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