The California legislature is contemplating a brand new regulation (AB-1639) that, if handed, would limit how hashish vape merchandise are made and bought. AB-1639 would change California regulation for tobacco and hashish companies (for the needs of this submit, we’ll simply give attention to the hashish aspect of the regulation), and would successfully prohibit nearly any form of flavoring added to vape merchandise within the Golden State.
Under current California legal guidelines and laws, there isn’t any categorical prohibition on including flavoring to hashish vape merchandise, and as any reader is aware of, there was an enormous pushback throughout the U.S. to ban any form of flavored vape product in any respect.
AB-1639 would change current regulation by prohibiting hashish companies from promoting “artificially flavored vape products”, that are outlined as “cannabis or a cannabis product that contains flavor not derived or synthesized from the cannabis plant or other natural botanical sources and that can be used to deliver cannabis to a person in aerosolized or vaporized form.”
In different phrases, if AB-1639 passes, then the one form of taste components that can be utilized in vape merchandise will likely be naturally occurring flavors. For good measure, AB-1639 would additionally prohibit manufacture of flavored vape merchandise as nicely:
Flavors not derived from the hashish plant or different pure botanical sources shall not be used within the manufacturing of hashish merchandise that can be utilized to ship hashish to an individual in aerosolized or vaporized kind.
Flavor derived or synthesized from tobacco shall not be used within the manufacturing of hashish merchandise or sale of hashish merchandise that can be utilized to ship hashish to an individual in aerosolized or vaporized kind.
Notably, the regulation wouldn’t develop into efficient instantly upon being handed, because it says “This section shall become operative 90 days after the effective date of the act that added this section.” In different phrases, if the regulation passes, companies could have a brief grace interval to unload merchandise that will not be licensed underneath the amended regulation.
Though there’s a brief grace interval, it’s clear that if AB-1639 passes, any hashish enterprise that makes flavored vape merchandise might want to instantly take into account the affect of this regulation and on merchandise which can be already in the marketplace. Failure to take action may result in far-reaching penalties and large financial losses.
AB-1639 has already made it fairly far via the legislative course of and there’s a very good probability that it turns into regulation. We’ll hold readers up to date on the progress of the regulation, so please keep tuned to the Canna Law Blog.