CA SB 378

enacted

Online marketplaces: illicit cannabis: reporting and liability.

California · 2025-2026 Regular Session · upper

Description

(1) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a link to the social media platform's reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists, and a general description of its policies and procedures for responding to law enforcement inquiries. This bill, beginning on July 1, 2026, would require an online cannabis marketplace, as defined, to address in its terms of service whether it permits Californians to view the advertisements and business information of unlicensed sellers of cannabis or cannabis products on its marketplace and whether the marketplace verifies the licenses of sellers of cannabis or cannabis products whose advertisements and business information are viewable on its marketplace, as specified. The bill would require an online cannabis marketplace that does not verify those licenses to display a clear and conspicuous graphic that warns the consumer that the marketplace may be displaying, storing, or hosting unlicensed sellers of cannabis or cannabis products. This bill would require an online cannabis marketplace to establish a clear and conspicuous mechanism within its internet-based service that allows an individual to report to the online cannabis marketplace the display, storing, or hosting on the marketplace of advertisements from, or business information about, an unlicensed seller of cannabis or cannabis products. The bill would require the mechanism to provide the individual who submits a report with written confirmation of receipt of the report, periodic updates, and final written determination, as specified. This bill would impose certain penalties and relief depending on the violation of these provisions, as specified. (2) The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labeling, and advertising of food, beverages, and cosmetics and authorizes the State Department of Public Health to adopt regulations for the enforcement of that law, as specified. That law imposes various requirements specific to the manufacture and sale of industrial hemp products that are food or beverages, including a requirement for a certificate of analysis from an independent testing laboratory that confirms that the THC concentration does not exceed a specified amount. Existing emergency regulations require that industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption have no detectable THC per serving. This bill, beginning July 1, 2026, would require an online hemp marketplace, as defined, to establish a clear and conspicuous mechanism within its internet-based service that allows an individual to report to the online hemp marketplace an advertisement for an intoxicating hemp product on the marketplace, as specified. The bill would define "intoxicating hemp product" to include an inhalable hemp product, as further defined, with a detectable THC concentration. The bill would require the mechanism to provide the individual who submits a report with written confirmation of receipt of the report, periodic updates, and final written determination, as specified. The bill would impose specified penalties and relief for violations of these provisions. (3) Existing law imposes strict liability upon persons who place a defective product on the market, including retailers engaged in the business of distributing goods to the public, for injuries caused by the product. Existing law also provides that each person is responsible for an injury occasioned to another by that person's want of ordinary care or skill, commonly known as negligence, in the management of their property or person, unless the injured person has, willfully or by want of ordinary care, brought the injury upon themselves. This bill, beginning July 1, 2026, would prohibit an online marketplace from engaging in unlawful paid online advertising related to unlicensed sellers of cannabis or cannabis products or intoxicating hemp products, as specified. The bill would impose joint and several liability on an online marketplace that violates that prohibition, and is a substantial factor in an unlawful transaction between a consumer and an unlicensed seller of cannabis or a cannabis product, or between a consumer and a seller of an intoxicating hemp product, for damages caused to the consumer by the cannabis, cannabis product, or intoxicating hemp product, unless specified conditions are met. The bill would increase the amount that a prevailing plaintiff may recover depending on what the online marketplace had actual knowledge at the time of the unlawful transaction and whether the harm was suffered by a child, as described. The bill would provide various affirmative defenses to an action brought under these provisions, and would authorize an online marketplace to seek indemnification against an advertiser of cannabis, cannabis products, or intoxicating hemp products that misrepresented to the online marketplace that they were licensed or registered to sell that product, as specified. (4) This bill would state that its provisions are severable.

Introduced: 2025-02-13
Status date: —
Latest action: 2025-10-06 — Chaptered by Secretary of State. Chapter 411, Statutes of 2025.
Bill type: bill
Last updated: —

Subjects

Committees

Not provided by source.

Action timeline

2025-02-13
Introduced. Read first time. To Com. on RLS. for assignment. To print.
introduction,reading-1,referral-committee
2025-02-14
From printer. May be acted upon on or after March 16.
2025-02-26
Referred to Com. on JUD.
referral-committee
2025-03-26
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2025-04-08
Set for hearing April 22.
2025-04-21
April 22 set for first hearing canceled at the request of author.
2025-04-22
Set for hearing April 29.
2025-04-30
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 940.) (April 29).
amendment-passage,committee-passage,committee-passage-favorable,referral-committee
2025-05-01
Read second time and amended. Re-referred to Com. on APPR.
amendment-passage,reading-1,reading-2,referral-committee
2025-05-06
Set for hearing May 12.
2025-05-12
May 12 hearing: Placed on APPR. suspense file.
2025-05-16
Set for hearing May 23.
2025-05-23
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1198.) (May 23).
amendment-passage,committee-passage,committee-passage-favorable
2025-05-23
Read second time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2
2025-05-27
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-05-29
Read third time and amended.
amendment-passage,reading-1,reading-3
2025-05-29
Ordered to second reading.
reading-1,reading-2
2025-06-02
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-06-03
Read third time. Passed. (Ayes 37. Noes 0. Page 1451.) Ordered to the Assembly.
passage,reading-1,reading-3
2025-06-04
In Assembly. Read first time. Held at Desk.
reading-1
2025-06-09
Referred to Coms. on B. & P., P. & C.P., and JUD.
referral-committee
2025-07-01
From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 16. Noes 0.) (July 1). Re-referred to Com. on P. & C.P.
committee-passage,committee-passage-favorable,referral-committee
2025-07-09
From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on JUD.
committee-passage,committee-passage-favorable,referral-committee
2025-07-09
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2025-07-16
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 15). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2025-08-20
August 20 set for first hearing. Placed on APPR. suspense file.
2025-08-29
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
amendment-passage,committee-passage,committee-passage-favorable
2025-09-02
Read second time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2
2025-09-03
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-09-05
Assembly Rule 69(b)(1) suspended.
2025-09-05
Read third time and amended.
amendment-passage,reading-1,reading-3
2025-09-05
Ordered to third reading.
reading-1,reading-3
2025-09-12
Read third time. Passed. (Ayes 76. Noes 0. Page 3416.) Ordered to the Senate.
passage,reading-1,reading-3
2025-09-13
In Senate. Concurrence in Assembly amendments pending.
2025-09-13
Assembly amendments concurred in. (Ayes 32. Noes 0. Page 3061.) Ordered to engrossing and enrolling.
amendment-passage,committee-passage,committee-passage-favorable
2025-09-23
Enrolled and presented to the Governor at 2 p.m.
executive-receipt
2025-10-06
Approved by the Governor.
executive-signature
2025-10-06
Chaptered by Secretary of State. Chapter 411, Statutes of 2025.
became-law

Versions

02/13/25 - Introduced — 2025-02-13Compare
03/26/25 - Amended Senate — 2025-03-26Compare
05/01/25 - Amended Senate — 2025-05-01Compare
05/23/25 - Amended Senate — 2025-05-23Compare
05/29/25 - Amended Senate — 2025-05-29Compare
07/09/25 - Amended Assembly — 2025-07-09Compare
09/02/25 - Amended Assembly — 2025-09-02Compare
09/05/25 - Amended Assembly — 2025-09-05Compare
09/17/25 - Enrolled — 2025-09-17Compare
10/06/25 - Chaptered — 2025-10-06Compare
SB378Compare
(document, no version)Compare

Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
2025-04-29 · pass · 13-0
Member-level votes (13)
- Niello: yes
- Arreguín: yes
- Allen: yes
- Durazo: yes
- Laird: yes
- Valladares: yes
- Wahab: yes
- Stern: yes
- Caballero: yes
- Weber Pierson: yes
- Ashby: yes
- Umberg: yes
- Wiener: yes
Placed on suspense file
2025-05-12 · pass · 7-0
Member-level votes (7)
- Wahab: yes
- Seyarto: yes
- Grayson: yes
- Richardson: yes
- Cabaldon: yes
- Dahle: yes
- Caballero: yes
Do pass as amended
2025-05-23 · pass · 6-0
Member-level votes (7)
- Caballero: yes
- Seyarto: yes
- Wahab: yes
- Cabaldon: yes
- Richardson: yes
- Grayson: yes
- Dahle: other
3rd Reading
2025-06-03 · pass · 37-0
Member-level votes (40)
- Valladares: yes
- Gonzalez: yes
- Choi: yes
- McNerney: yes
- Weber Pierson: yes
- Becker: yes
- Laird: yes
- Ashby: yes
- Richardson: yes
- Cervantes: yes
- Padilla: yes
- Stern: yes
- Durazo: yes
- Arreguín: yes
- Seyarto: yes
- Niello: yes
- Cortese: yes
- Hurtado: yes
- Pérez: yes
- Cabaldon: yes
- Dahle: yes
- Grayson: yes
- Allen: yes
- Menjivar: yes
- Smallwood-Cuevas: yes
- Strickland: yes
- Wiener: yes
- Archuleta: yes
- Alvarado-Gil: yes
- McGuire: yes
- Blakespear: yes
- Jones: yes
- Wahab: yes
- Limón: yes
- Caballero: yes
- Rubio: yes
- Umberg: yes
- Grove: other
- Ochoa Bogh: other
- Reyes: other
Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]
2025-07-01 · pass · 16-0
Member-level votes (18)
- Alanis: yes
- Chen: yes
- Caloza: yes
- Bains: yes
- Elhawary: yes
- Lowenthal: yes
- Hadwick: yes
- Pellerin: yes
- Flora: yes
- Nguyen: yes
- Jackson: yes
- Haney: yes
- Krell: yes
- Irwin: yes
- Berman: yes
- Bauer-Kahan: yes
- Macedo: other
- Ahrens: other
Do pass and be re-referred to the Committee on [Judiciary]
2025-07-08 · pass · 13-0
Member-level votes (15)
- Bryan: yes
- Ortega: yes
- Dixon: yes
- Pellerin: yes
- Ward: yes
- Irwin: yes
- Wicks: yes
- Wilson: yes
- Lowenthal: yes
- Haney: yes
- Petrie-Norris: yes
- McKinnor: yes
- Lackey: yes
- Hoover: other
- DeMaio: other
Do pass and be re-referred to the Committee on [Appropriations]
2025-07-15 · pass · 11-0
Member-level votes (12)
- Stefani: yes
- Dixon: yes
- Bryan: yes
- Kalra: yes
- Pacheco: yes
- Sanchez: yes
- Bauer-Kahan: yes
- Connolly: yes
- Papan: yes
- Harabedian: yes
- Zbur: yes
- Macedo: other
Do pass as amended.
2025-08-29 · pass · 11-0
Member-level votes (15)
- Elhawary: yes
- Pellerin: yes
- Fong: yes
- Pacheco: yes
- Calderon: yes
- Arambula: yes
- Mark González: yes
- Wicks: yes
- Caloza: yes
- Ahrens: yes
- Solache: yes
- Sanchez: other
- Ta: other
- Tangipa: other
- Dixon: other
SB 378 Wiener Senate Third Reading By Aguiar-Curry
2025-09-13 · pass · 76-0
Member-level votes (80)
- Ahrens: yes
- Johnson: yes
- Dixon: yes
- Mark González: yes
- Quirk-Silva: yes
- Gipson: yes
- Rogers: yes
- Addis: yes
- Ward: yes
- Haney: yes
- Hart: yes
- Fong: yes
- Calderon: yes
- Elhawary: yes
- Wilson: yes
- Carrillo: yes
- Bains: yes
- Ransom: yes
- Soria: yes
- Michelle Rodriguez: yes
- Berman: yes
- Valencia: yes
- Wicks: yes
- Celeste Rodriguez: yes
- Arambula: yes
- Connolly: yes
- Schultz: yes
- Bauer-Kahan: yes
- Bennett: yes
- Papan: yes
- Schiavo: yes
- Bonta: yes
- Ávila Farías: yes
- Aguiar-Curry: yes
- Jeff Gonzalez: yes
- Pacheco: yes
- Boerner: yes
- Alvarez: yes
- Castillo: yes
- Lee: yes
- Alanis: yes
- Wallis: yes
- Patterson: yes
- Stefani: yes
- Caloza: yes
- Hoover: yes
- Sharp-Collins: yes
- Nguyen: yes
- Ortega: yes
- Solache: yes
- Lowenthal: yes
- Blanca Rubio: yes
- Jackson: yes
- Bryan: yes
- Gallagher: yes
- Petrie-Norris: yes
- Harabedian: yes
- Gabriel: yes
- Ellis: yes
- Zbur: yes
- Davies: yes
- McKinnor: yes
- Pellerin: yes
- Muratsuchi: yes
- Hadwick: yes
- Krell: yes
- Irwin: yes
- Lackey: yes
- Ramos: yes
- Patel: yes
- Kalra: yes
- Sanchez: yes
- Rivas: yes
- Chen: yes
- Flora: yes
- Garcia: yes
- Macedo: other
- Ta: other
- Tangipa: other
- DeMaio: other
Unfinished Business SB378 Wiener Concurrence
2025-09-13 · pass · 32-0
Member-level votes (40)
- Jones: yes
- Richardson: yes
- Menjivar: yes
- Pérez: yes
- Stern: yes
- Smallwood-Cuevas: yes
- Wahab: yes
- Limón: yes
- Padilla: yes
- Grayson: yes
- Caballero: yes
- Cortese: yes
- Reyes: yes
- Gonzalez: yes
- Grove: yes
- Hurtado: yes
- Strickland: yes
- Becker: yes
- Ashby: yes
- Seyarto: yes
- Allen: yes
- McGuire: yes
- McNerney: yes
- Archuleta: yes
- Blakespear: yes
- Wiener: yes
- Niello: yes
- Arreguín: yes
- Cervantes: yes
- Umberg: yes
- Cabaldon: yes
- Durazo: yes
- Choi: other
- Rubio: other
- Laird: other
- Dahle: other
- Valladares: other
- Weber Pierson: other
- Ochoa Bogh: other
- Alvarado-Gil: other

Related bills

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Official source

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB378

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