BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2757
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          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.








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           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  








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          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  








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          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