Legislation To Prohibit The Advertisement Of Marijuana Products To Children Clears Assembly Floor

Wednesday, May 31, 2017

SACRAMENTO – Today, the California State Assembly approved Assembly Bill (AB) 76, authored by Assemblymember Ed Chau (D-Monterey Park), which would protect children from exposure to marijuana products.  Specifically, it would prohibit the operator of an Internet Web site, online service, online application, or mobile application from marketing marijuana products or services to a person under the age of twenty-one, in certain circumstances. 

“While current law prohibits drug paraphernalia from being advertised to minors, it does not specifically prohibit the advertising of marijuana, because at the time it was enacted, recreational use of marijuana was not legal in California,” said Assemblymember Chau.  “Legislation is needed to prohibit the online advertisement of marijuana products and businesses to children and to ensure that young adults are not being marketed a product they cannot legally consume.”

The Privacy Rights for California Minors in the Digital World, which became effective January 1, 2014, prohibits operators of Internet Web sites, online services, online applications, and mobile applications that are directed to minors from marketing certain types of products or services, such as tobacco and alcohol, that minors cannot legally purchase.  Additionally, when voters approved the Adult Use of Marijuana Act (AUMA) (Proposition 64) in 2016 to legalize the recreational use of marijuana in California, the measure included provisions intended to protect children from the marketing of marijuana products.  This bill furthers the purpose and intent of both the Privacy Rights for California Minors in the Digital World and the AUMA by protecting persons under 21 years of age from being exposed to advertising and marketing of marijuana, marijuana products, and marijuana businesses. 

AB 76 passed with 70 votes.

Assemblymember Ed Chau represents the 49th Assembly District, comprised of the communities of Alhambra, Arcadia, El Monte, Monterey Park, Rosemead, San Gabriel, San Marino, Temple City and portions of Montebello, and South El Monte.