BILL ANALYSIS AB 2757 Page 1 Date of Hearing: April 21, 2010 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Joe Coto, Chair AB 2757 (Bradford) - As Amended: April 8, 2010 SUBJECT : Tobacco products: blunt wraps. SUMMARY : Makes it a misdemeanor to sell, offer for sale, distribute, or import blunt wraps unless the blunt wraps will be sold in a store that restricts teenagers under the age of 18 from entering its establishment. Specifically, this bill : 1)Prohibits a person from selling, offering for sale, distributing, or importing the following tobacco products, unless that tobacco product being sold, offered for sale, or intended to be sold in a business establishment that would prohibit the presence of persons under 18 years of age on its premises: a) Tobacco products known as "bidis" or "beedies." b) Tobacco products known as blunt wraps. 2)Any person found in violation of this crime is found guilty of a misdemeanor or subject to a civil action and subject to an injuction and a civil penalty up to $2,000 per violation. EXISTING LAW : 1)Makes illegal to sell, give, furnish to a person under the age of 18 any tobacco product or paraphernalia, including blunt wraps, defined as cigar papers or wrappers containing less than 50% tobacco. 2)Defines "Bidis" or "beedies," as specified under Penal Code Section 308.1 (b) as a product containing tobacco that is wrapped in temburni leaf or tendu leaf. 3)Defines "Blunt wraps," as specified under the Penal Code Section 308 (a) (2), as cigar papers or cigar wrappers of all types that are designed for smoking or ingestion of tobacco products and contain less than 50% tobacco. FISCAL EFFECT : Unknown. AB 2757 Page 2 COMMENTS : This bill aims to curb youth access to "blunt wraps" by prohibiting the sale of blunt wraps y prohibiting the sale of blunt wraps at businesses that allow minors on their premises. According to the author, this bill is modeled after existing law that similarly restricted the sale of tobacco products known as "bidis" or "beedies". Background . A "blunt" is a cigar that is wider than a cigarillo and narrower than a Corona. Typically, blunts consist of two main parts; the inner leaf, which is similar to a cigarette rolling paper, except it is made of tobacco, and a thicker outer leaf which is rolled around the inner leaf in a spiral. In most commercially available blunts, the "leaves" are made from tobacco pulp instead of actual tobacco. Originally, blunts got their name from their 'broad or rounded tip', and were named as such in the1800s to separate them from other cigars with a tapered, pointed tip. Individually packaged tobacco wraps have been available for years. These wraps are considered tobacco leaves because of their nature and appearance and they're used to roll a cigar in one continuous sheet. Use of these single tobacco wrap sheets of is comparable to the original Blunts of the 1800s. Blunt wraps and youth . According to the National Institute on Drug Abuse (NIDA), recent increases in marijuana smoking among youth and young adult population have been accompanied by the popularization of smoking marijuana as "blunts" instead of joints, especially in urban areas. Blunts consist of marijuana that is placed in a wrap of tobacco leaves that, when smoked, combine the delivery of marijuana's active ingredients with nicotine and other harmful chemicals. NIDA has also found that blunts are increasingly used to smoke illicit substances including cocaine and PCP. In recent years, a new tobacco product called "blunt wrap" has been increasingly marketed in gas stations, liquor and convenience stores across California. Blunt wrap manufacturers sell these products in flavored varieties including, but, not limited to, Cotton Candy, Cookie Dough, Apple Blitz, Purple Thunder, and Kush (a slang term used for marijuana) that are, according to the author, heavily marketed towards youth. These blunt wraps are becoming increasingly popular because their flavoring masks the odor created from burning marijuana and AB 2757 Page 3 other drugs. In November 2008, the federal Department of Customs and Border Protection ruled that blunt wraps are "primarily intended for use with marijuana or cannabis,: classified blunt wraps as drug paraphernalia, and prohibited their importation to the United States of America. As an effort to avoid a ban, blunt wrap manufacturers have subsequently re-labeled their products as a "cigar wrap." According to supporters for this bill, cities and counties have joined with law enforcement agencies, health groups, and religious leaders to enact their own restrictions on the sale of blunt wraps. Boston, Chicago, and Washington, D.C. have implemented bans on the product, finding that "blunt wraps are frequently marketed and sold to youth and are also known to be used as drug paraphernalia." In support . Cigar Association of American says that, "Blunt wraps are now being marketed as legitimate cigar products?blunt wraps are intended for illicit purposes." Cigar Association of America further states, "Because these products have been found to be frequently marketed and sold to youth, we believe their sale in California should be restricted to retail environments where minors are not allowed." Also in support, the American Lung Association believe this bill "benefit the public health by curbing the sale of blunt wraps to minors, making the product less accessible to youth in places where they frequent." In opposition . Opponents to this bill say passage of this bill "will severely limit the sale of these lawful products, reduce employment?and add to California's 12.6% unemployment." In addition, the opponents also say that this measure "unfairly targets" blunt wraps and not other tobacco products. Prior legislation . AB 1749 (Horton, Chapter 501, Statutes of 2006) Makes several technical clarifications of the Cigarette and Tobacco Products Licensing Act of 2003 and other sections of the Cigarette and Tobacco Products Tax Law. Adds "blunt wraps" to the definition of tobacco paraphernalia and impose specific restrictions on the sale of blunt wraps. Defines "blunt wraps" as cigar papers or cigar wrappers that are designed for smoking or ingestion of tobacco products and contain less than 50% tobacco. States legislative intent that all manufacturers or AB 2757 Page 4 importers of blunt wraps place appropriate labels for tobacco products as required by federal law. SB 322 (Ortiz, Chapter 375, Statutes of 2001) prohibits the sale, offer for sale, distribution or importation of a tobacco product commonly referred to as "bidis" or "beedies." Defines "bidis" or "beedies" under state law. Makes violation of this law a misdemeanor punishable with a civil action for injunctive relief and civil penalties up to $2,000 may be brought up by a city attorney, county counsel, district attorney, or Attorney General. REGISTERED SUPPORT / OPPOSITION : Support American Lung Association Cigar Association of America Opposition Roll Your Own Cigar Association Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531