BILL ANALYSIS
AB 2757
Page 1
Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2757 (Bradford) - As Amended: April 8, 2010
Policy Committee: Governmental
Organization Vote: 21 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill would make it a misdemeanor to sell, offer for sale,
distribute or import blunt wraps unless the wraps will be sold
in a business establishment that prohibits the presence of
persons under 18 on the premises.
FISCAL EFFECT
1)According to industry sales data, blunt wraps currently
generate almost $600,000 in sales tax revenue annually. Of
that amount, almost $400,000 is revenue for the state. This
legislation prohibits that sale of blunt wraps at the majority
of the 38,000 tobacco retail outlets in the state. Instead,
their sale would essentially be limited to less than 1,000
specialty tobacco shops. If this shift results in a 75% drop
in legal sales, it would result in a loss of almost $300,000
in state revenue. Some of that loss could be offset by an
increase in the sales of other products.
2)Negligible, non-reimbursable costs for prosecution and/or
incarceration, offset by fine revenue, for misdemeanor
violations of provisions associated with selling blunt wraps
in establishments that are not restricted to people 18 years
and older.
COMMENTS
1)Purpose . This bill is aimed at restricting the sale of blunt
wraps to minors. Information from the National Institute on
Drug Abuse shows that recent increases in marijuana smoking
among youth and young adults has been accompanied by the
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popularization of smoking marijuana as "blunts" instead of as
joints, especially in urban areas.
The author has modeled this legislation after the current
restrictions against selling the tobacco product commonly
referred to as "bidis" or "beedies" in outlets that are not
restricted to adults.
2)Support . In support of the bill, the Cigar Association of
America, argues that in recent years blunt wraps have been
increasingly marketed in gas stations, liquor and convenience
stores across the state. Blunt wrap manufacturers sell these
products in flavored varieties including Cotton Candy, Cookie
Dough, and Kush (a slang term for marijuana) that are heavily
marketed to youth. Blunt wraps are becoming increasingly
popular because their strong flavoring masks the odor created
from burning marijuana and other drugs.
3)Opposition . In opposition, the Roll Your Own Cigar
Association (made up of manufacturers), argues that state law
already limits the access of minors to blunt wraps, because
they are a tobacco product and cannot be sold or marketed to
minors. In addition, the opposition notes that there are a
myriad of products, such as cigarette rolling papers,
manufactured cigars, and tobacco pipes that can be used for
smoking marijuana and other illegal drugs. Therefore, they
note that this legislation unfairly targets one product and
not others.
4)Related Legislation . AB 1749 (Horton; Chapter 501, Statutes of
2006) adds "blunt wraps" to the definition of tobacco
paraphernalia and impose specific restrictions on the sale of
blunt wraps. In addition, it 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. Finally, the bill states legislative intent that all
manufacturers or 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." The
bill also defines "bidis" or "beedies" under state law.
Finally the bill makes violation of this law a misdemeanor
punishable with a civil action for injunctive relief and civil
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penalties up to $2,000 may be brought up by a city attorney,
county counsel, district attorney, or Attorney General.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081