Cannabis Enforcement Accountability and Public Health Prioritization Act of 2026.
What changed between versions
A January 1, 2028 start date was added for the department's obligation to prioritize enforcement under the risk-based framework and to adopt and publish an enforcement prioritization policy. The Assembly version had no explicit start date.
The existing Section 26190 annual reporting provision was given a sunset date of January 1, 2028, at which point it is repealed. A new Section 26190 with substantially the same reporting requirements becomes operative on January 1, 2028, creating a clean transition.
The definition of 'risk of harm' was changed from conduct that is 'reasonably expected to do' certain things to simply 'the likelihood of' those things occurring, lowering the threshold for what qualifies as a risk of harm.
'Minor violation' was broadened from being limited to 'a technical or administrative violation' to any 'conduct or conditions prohibited by this division and applicable regulations that create a negligible risk of harm, including, but not limited to, technical or administrative violations.'
'Serious violation' threshold was lowered by removing 'serious or' before 'significant risk of harm,' so now only 'significant risk of harm' is required.
The serious violation categories were consolidated: the Assembly version listed separate categories for unlicensed retail sale/delivery, unlicensed synthetic cannabinoid distribution/manufacture, and unlicensed cultivation causing environmental degradation. The Senate version merges all unlicensed person activity into a single category: 'Unlicensed persons engaging in commercial cannabis activity.'
The enforcement prioritization policy requirement was changed from requiring the policy to 'establish risk-based enforcement categories' (which are now defined in statute) to requiring it to 'establish the enforcement and disciplinary actions for each category of violation in paragraph (1).'