Last week, just in time for the deadline to introduce legislation during the 2025 Legislative Session, California Assembly Members and California Senators introduced several bills addressing a number of cannabis and hemp law issues, including vape pens, medical shipments of cannabis to California patients, low-dose hemp drinks, and securing payment of workers’ compensation from licensed cannabis employers, among other issues.
AB 998: Household hazardous waste: vape pens.
The Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials, and existing law authorizes certain entities to operate household hazardous waste collection facilities, under permits issued by the department. A violation of the hazardous waste control laws is a crime. Introduced by Assemblymember Heather Hadwick (Redding), AB 998 would make school-confiscated vape pens presumed to have been generated by a household, making these devices subject to management and disposal at a household hazardous waste collection facility. The bill would authorize a household hazardous waste collection facility to conduct physical treatment activities involving the disassembly of household hazardous waste to separate batteries, valves, electronic components and other parts containing liquids or gases, including, the disassembly of vape pens. The bill would prohibit a public agency from including vape pens in a materials exchange program conducted at any household hazardous waste collection facility.
AB 762: Disposable, battery-embedded vapor inhalation device: prohibition.
Introduced by Assemblymember Jacqui Irwin (Thousand Oaks) and Assemblymember Lori Wilson (Suisun City), AB 762 would prohibit, beginning January 1, 2026, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state, and the bill would define a “disposable, battery-embedded vapor inhalation device” to mean a vaporization device that is not designed or intended to be reused. AB 762 would also authorize a city, a county, or the state, to enforce the above-described disposable vape pen prohibition and to impose civil liability on a person or entity in violation of the prohibition, and would require any civil penalties collected to be paid to whichever office brought the action. The bill would specify that any remedies provided pursuant to these provisions are in addition to the remedies that may be available pursuant to provisions relating to unfair competition. AB 762 would require prohibition-related costs incurred by a state agency to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
SB 501 Household Hazardous Waste Producer Responsibility Act.
The Plastic Pollution Prevention and Packaging Producer Responsibility Act establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. Introduced by Senator Ben Allen (El Segundo), SB 501 would create a producer responsibility program for products containing household hazardous waste and would require a producer responsibility organization (PRO) to ensure the safe and convenient collection and management of covered products at no cost to consumers or local governments, and would define “covered product” to include electronic cigarettes and vape pens. The bill would require the PRO, within 12 months of the effective date of Department of Toxic Substances Control (DTSC) regulations, to submit a producer responsibility plan to DTSC and to implement its plan within 90 days of approval. SB 501 would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program and would establish a new fund in the State Treasury, including a Household Hazardous Waste Products Penalty Account for expenditure by DTSC for activities related to the administration and enforcement of the program.
AB 1332 Medicinal cannabis: shipments.
This bill would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits and the package is received and signed for by someone 21 years of age or older. Introduced by Assemblymember Patrick Ahrens (Cupertino), AB 1332 would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, and the bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license.
AB 1065 Credit card transaction fees: tax payments.
This bill would require that the calculation of interchange fees charged by a issuer, a payment card network, an acquirer bank, or a processor not take into account gratuity or certain state taxes, including the cannabis excise tax. Introduced by Assemblymember Liz Ortega (Hayward), AB 1065 would prohibit a payment card network, an acquirer bank, or a processor from altering the computation of interchange fees, either by increasing the rate or the amount of fees applicable, to circumvent the effects of the act. The bill would provide that a violation of these provisions would be subject to a civil penalty of $1,000, and would require that the charges be refunded to the merchant or seller.
AB 1397 Hemp: low-dose hemp drinks.
This bill would authorize a hemp manufacturer to produce and sell low-dose hemp drinks, if specified requirements are met, including that the low-dose hemp drink contains no greater than 0.5 milligrams of total THC per container and does not contain cannabis. Introduced by Assemblymember Heath Flora (Ripon), AB 1397 would require the low-dose hemp drink to be tested by an independent testing laboratory, and would prohibit a low-dose hemp drink from being sold to or consumed by an individual under 21 years of age. This bill would impose a low-dose hemp drink excise tax upon purchasers of low-dose hemp drinks sold in the state at 10% of the gross receipts of any retail sale of low-dose hemp drinks, and AB 1397 would require the California Department of Tax and Fee Administration (CDTFA) to administer the tax pursuant to the Fee Collection Procedures Law, the violation of which is a crime. The bill would require a retailer to collect the tax from the purchaser and remit it to the CDTFA. The bill would require the tax, and interest, penalties, and other amounts collected and paid to the department pursuant to the tax, to be deposited into the Low-Dose Hemp Drink Excise Tax Fund, which the bill would establish, for regulatory purposes related to low-dose hemp drinks.
AB 1209 Workers’ compensation: cannabis industry.
This bill would require an employer that is licensed or is required to be licensed under MAUCRSA annually to provide proof that it has secured payment of workers’ compensation to the administrative director. Introduced by Assemblymember Michelle Rodriguez (Chino), AB 1209 would require the administrative director to provide assistance to any employer or entity that notifies the administrative director that it has insufficient workers’ compensation coverage or has been unable to obtain coverage and authorize the administrative director to extend the deadline for compliance. The bill would exempt any employer that secures the payment of workers’ compensation pursuant to these provisions from civil or criminal liability for prior failure to secure the payment of compensation. The bill would require the administrative director to contract with one or more agents to assist employers in complying with these provisions.
AB 1496 Cannabis task force.
Prior existing law, which was repealed on January 1, 2025, established a task force on state and local regulation of commercial cannabis activity to promote communication between state and local entities engaged in the regulation of commercial cannabis activity and facilitate cooperation to enforce applicable state and local laws, consisting of specified members from state agencies and all local jurisdictions regulating commercial cannabis activity that opt to participate. Introduced by Assemblymember Blanca Rubio (West Covina), AB 1496 would reinstate the task force and expand the task force to include representatives from tribal governmental entities regulating commercial cannabis activity that opt to participate in the task force.
