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CA SB378

CA SB378
Online marketplaces: illicit cannabis: reporting and liability.


summary

Introduced
02/13/2025
In Committee
08/29/2025
Crossed Over
06/03/2025
Passed
10/06/2025
Dead
Signed/Enacted/Adopted
10/06/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to add Chapter 31.3 (commencing with Section 22943) and Chapter 31.4 (commencing with Section 22944) to Division 8 of the Business and Professions Code, and to add Section 1714.47 to the Civil Code, relating to cannabis.

AI Summary

This bill establishes comprehensive regulations for online cannabis and hemp marketplaces, targeting the proliferation of unlicensed and potentially dangerous cannabis and hemp product sales. Beginning July 1, 2026, online marketplaces will be required to implement a clear reporting mechanism that allows individuals to flag advertisements from unlicensed sellers, with mandatory steps including providing written confirmation of reports within 36 hours, periodic updates, and a final determination within 30 days. The bill imposes significant penalties for non-compliance, including civil penalties up to $10,000 per violation and potential joint and several liability for damages caused by unlicensed sellers. Online marketplaces must also disclose in their terms of service whether they permit advertisements from unlicensed sellers and whether they verify seller licenses. For cannabis marketplaces, platforms that do not verify licenses must display a clear warning to consumers about potential unlicensed sellers. The legislation provides additional protections for consumers, particularly children, by allowing increased damages in cases involving harm to minors and establishing affirmative defenses for marketplaces that can demonstrate proactive measures to prevent unlicensed sales. The bill aims to combat the black market cannabis trade by creating accountability for online platforms that facilitate sales of unregulated products.

Committee Categories

Budget and Finance, Business and Industry, Justice

Sponsors (1)

Last Action

Chaptered by Secretary of State. Chapter 411, Statutes of 2025. (on 10/06/2025)

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