CA LICENSE AUTHORITIES RELEASE EMERGENCY MEDICINAL AND ADULT-USE CANNABIS REGULATIONS

November 16 – California’s three state cannabis licensing authorities announced today that proposed emergency licensing regulations for commercial medicinal and adult-use cannabis have been posted online and are available to the public for review.

The Department of Consumer Affairs’ Bureau of Cannabis Control, Department of Public Health’s Manufactured Cannabis Safety Branch, and 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 can be viewed by clicking the following links:

Bureau of Cannabis Control:
www.bcc.ca.gov/law_regs/bcc_prop_text_reg.pdf
http://www.bcc.ca.gov/law_regs/bcc_fact_sheet.pdf

CA Department of Food and Agriculture:
www.bcc.ca.gov/law_regs/cdfa_prop_text_emerg_reg.pdf
www.bcc.ca.gov/law_regs/cdfa_fact_sheet.pdf

CA Department of Public Health:
http://www.bcc.ca.gov/law_regs/cdph_prop_text_emerg_reg.pdf
http://www.bcc.ca.gov/law_regs/cdph_sum_emerg_reg.pdf

On June 27, 2017, the 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. 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.

For additional information about the proposed regulations, or to subscribe to email alerts to hear about updates as they become available, visit - http://www.bcc.ca.gov/.

For information on all three licensing authorities, please visit the state’s cannabis web portal – cannabis.ca.gov. Follow the Bureau on Facebook, Twitter and Instagram for daily news and updates.

PUBLIC COMMENT

Government Code section 11346.1(a)(2), and California Code of Regulations, Title 1, section 48, requires that, at least five (5) working days prior to submission of the proposed emergency action to the Office of Administrative Law (OAL), the Bureau provided to every person who has filed a request for notice of regulatory action with the Bureau. After submission of the proposed emergency to OAL, any interested person will have five calendar days to submit related comments to OAL as set forth in Government Code section 11349.6. Also upon submission, OAL will have 10 calendar days within which to review and make a decision on the proposed adoption.

If you wish to comment on this proposed adoption of these emergency regulations, you must submit your comment directly to OAL within five calendar days of OAL’s posting of the proposed adoption on their website. You may submit comments on the proposed adoption to OAL at:

Office of Administrative Law
OAL Reference Attorney
300 Capital Mall, Suite 1250
Sacramento, CA 95814
E-mail: staff@oal.ca.gov

When you submit a comment to OAL, you must also submit a copy of your comment simultaneously to the Bureau:

Bureau of Cannabis Control
1625 North Market Blvd., Suite S-202
Sacramento, CA 95834
E-mail: BCC.comments@dca.ca.gov

OAL will confirm that the Bureau has received the comment before considering it. Pursuant to California Code of Regulations, Title 1, section 55(b)(1) through (4), the comment must state that it is about an emergency regulation currently under OAL review, and include the topic of the emergency.

Adoption of emergency regulations does not require response to comments. Any responses to comments from the Bureau will be submitted to OAL within eight (8) calendar days following the date of submission of the proposed emergency regulation to OAL, unless specific exceptions are applicable.

Inquiries concerning the proposed administrative action may be directed to:
CJ Croyts-Schooley
Phone: (916) 574-8690
Email

The backup contact person for these inquiries is:
Ashlynn Blackshire
Phone: (916) 574-7595
Email

ENVIRONMENTAL IMPACT REPORT

Also, the final Program Environmental Impact Report on Cannabis Cultivation in CA has been issued.