at the federal level and expunge the records of people who have been convicted of cannabis offenses. The MORE Act is unlikely to pass the Senate in its current form, but it is a sign that there is growing support for federal cannabis reform.

The Biden administration’s plan for cannabis is still evolving. It is important to stay up-to-date on the latest developments and to contact your elected officials to let them know your views on cannabis reform. Please contact WINTER LLP today with your questions about the ever-changing cannabis regulatory law landscape.

What are some upcoming bills that might affect the cannabis industry in California?

There are a number of upcoming bills that could affect the cannabis industry in California. Some of the most notable bills include:

  • AB 195: This bill would allow local governments to ban cannabis businesses within their jurisdictions.
  • SB 126: This bill would increase the tax on cannabis products by 15%. The potential impact of SB 126 on the cannabis industry in California is significant. If the bill is passed, it would increase the tax on cannabis products by 15%. This would likely lead to higher prices for consumers and could make cannabis products less accessible to some people. The bill could also have a negative impact on the cannabis industry, as it could lead to decreased sales and revenue.
  • SB 140: This bill would create a new state agency to regulate the cannabis industry. The new agency would be called the California Cannabis Control Authority (CCCA). The CCCA would be responsible for regulating all aspects of the cannabis industry in California, including licensing, enforcement, and education. The bill would also create a new tax on cannabis products, which would be used to fund the CCCA and other cannabis-related programs. It is unclear whether SB 140 will be passed by the California State Legislature. The bill faces opposition from some lawmakers, who argue that it is unnecessary and would create a new layer of bureaucracy. The bill also faces opposition from some cannabis industry members, who argue that it would create unnecessary costs.
  • SB 141: This bill would allow cannabis businesses to operate in more areas of the state.
  • SB 142: This bill would allow cannabis businesses to advertise on television and radio.

These are just a few of the upcoming bills that could affect the cannabis industry in California. It is important to stay up-to-date on these bills and their potential impact on the industry. If you have any questions about your cannabis business, please contact us at WINTER LLP today.