CA Cannabis Regulations
The State of CA has adopted the following legislation and regulations creating the legal framework for the cannabis industry:
CA Medical Cannabis Regulations and Safety Act (MCRSA) - The MCRSA, adopted in October 2015, created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. The MCRSA is comprised of three bills: AB 243, AB 266, and SB 643.
Proposition 64 - Proposition 64, commonly referred to as the "Adult Use of Marijuana Act (AUMA)," was passed by the voters of CA in November 2016. The AUMA legalized the personal, recreation use of marijuana by adults over the age of 21. The AUMA did not change what is permitted or allowed under the MCRSA. The full text of Proposition 64 is available HERE.
Senate Bill 94 (SB 94) - SB 94, commonly referred to as the "Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)," adopted in June 2017, repealed the MCRSA and consolidated the licensing requirements for medicinal- and adult-use cannabis into one set of regulations. The full text of SB 94 is available HERE.
Cannabis Regulations - In order to implement SB 94 within the time frame established, the State approved emergency regulations for Medicinal and Adult-Use Cannabis Activities. The regulations are required to go through the formal rulemaking process prior to June 6, 2018.
The regulations are discussed in more detail below:
At the State level, there are three agencies tasked with licensing and regulating commercial cannabis activity in CA and each have developed emergency regulations for the activities they are responsible for.
- Bureau of Cannabis Control (BCC) - www.bcc.ca.gov/
The BCC is responsible for cannabis retailers, distributors, microbusiness, and testing laboratories. The regulations are available HERE.
- CA Dept. of Public Health Manufactured Cannabis Safety Branch (MCSB) - www.cdph.ca.gov/mcsb
The MCSB is responsible for the regulation of manufacturers. The emergency regulations are available HERE.
- CA Dept. of Food and Agriculture Cannabis Cultivation Licensing (CalCannabis) - www.calcannabis.cdfa.ca.gov
The Dept. of Food and Ag is responsible for regulating cultivation and managing the track-and-trace system. The emergency regulations are available HERE.