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CaliforniaSB 3782025-2026 Regular SessionSenateWALLET

Online marketplaces: illicit cannabis: reporting and liability.

Sponsored By: Scott Wiener (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Clear warnings and license checks for shoppers

Beginning July 1, 2026, online marketplaces must say in their terms if they allow unlicensed sellers and if they check DCC licenses. If they do not verify before showing ads or business info, they must show a clear click‑through warning that sellers may be unlicensed. Anyone who finds a missing warning can sue and seek lawyers’ fees and up to $250,000 in penalties. If a marketplace violates a court order on these duties, it can be barred from operating in California until a receiver confirms compliance, and face up to $500,000 in penalties.

Marketplaces liable for unlawful cannabis ads

Beginning July 1, 2026, marketplaces cannot run paid online ads that support unlicensed cannabis or intoxicating hemp sellers. If such paid ads are a substantial factor in an illegal sale, the marketplace is jointly liable for all harm from ingesting the product. Courts can award up to 2x damages when the marketplace knew, and up to 3x if a child is harmed; a report can show knowledge. Marketplaces have defenses if they prove strong license checks, a valid seller license at sale, no custody of the product, relied on clear “THC‑free” or “nonintoxicating” hemp claims, or fixed issues within 48 hours. A marketplace can seek money back from advertisers who lied about their license or about hemp being nonintoxicating.

Report illegal cannabis or hemp ads

Starting July 1, 2026, marketplaces must offer an easy online tool for anyone to report unlicensed cannabis sellers or intoxicating hemp ads. The site must confirm within 36 hours, give a first update within 14 days, and then updates every 14 days. A human must review each report, with a final decision in 30 days, or 60 days with a 48‑hour delay notice. Anyone can sue for violations and get lawyers’ fees, damages, and up to $10,000 per violation per day. No suit on timing if the site removes the reported content within 48 hours.

Sponsors & Cosponsors

Sponsor

  • Scott Wiener

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

Senate vote • 9/13/2025

Item 169 — Senate SFLOOR

Yes: 32 • No: 0

House vote • 9/12/2025

Item 47 — Assembly AFLOOR

Yes: 76 • No: 0

legislature vote • 8/29/2025

Vote in CX25

Yes: 11 • No: 0

legislature vote • 7/15/2025

Vote in CX13

Yes: 11 • No: 0

legislature vote • 7/8/2025

Vote in CX32

Yes: 13 • No: 0

legislature vote • 7/1/2025

Vote in CX33

Yes: 16 • No: 0

Senate vote • 6/3/2025

Item 137 — Senate SFLOOR

Yes: 37 • No: 0

legislature vote • 5/23/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote • 5/12/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote • 4/29/2025

Vote in CS53

Yes: 13 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State. Chapter 411, Statutes of 2025.

    10/6/2025Senate

  2. Approved by the Governor.

    10/6/2025legislature

  3. Enrolled and presented to the Governor at 2 p.m.

    9/23/2025legislature

  4. Assembly amendments concurred in. (Ayes 32. Noes 0. Page 3061.) Ordered to engrossing and enrolling.

    9/13/2025Senate

  5. In Senate. Concurrence in Assembly amendments pending.

    9/13/2025Senate

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 3416.) Ordered to the Senate.

    9/12/2025House

  7. Assembly Rule 69(b)(1) suspended.

    9/5/2025House

  8. Ordered to third reading.

    9/5/2025House

  9. Read third time and amended.

    9/5/2025House

  10. Read second time. Ordered to third reading.

    9/3/2025House

  11. Read second time and amended. Ordered to second reading.

    9/2/2025House

  12. From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).

    8/29/2025House

  13. August 20 set for first hearing. Placed on APPR. suspense file.

    8/20/2025House

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 15). Re-referred to Com. on APPR.

    7/16/2025House

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

    7/9/2025House

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on JUD.

    7/9/2025House

  17. 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.

    7/1/2025House

  18. Referred to Coms. on B. & P., P. & C.P., and JUD.

    6/9/2025House

  19. In Assembly. Read first time. Held at Desk.

    6/4/2025House

  20. Read third time. Passed. (Ayes 37. Noes 0. Page 1451.) Ordered to the Assembly.

    6/3/2025Senate

  21. Read second time. Ordered to third reading.

    6/2/2025Senate

  22. Ordered to second reading.

    5/29/2025Senate

  23. Read third time and amended.

    5/29/2025Senate

  24. Read second time. Ordered to third reading.

    5/27/2025Senate

  25. Read second time and amended. Ordered to second reading.

    5/23/2025Senate

Bill Text

  • Chaptered

    10/6/2025

    HTML

  • Enrolled

    9/17/2025

    HTML

  • Amended Assembly

    9/5/2025

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  • Amended Assembly

    9/2/2025

    HTML

  • Amended Assembly

    7/9/2025

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  • Amended Senate

    5/29/2025

    HTML

  • Amended Senate

    5/23/2025

    HTML

  • Amended Senate

    5/1/2025

    HTML

  • Amended Senate

    3/26/2025

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  • Introduced

    2/13/2025

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