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AMENDED IN ASSEMBLY MARCH 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Assembly Member Irwin

February 20, 2026

An act to amend Sections 26120, 26130, and 26152 of the Business and Professions Code, relating to cannabis.

Vote: 2/3   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities under the jurisdiction of the Department of Cannabis Control, including retail commercial cannabis activity.

MAUCRSA places specified requirements on the packing and labeling of cannabis and cannabis products, including requiring all cannabis and cannabis product labels and inserts to include certain information prominently displayed in a clear and legible fashion, as specified, including a warning if nuts or other known allergens are used.

This bill would require all cannabis and cannabis product labels and inserts for an edible cannabis product or a cannabis beverage to also include the toll-free number for the national Poison Help line, and line. Commencing July 1, 2027, the bill would require the label for a cannabis beverage containing more than one serving to clearly and conspicuously, in print, provide a notice to the consumer that the product contains multiple servings, notice to the consumer, as specified.

MAUCRSA requires edible cannabis products to be produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving. MAUCRSA requires edible cannabis to be delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form.

Commencing July 1, 2027, this bill would require, if the cannabis product is a cannabis beverage containing more than one serving, serving and the container is transparent, the container to feature unobstructed and conspicuous lines delineating individual serving or portion sizes. sizes, except as specified. If the cannabis product is a cannabis beverage containing more than one serving, the bill would require a consumer to be offered, the retailer to offer a consumer at the time of purchase and at no additional charge, a measuring instrument or measuring device that allows the consumer to measure a single serving for consumption. device, as specified.

MAUCRSA prohibits a person engaged in commercial cannabis activity, whether licensed or unlicensed, from, among other things, advertising or marketing cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.

This bill bill, commencing July 1, 2027, would additionally prohibit a person engaged in commercial cannabis activity, whether licensed or unlicensed, from advertising or marketing cannabis beverages containing multiple servings as single-serve products or otherwise encouraging consumption of multiple servings within a cannabis beverage at one time.

AUMA authorizes the Legislature to amend its provisions with a ⅔ vote of both houses to further its purposes and intent, except as specified.

This bill would declare that its provisions further the purposes and intent of AUMA.

The people of the State of California do enact as follows:

SECTION 1.

Section 26120 of the Business and Professions Code is amended to read:

26120.

(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. If the cannabis or cannabis product contains multiple servings, the package shall also be resealable.

(b) Packages and labels shall not be made to be attractive to children.

(c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the department:

(1) The following statements, in bold print:

(A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

(B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

(2) For packages containing only dried flower, the net weight of cannabis in the package.

(3) Identification of the type of cannabis or cannabis product and the date of packaging.

(4) The appellation of origin, if any.

(5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.

(6) A warning if nuts or other known allergens are used.

(7) Information associated with the unique identifier issued by the department.

(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”

(9) For an edible cannabis product or a cannabis beverage, the toll-free telephone number for the national Poison Help line.

(10) For Commencing July 1, 2027, for a cannabis beverage containing more than one serving, the label shall clearly and conspicuously, in print, provide a notice to the consumer that the product contains multiple servings servings, the size of a single serving measured in fluid ounces to the nearest tenth of a fluid ounce, and information regarding how to accurately measure a single serving for consumption.

(11) Any other requirement set by the department.

(d) Only generic food names may be used to describe the ingredients in edible cannabis products.

(e) Cannabis beverages may be packaged in containers that are clear or any color.

(f) The package and label of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that the cannabis cartridge or integrated cannabis vaporizer is disposable nor imply that it may be thrown in the trash or recycling streams.

(g) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.

(h) This section shall become operative on July 1, 2024.

SEC. 2.

Section 26130 of the Business and Professions Code is amended to read:

26130.

(a) The department shall promulgate regulations governing the licensing of cannabis manufacturers and standards for the manufacturing, packaging, and labeling of all manufactured cannabis products. Licenses to be issued are as follows:

(1) “Manufacturing Level 1,” for sites that manufacture cannabis products using nonvolatile solvents, or no solvents.

(2) “Manufacturing Level 2,” for sites that manufacture cannabis products using volatile solvents.

(b) For purposes of this section, “volatile solvents” shall have the same meaning as in paragraph (3) of subdivision (b) of Section 11362.3 of the Health and Safety Code, unless otherwise provided by law or regulation.

(c) Edible cannabis products shall be:

(1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis.

(2) Produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving.

(3) (A) Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form.

(B) (i) If Commencing July 1, 2027, if the cannabis product is a cannabis beverage containing more than one serving, serving and the container is transparent or otherwise visibly displays the amount of liquid remaining within the container, the container shall feature unobstructed and conspicuous lines delineating individual serving or portion sizes. This requirement does not apply to a container that is shaped in a manner that makes it impossible to feature accurate lines delineating individual serving or portion sizes.

(ii) If Commencing July 1, 2027, if the cannabis product is a cannabis beverage containing more than one serving, a consumer shall be offered, the retailer shall offer the consumer, at the time of purchase and at no additional charge, a measuring instrument or measuring device that allows the consumer to measure a single serving for consumption. device, provided by the manufacturer on an as-needed basis, that is able to contain at least one fluid ounce and measures to the nearest tenth of a fluid ounce.

(4) Homogenized to ensure uniform disbursement of cannabinoids throughout the product.

(5) Manufactured and sold under sanitation standards established by the department that are similar to the standards for preparation, storage, handling, and sale of food products.

(6) Provided to customers with sufficient information to enable the informed consumption of the product, including the potential effects of the cannabis product and directions as to how to consume the cannabis product, as necessary.

(7) Marked with a universal symbol, as determined by the department through regulation.

(d) Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under state law.

(e) (1) If the cannabis product is intended for therapeutic effect or health supplementation use on, or for consumption by, an animal, the cannabis product shall also conform with any additional relevant standards, including, but not limited to, an alternative standardized concentration, established by the department through regulations.

(2) The department shall promulgate regulations for animal product standards no later than July 1, 2025. Cannabis products shall not be marketed or sold for use on, or consumption by, animals before these regulations for animal standards take effect.

SEC. 3.

Section 26152 of the Business and Professions Code is amended to read:

26152.

A person engaged in commercial cannabis activity, whether licensed or unlicensed, shall not do any of the following:

(a) Advertise or market in a manner that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression.

(b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof.

(c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the cannabis or industrial hemp originated in a particular place or region, unless the label of the advertised product bears an appellation of origin, and such appellation of origin appears in the advertisement.

(d) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway which crosses the California border.

(e) Advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products.

(f) Publish or disseminate advertising or marketing that is attractive to children.

(g) Advertise or market cannabis or cannabis products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.

(h) Publish or disseminate advertising or marketing for unlicensed commercial cannabis activity or for licensed commercial cannabis activity while the licensee’s license is suspended.

(i) Advertise Commencing July 1, 2027, advertise or market cannabis beverages containing multiple servings as single-serve products or otherwise encourage consumption of multiple servings within a cannabis beverage at one time.

SEC. 4.

The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.