California Cannabis Laws and Regulations: 2019 Edition

By Omar Figueroa

In this book, updated for 2019, you’ll find:

• A complete compendium of California laws applicable to cannabis and hemp
• The final permanent regulations issued by the California Department of Food and Agriculture
• The final permanent regulations issued by the Bureau of Cannabis Control
• The final perm

• Language: English
• Publisher: Lux Law Publishing
• Release date: Mar 31, 2019
• ISBN: 9780998421544

Book preview

California Cannabis Laws and Regulations

©2019 Omar Figueroa, All rights reserved.

ISBN 978-0-9984215-3-7

ISBN 978-0-9984215-4-4 (e-book)

Disclaimer

This publication has been created to provide you with accurate and authoritative information concerning California cannabis laws and regulations. It is sold with the understanding that the publisher is not engaged in rendering legal or other professional services. This publication is not a substitute for legal advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

The law is ever changing and sometimes errors happen even with careful attention to detail. Although this publication is designed to aid in the research and practice of cannabis law, it is recommended that you cross check the California Legislature website for any change in the law. The URL for the Legislature’s website is:

http://leginfo.legislature.ca.gov/faces/codes.xhtml

Because California’s cannabis regulations are also evolving, please check for the latest regulatory updates at the California Cannabis Portal:

http://cannabis.ca.gov

Also, please keep yourself informed by purchasing the most up-to-date edition of this publication as it comes available.

Colophon

Author: Omar Figueroa, Esq.

Legal and Research Assistant: Tina S. Smith, J.D.

Text Design: Jocelyn Bergen

Cover Design: Ophelia Chong

Cover Image: Vivian Shih

Published by Lux Law Publishing

Preface

California cannabis law has greatly expanded in the past few years. After California voters legalized cannabis for adults ages 21 and older with the passage of Proposition 64 in 2016, the Legislature merged adult use and medical cannabis laws to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) in 2017. The MAUCRSA regulatory framework created three regulatory agencies for different parts of the cannabis supply chain, and these agencies promulgated emergency regulations as an initial step in the regulatory rulemaking process. The regulatory rulemaking process included public hearings, public comment, and review by the Office of Administrative Law, and it is now complete in 2019, meaning the final permanent regulations are in effect.

This book fulfills an unmet need for a comprehensive reference volume containing California’s cannabis laws and regulations, updated for 2019. All of the relevant code sections pertaining to cannabis law in California have been arranged into this comprehensive reference work. Notably, the relevant code sections can be easily found with the annotated table of contents, with detailed section descriptors summarizing the contents of each code section. Of course, the final permanent regulations are included. Finally, a handy Index makes it easy to pinpoint the relevant law or regulation.

Why is such a book necessary in this day of free online access to California’s codes and regulations? Because MAUCRSA did not create a legal tabula rasa by repealing all former cannabis laws and establishing a new legal order. Instead, MAUCRSA changed and augmented existing laws, making California cannabis laws even more byzantine than before.

It was not always this way. Cannabis was legal in California until 1913, when the Poison Act was amended to outlaw narcotic preparations of hemp or loco-weed. (At that point, it was legal under federal law.) In the 1950’s, possession was escalated to a felony with mandatory jail. The madness continued until 1976, when the Legislature decriminalized possession of small quantities of marijuana with the Moscone Act. Nevertheless, the cultivation of a single plant, and the sale or possession for sale of any amount, remained non-reducible felonies under California law for decades.

On November 5, 1996, California voters approved Proposition 215, the Compassionate Use Act (CUA), making California the first state in the United States to legalize the possession and cultivation of medical cannabis by patients and primary caregivers. For the first time in nearly a century, patients were allowed to use medical cannabis for the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

Senate Bill 420 was passed in 2003, and became effective on January 1, 2004, establishing a voluntary program for the issuance of official identification cards to qualified medical cannabis patients and caregivers. SB 420 also purported to establish default limits of no more than eight ounces of dried processed flowers per qualified patient and no more than six mature or 12 immature marijuana plants per qualified patient; these limits were subsequently struck down by the California Supreme Court as unconstitutional legislative amendments to Proposition 215, to the extent that they burden an accused’s defense. SB 420 also established a medical defense for qualified patients and caregivers who associate in order collectively or cooperatively to cultivate cannabis for medical purposes. The era of collectives and cooperatives was born and lasted until January 9, 2019, when Health and Safety Code Section 11362.775 was repealed. In 2010, Governor Schwarzenegger signed Senate Bill 1449, which reclassified possession of up to 28.5 grams of marijuana from a no jail misdemeanor punishable by a $100 maximum fine, to an infraction with the same lenient penalties, but without the right to a jury trial afforded to misdemeanor defendants by the California Constitution.

The Medical Marijuana Regulation and Safety Act (with the unfortunate acronym MMRSA) was passed on September 11, 2015, and went into effect on January 1, 2016. It first consisted of three bills: SB 643, AB 266, and AB 243. They established a new regulatory agency, the Bureau of Medical Marijuana Regulation (BMMR, pronounced bummer), created a regulatory framework with a dual licensing system requiring local permits and state licenses, and added a sunset clause to the collective and cooperative defense. Within the next year, more legislation was added, which resulted in numerous changes including a renamed Medical Cannabis Regulation and Safety Act (MCRSA) and Bureau of Medical Cannabis Regulation (BMCR).

On November 8, 2016, the California voters approved the Adult Use of Marijuana Act (AUMA), which officially went into effect the next day. AUMA partially legalized marijuana under state law by adults 21 and older, allowing adults to legally grow, possess, and use small quantities of marijuana for non-medical purposes. It also reduced the severity of, and penalties for, many cannabis-related offenses, and established a regulatory framework for non-medical adult-use cannabis similar to the MCRSA framework.

Finally, the laws governing medical and recreational cannabis were merged together by the legislature to create the Medicinal and Adult-Use Cannabis Regulation and Safety act (MAUCRSA). MAUCRSA set forth a comprehensive regulatory framework with different license types overseen by different regulatory agencies. First, cultivation activities are licensed and regulated by Cal Cannabis Cultivation Licensing within the California Department of Food and Agriculture. Second, manufacturing is licensed and regulated by the Manufactured Cannabis Safety Branch within the Department of Public Health. Finally, distribution, laboratory testing, retail (both storefront and delivery-only), microbusinesses, and cannabis events are overseen by the Bureau of Cannabis Control within the Department of Consumer Affairs. These agencies promulgated emergency regulations which became effective on January 1, 2018, and evolved over time, until the final permanent regulations were approved by the Office of Administrative Law on January 16, 2019.

The goal of this publication is to combine all relevant cannabis laws and regulations into a user-friendly guide that can be used by cannabis professionals, scholars, and entrepreneurs. We hope you find California Cannabis Laws and Regulations to be an indispensable tool in your library.

Because California law is rapidly evolving, we suggest that readers check for the latest changes, amendments, and updates at the California Legislature’s web site:

http://leginfo.legislature.ca.gov/faces/codes.xhtml

Because California’s cannabis regulations are also evolving, please also check for the latest regulatory updates at the California Cannabis Portal:

http://cannabis.ca.gov

A Word About Legal Taxonomy

In order to get the most out of this resource, it’s helpful to know the legal classification of California’s laws. The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The California Codes are organized by subject matter, such as the Business and Professions Code, the Health and Safety Code, and the Vehicle Code. Codes are divided into Titles, which are numbered and cover a broad area of law within that subject matter. Titles are further broken down into numbered Divisions which cover a narrow area of law within that Title. Divisions are broken down into Parts, followed by Chapters, then Articles, and finally into individual Sections. A law is most typically referred to in the California Courts by its Code name and Section number (for example, Health and Safety Code Section 11362.5).

Contents at a Glance

PART 1: LAWS

I. Business and Professions Code Sections

II. Civil Code Sections

III. Evidence Code Sections

IV. Fish and Game Code Sections

V. Food and Agricultural Code Sections

VI. Government Code Sections

VII. Health and Safety Code Sections

VIII. Labor Code Sections

IX. Penal Code Sections

X. Revenue and Taxation Code Sections

XI. Vehicle Code Sections

XII. Water Code Sections

PART 2: REGULATIONS

I. Title 3. Food and Agriculture

Division 8. Cannabis Cultivation

Chapter 1. Cannabis Cultivation Program

II. Title 16. Professional and Vocational Regulations

Division 42. Bureau of Cannabis Control

III. Title 17. Public Health

Division 1. State Department of Health Services

Chapter 13. Manufactured Cannabis Safety

Table of Contents

Part 1: Laws

I. Business and Professions Code Sections

DIVISION 6. BUSINESS RIGHTS

Chapter 3. Trade Names and Designations

ARTICLE 3. FARM NAMES

DIVISION 9. ALCOHOLIC BEVERAGES

MEDICINAL AND ADULT-USE CANNABIS REGULATION AND SAFETY ACT

DIVISION 10. CANNABIS

Chapter 1. General Provisions and Definitions

Chapter 2. Administration

Chapter 3. Enforcement

Chapter 4. Appeals

Chapter 5. Licensing

Chapter 6. Licensed Cultivation Sites

Chapter 6.5. Unique Identifiers and Track and Trace

Chapter 7. Retailers and Distributors

Chapter 8. Distribution and Transport

Chapter 9. Delivery

Chapter 10. Testing Laboratories

Chapter 11. Quality Assurance, Inspection, and Testing

Chapter 12. Packaging and Labeling

Chapter 13. Manufacturers and Cannabis Products

Chapter 14. Protection of Minors

Chapter 15. Advertising and Marketing Restrictions

Chapter 16. Records

Chapter 18. License Fees

Chapter 19. Annual Reports; Performance Audit

Chapter 20. Local Control

Chapter 21. Funding

Chapter 22. Cannabis Cooperative Associations

ARTICLE 1. DEFINITIONS

ARTICLE 2. GENERAL PROVISIONS

ARTICLE 3. PURPOSES

ARTICLE 4. ARTICLES OF INCORPORATION

ARTICLE 5. BYLAWS

ARTICLE 6. DIRECTORS AND MANAGEMENT

ARTICLE 7. POWERS

ARTICLE 8. FINANCIAL PROVISIONS

ARTICLE 9. MEMBERS

ARTICLE 10. MARKETING CONTRACTS

ARTICLE 11. REORGANIZATION OF CORPORATIONS ORGANIZED PURSUANT TO OTHER LAWS

Chapter 23. The California Cannabis Equity Act

II. Civil Code Sections

III. Evidence Code Sections

IV. Fish and Game Code Sections

V. Food and Agricultural Code Sections

DIVISION 20. PROCESSORS, STORES, DEALERS, AND DISTRIBUTORS OF AGRICULTURAL PRODUCTS

Chapter 6. Processors of Farm Products

ARTICLE 9. PRODUCER’S LIEN

DIVISION 24. INDUSTRIAL HEMP

VI. Government Code Sections

VII. Health and Safety Code Sections

VIII. Labor Code Sections

IX. Penal Code Sections

X. Revenue and Taxation Code Sections

XI. Vehicle Code Sections

XII. Water Code Sections

Table of Contents

Part 2: Regulations

TITLE 3. FOOD AND AGRICULTURE

DIVISION 8. CANNABIS CULTIVATION

Chapter 1.Cannabis Cultivation Program

ARTICLE 1. DEFINITIONS

ARTICLE 2. APPLICATIONS

ARTICLE 3. CULTIVATION LICENSE FEES AND REQUIREMENTS

ARTICLE 4. CULTIVATION SITE REQUIREMENTS

ARTICLE 5. RECORDS AND REPORTING

ARTICLE 6. INSPECTIONS, INVESTIGATIONS, AND AUDITS

ARTICLE 7. ENFORCEMENT

TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS

DIVISION 42. BUREAU OF CANNABIS CONTROL

Chapter 1. All Bureau Licensees

ARTICLE 1. DIVISION DEFINITIONS

ARTICLE 2. APPLICATIONS

ARTICLE 3. LICENSING

ARTICLE 4. POSTING AND ADVERTISING

ARTICLE 5. SECURITY MEASURES.

ARTICLE 6. TRACK AND TRACE REQUIREMENTS

ARTICLE 7. RETURNS AND DESTRUCTION

Chapter 2. Distributors

Chapter 3. Retailers

Chapter 4. Microbusiness

Chapter 5. Cannabis Events

Chapter 6. Testing Laboratories

ARTICLE 1. CHAPTER DEFINITIONS

ARTICLE 2. LABORATORY LICENSE

ARTICLE 3. SAMPLING CANNABIS AND CANNABIS PRODUCTS

ARTICLE 4. STANDARD OPERATING PROCEDURES

ARTICLE 5. LABORATORY TESTING AND REPORTING

ARTICLE 6. POST TESTING PROCEDURES

ARTICLE 7. LABORATORY QUALITY ASSURANCE AND QUALITY CONTROL

ARTICLE 8. LABORATORY EMPLOYEE QUALIFICATIONS

ARTICLE 9. RECORD RETENTION

Chapter 7. Enforcement

Chapter 8. Other Provisions

ARTICLE 1. RESEARCH FUNDING

Title 17. Public Health

DIVISION 1. STATE DEPARTMENT OF HEALTH SERVICES

Chapter 13. Manufactured Cannabis Safety

SUBCHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

ARTICLE 1. DEFINITIONS

ARTICLE 2. GENERAL PROVISIONS

SUBCHAPTER 2. MANUFACTURING LICENSES

ARTICLE 1. APPLICATIONS FOR LICENSURE

ARTICLE 3. FEES

ARTICLE 4. APPROVAL OR DENIAL OF APPLICATION FOR LICENSURE

ARTICLE 5. LICENSING

ARTICLE 6. SHARED-USE FACILITIES

Subchapter 3. Requirements of Operation

ARTICLE 1. SAFETY AND SECURITY

ARTICLE 2. EXTRACTIONS

ARTICLE 3. GOOD MANUFACTURING PRACTICES

ARTICLE 5. SPECIAL PROCESSING REQUIREMENTS

ARTICLE 6. OTHER RESPONSIBILITIES

SUBCHAPTER 4. PRODUCTS

ARTICLE 1. CANNABIS PRODUCT STANDARDS

ARTICLE 2. CANNABINOID CONCENTRATION LIMITS

ARTICLE 3. FAILED PRODUCT BATCHES

SUBCHAPTER 5. LABELING AND PACKAGING REQUIREMENTS

ARTICLE 1. GENERAL PROVISIONS

ARTICLE 2. LABELING REQUIREMENTS

ARTICLE 3. PACKAGING

Subchapter 6. Compliance

ARTICLE 1. RECORDS

ARTICLE 2. TRACK-AND-TRACE SYSTEM

ARTICLE 3. ADVERTISING AND MARKETING

ARTICLE 4. INSPECTIONS

ARTICLE 5. SUSPENSIONS AND REVOCATIONS OF A LICENSE

SUBCHAPTER 7. TRANSITIONAL PERIOD [REPEALED]