California Emergency Licensing Regulations for Medicinal and Adult-Use Cannabis

Bureau Cannabis Control

California’s three state cannabis licensing authorities have proposed emergency licensing regulations for commercial medicinal and adult-use cannabis.  The Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Public Health’s Manufactured Cannabis Safety Branch, and the Department of Food and Agriculture’s CalCannabis Cultivation Licensing Division each developed the new regulations to reflect the law defined in California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

The regulations and their summaries are provided here:

Bureau of Cannabis Control Emergency Regulations

CA Department of Food and Agriculture Emergency Regulations

CA Department of Public Health Emergency Regulations

On June 27, 2017, the California Governor signed MAUCRSA, which creates one regulatory system for both medicinal and adult-use cannabis.  Prior to that law’s passage, state licensing authorities had released proposed regulations to govern the implementation of the Medical Cannabis Regulation and Safety Act (MCRSA).  (Read more about state cannabis law at California Cannabis Law.)  The public hearings and comments from a broad cross section of stakeholders that were informing that regulatory process have also been taken into consideration in the drafting of these proposed emergency regulations.

The licensing authorities expect the emergency regulations to be effective in December 2017.  The implementation date for the issuance of the state commercial cannabis licenses remains the same: January 1, 2018.  However, California will only be able to license those businesses that are in compliance will all local laws.

In addition, the Business, Consumer Services and Housing Agency will hold a workshop with state-chartered banks and credit unions next month to discuss regulatory and compliance issues, as well as potential approaches to banking cannabis-related businesses.

Contact us to learn more about California state or local cannabis regulations, cannabis regulatory compliance, and cannabis litigation.

California Draft Medical Cannabis Regulations Withdrawn

Bureau Cannabis Control

California’s three cannabis licensing authorities have announced the official withdrawal of the draft medical cannabis regulations and will develop emergency regulations based on new laws passed this year.

The California Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Food and Agriculture, and the Department of Public Health released draft regulations for the Medical Cannabis Regulation and Safety Act of 2015 (MCRSA).  These licensing authorities held several public hearings to accept verbal and written comments regarding the draft regulations.   The licensing authorities had planned to move forward with a separate draft regulatory package for the implementation of California Proposition 64: The Adult Use of Marijuana Act of 2016 (AUMA).  However, in late June, the Legislature passed and the Governor signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA, also known as Senate Bill 94), which created one regulatory system for both medicinal and adult-use cannabis.  (Read more about state cannabis law at California Cannabis Law.)  As a result, the licensing authorities will withdraw the proposed medical cannabis regulations noticed for public comment on April 28, 2017, and May 5, 2017.

The three cannabis licensing authorities are in the process of drafting emergency regulations based on the new law for the commercial medicinal and adult-use cannabis industries.  The licensing authorities will consider the public comments received on the draft medical cannabis regulations and use the feedback to inform the draft emergency regulations.  The emergency regulations are expected to be published in November 2017.