One of many extra clear elements about hashish legislation in California is age limitations. Folks can solely enter dispensaries if they’re 21 or up (for adult-use leisure prospects) or 18 or up (for medical prospects). The state affirmatively obligates retail licensees to confirm that prospects are the suitable age earlier than even letting them right into a dispensary.
Gross sales of hashish to minors can result in severe penalties for hashish licensees. Our hashish legal professionals in different states have seen enforcement actions primarily based on minor gross sales earlier than, so we solely count on them to extend sooner or later. On this put up, we’ll have a look at how the businesses will finally be capable of implement minor-sales prohibitions in California.
What is going to inevitably occur (if it isn’t already occurring) in California is that legislation enforcement will use “minor decoys” to confirm compliance with age verification guidelines. The idea of minor decoys is definitely baked into the Bureau of Hashish Management (BCC) rules. Particularly, legislation enforcement might use individuals beneath 21 to “try and buy hashish items, for the needs of imposing [state law], and to apprehend licensees, staff, or brokers of licensees who promote hashish items to minors.”
That mentioned, legislation enforcement’s fingers are tied to some extent in how they will use minor decoys. For instance:
- On the time of any operation, a minor decoy should be not less than 20 years outdated. Utilizing a decoy who is eighteen or 19 nonetheless is not going to be permitted. This in the end implies that it will likely be rather more tough for legislation enforcement to show that somebody is just not imposing medical age verification guidelines that permit 18-year-old prospects into dispensaries, provided that individuals beneath 18 couldn’t function decoys.
- Decoys should carry their very own government-issued identification with their right birthday or no identification in any respect. If the decoy is requested for his or her identification, they’ve to present it to the vendor. This implies too that decoys can’t current “faux” types of identification. If these guidelines are adopted actually, then sellers ought to solely violate the principles in the event that they fail to ask for ID, fail to correctly learn ID, or simply ignore the ID altogether.
- Decoy are required to reply honestly any questions on their age. Right here too, the principles appear to forestall decoys from making an attempt to bait a licensee into non-compliance with dishonesty.
These should not the entire necessities relevant to minor decoys, however the main ones. Whereas this type of enforcement will inevitably be used, legislation enforcement must comply with not less than these procedures outlined above. In the event that they don’t, then penalized licensees might have grounds to contest any type of penalty or positive imposed on them by the state hashish businesses (although it’s a bit much less clear whether or not that might function a defend from any form of prosecution).
As we’ve mentioned for a very long time, enforcement is inevitable in hashish. Keep tuned to the Canna Regulation Weblog for extra developments on California’s enforcement regime.