This bill is part of the 2021 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
AB 1305 (Lackey R) The Medicinal and Adult-Use Cannabis Regulation and Safety Act: exemption for DEA-approved commercial cannabis activity.
Existing federal law, the Controlled Substances Act, classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act generally prohibits commercial cannabis activity, but authorizes the cultivation and distribution of cannabis for research purposes, as specified, pursuant to a registration with the United States Drug Enforcement Administration (DEA), as specified.
This bill would exempt from MAUCRSA activity performed pursuant to that DEA registration if the person engaging in the activity provides the licensing authority valid documentation of their registration with DEA and the location where the activity will be performed prior to engaging in the activity.
Under existing law, MAUCRSA exempts from its regulation any product containing cannabidiols that is approved by the federal Food and Drug Administration, has either been placed on a schedule of the federal Controlled Substances Act other than Schedule I or is exempted from that act, and is intended for prescribed use for the treatment of a medical condition.
This bill would broaden that exemption to apply to any product containing cannabinoids that meets those requirements.
AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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