The Cannabis Corporate Law Firm makes regular presentations to industry professionals throughout California.   Please note that the presentations below are protected by copyright.

Overview of Commercial Cannabis Rules and Regulations in California

California Cultivation Compliance:  The Rules You Need to Know

Outside the Garden:  Compliance, Marketing & Lending

Retail Taxation and Examples

We have compiled some of the most relevant laws, regulations, and resources for our clients in the cannabis and medical marijuana industry. Nothing in these links is intended to convey legal advice. Please contact our office to schedule an appointment to discuss your specific needs and to learn more about the various marijuana laws, regulations and ordinances throughout California.

When the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), also known as Senate Bill 94 (SB94), was enacted on June 27, 2017, all prior regulations were pealed. California adopted emergency regulations in December 2017, readoped on June 4, 2018 and effective for 180 days thereafter.  Cal. Bus. & Prof Code §26013.  On July 13, 2018, California’s three cannabis agencies – the Bureau of  Cannabis Control, CalCannabis and the Manufactured Cannabis Safety Branch of the California Department of Public Health published proposed permanent regulations with the California Office of Administrative Law.  Public Comments will be accepted through 5:00 pm on August 27, 2018.

Below you will find pdf versions of the proposed permanent regulations, statement of initial decisions further explaining the need for the regulation and a summary sheet highlighting the differences between the current emergency regulations and the proposed permanent regulations.


Bureau of Cannabis Control:  regulates retail (store front and delivery services), distribution, microbusinesses, testing laboratories and events.

BCC Proposed Permanent Regulations

BCC Summary of Changes to Emergency Regulations Contained in Proposed Permanent Regulations

BCC Statement of Initial Reasons for Permanent Regulations

 


CalCannabis (Cultivation):
CalCannabis Proposed Permanent Regulations

CalCannabis Summary of Changes to Emergency Regulations Contained in Proposed Permanent Regulations

CAlCannabis Initial Statement of Reasons for Permanent Regulations

 


Manufactured Cannabis Safety Branch – California Department of Public Health:  regulates cannabis products such as edibles, oils, wax, budder, shatter, concentrates, isolates, distillates and tinctures.

Manufactured Cannabis Safety Branch Proposed Permanent Regulations

Manufactured Cannabis Safety Branch Summary of Proposed Changes to Emergency Regulations Contained in Proposed Permanent Regulations

Manufactured Cannabis Safety Branch Initial Statement of Reasons for Proposed Permanent Regulations

 


Other Regulations and Laws Pertaining to the Cannabis Industry:

Track and Trace Regulations

California has already selected its vendor for track and trace integration.  Metrc will be California’s exclusive track and trace program for the cannabis industry.

California Environmental Quality Act Compliance for Commercial Cannabis Activity:  https://www.cdfa.ca.gov/calcannabis/DraftPEIR.html

California State Water Resources Control Board:
https://www.waterboards.ca.gov/water_issues/programs/cannabis/

California Department of Fish and Wildlife:
https://www.wildlife.ca.gov/Conservation/Cannabis

County Specific Ordinances:

Irvine:

Long Beach:

Adelanto:

Cathedral City:

Lake Elsinore:

Palm Springs:

Desert Hot Springs:

San Jacinto: 

Santa Ana:

Los Angeles:

Sacramento:

California City:

Definitions for the Cannabis and Medical Marijuana Industry:

Cultivation – Under California Business & Professions Code §19300.5(l) cultivation is defined as: any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Nursery – Under California Business & Professions Code §19300.5(ab) a nursery is a specific type of license, defined as: a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical cannabis. Nurseries have different licenses than full scale cultivation operations.

Testing laboratory – Under California Business & Professions Code §19300.5(z) a testing laboratory is defined as: a facility, entity, or site in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state; and (2) Registered with the State Department of Public Health.

Manufacturing – Under California Business & Professions Code §19300.5(ae) “Manufacturing” is defined as: raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Distribution – Under California Business & Professions Code §19300.5(p) distribution is defined as: the procurement, sale, and transport of medical cannabis and medical cannabis products between entities licensed pursuant to California law.

Distributor – Under California Business & Professions Code §19300.5(q) distributor is defined as: a person licensed under this chapter to engage in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary.

Dispensaries – Under California Business & Professions Code §19300.5(n) dispensary is defined as: a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale.

Transport – Under California Business & Professions Code §19300.5(am) transport is defined as: the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to California law.

Transporter – Under California Business & Professions Code §19300.5(aa) a transporter is defined as: a person issued a state license by the bureau to transport medical cannabis or medical cannabis products in an amount above a threshold determined by the bureau between facilities that have been issued a state license pursuant to California law.

Regulations and Resources for the Marijuana Industry: