Chapter 14Protection of Minors

Section § 26140

Explanation

This law outlines rules for businesses with cannabis licenses. For those with an A-license, they cannot sell cannabis to anyone under 21, allow them on the premises, hire them, or sell cannabis without checking valid ID. However, those with an M-license have some exceptions, like allowing people 18 and over if they have medical documentation or are a primary caregiver. Peace officers can use those under 21 to enforce these rules, and such individuals cannot be prosecuted when part of an operation. There are guidelines for using underage decoys, and the department may create rules to verify the status of primary caregivers buying cannabis for patients.

(a)CA Business and Professions Code § 26140(a) An A-licensee shall not:
(1)CA Business and Professions Code § 26140(a)(1) Sell cannabis or cannabis products to persons under 21 years of age.
(2)CA Business and Professions Code § 26140(a)(2) Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
(3)CA Business and Professions Code § 26140(a)(3) Employ or retain persons under 21 years of age.
(4)CA Business and Professions Code § 26140(a)(4) Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation that reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
(b)CA Business and Professions Code § 26140(b) Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any other law, a person under 21 years of age who purchases or attempts to purchase cannabis or cannabis products while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis or cannabis products. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the department in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c)CA Business and Professions Code § 26140(c) Notwithstanding subdivision (a), an M-licensee may:
(1)CA Business and Professions Code § 26140(c)(1) Allow on the premises a person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for themselves or for a person for whom that person is a primary caregiver.
(2)CA Business and Professions Code § 26140(c)(2) Allow a person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.
(3)CA Business and Professions Code § 26140(c)(3) Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for themselves or for a person for whom the person is a primary caregiver.
(4)CA Business and Professions Code § 26140(c)(4) The department may establish requirements for the purchase of cannabis, cannabis products, or cannabis accessories by a primary caregiver for a patient to ensure that the status of a person as a primary caregiver is verified.
A-licensee M-licensee underage sale prohibition cannabis sales valid ID primary caregiver peace officer decoy medical cannabis enforcement guidelines sales to minors age verification cannabis premises rules cannabis employment restrictions dual licensing medical identification requirement
(Amended by Stats. 2021, Ch. 70, Sec. 74. (AB 141) Effective July 12, 2021. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)