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BUREAU OF CANNABIS CONTROL

PROPOSED TEXT OF REGULATIONS

The following is new text to be added to the California Code of Regulations

CALIFORNIA CODE OF REGULATIONS

TITLE 16

DIVISION 42. BUREAU OF CANNABIS CONTROL

Chapter 1. ALL BUREAU LICENSEES

Article 1. Division Definitions

  • 5000. Definitions

For the purposes of this division, the definitions in this section shall govern the construction of this division unless otherwise indicated.

(a) “Act” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

(b) “Bureau” means the Bureau of Cannabis Control, previously named the Bureau of Marijuana Control, Bureau of Medical Cannabis Regulation, and Bureau of Medical Marijuana Regulation.

(c) “Cannabis goods” means cannabis, including dried flower, and products containing cannabis.

(d) “Cannabis waste” means waste that is not hazardous waste, as defined in Public Resources Code section 40141, that contains cannabis and that has been made unusable and unrecognizable in the manner prescribed in sections 5054 and 5055 of this division.

(e) “Canopy” means the designated area(s) at a licensed premise that will contain mature plants at any point in time.

(f) “Delivery employee” means an individual employed by a retailer who delivers cannabis goods from the retailer premises to a customer at a physical address.

(g) “Free cannabis goods” means any amount of cannabis goods provided to any person without cost or payment or exchange of any other thing of value.

(h) “Limited-access area” means an area in which cannabis goods are stored or held and is only accessible to a licensee and its employees and contractors.

(i) “Lot number” or “batch number” means a distinctive group of numbers, letters, or symbols or any combination of these that is unique to a group of cannabis goods. Bureau of Cannabis Control Emergency Regulation Text Page 1 of 115

(j) “Medicinal cannabis patient” includes a qualified patient as defined in Health and Safety Code section 11362.7 and a person in possession of a valid identification card issued under Health and Safety Code section 11362.71.

(k) “Nonvolatile solvent” means any solvent used in the extraction process that is not a volatile solvent. For purposes of this division, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.

(l) “Package” and “Packaging” means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. “Package” and “packaging” does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a licensee.

(m) “Publicly owned land” means any building or real property that is owned by a city, county, state, federal, or other government entity.

(n) “Residential area” is an area that is within 600-feet of any single-family or multifamily residence, other than commercial hotels, motels, and similar establishments for temporary lodging.

(o) “Retail area” means a building, room, or other area that is open to the public, upon the retailer premises in which cannabis goods are sold or displayed.

(p) “Security monitoring” means the continuous and uninterrupted attention to potential alarm signals that can be transmitted from a security alarm system for the purpose of summoning law enforcement.

(q) “Sublet” means to lease or rent all or part of a leased or rented property.

(r) “Transport” means the physical movement of cannabis goods from one licensed premises to another licensed premises.

(s) “Vehicle alarm system” is a device or series of devices installed to discourage theft of the vehicle or its contents and is intended to summon general attention or to summon law enforcement as a result of an indication of an attempted breach of the vehicle.

Authority: Section 26013, Business and Professions Code. Reference: Section 26013, Business and Professions Code.

California Legislative Information

CHAPTER 12. Packaging and Labeling [26120 – 26121]  ( Chapter 12 added November 8, 2016, by initiative Proposition 64, Sec. 6.1. )26120.

(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

(b) Packages and labels shall not be made to be attractive to children.

(c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the State Department of Public Health:

  • The following statements, in bold print:

(A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

(B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

(2) For packages containing only dried flower, the net weight of cannabis in the package.

(3) Identification of the source and date of cultivation, the type of cannabis or cannabis product and the date of manufacturing and packaging.

(4) The appellation of origin, if any.

(5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.

(6) A warning if nuts or other known allergens are used.

(7) Information associated with the unique identifier issued by the Department of Food and Agriculture.

(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”

(9) Any other requirement set by the bureau or the State Department of Public Health.

(d) Only generic food names may be used to describe the ingredients in edible cannabis products.

(e) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.

(Amended by Stats. 2017, Ch. 27, Sec. 74. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)26121.

(a) A cannabis product is misbranded if it is any of the following:

(1) Manufactured, packed, or held in this state in a manufacturing premises not duly licensed as provided in this division.

(2) Its labeling is false or misleading in any particular.

(3) Its labeling or packaging does not conform to the requirements of Section 26120 or any other labeling or packaging requirement established pursuant to this division.

(b) It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale a cannabis product that is misbranded.

(c) It is unlawful for any person to misbrand a cannabis product.

(d) It is unlawful for any person to receive in commerce a cannabis product that is misbranded or to deliver or offer for delivery any such cannabis product.

(Added by Stats. 2017, Ch. 27, Sec. 75. (SB 94) Effective June 27, 2017.)

 California Cannabis Portal, https://cannabis.ca.gov/

CalCannabis Cultivation licensing https://www.cdfa.ca.gov/is/mccp/

Comprehensive Adult Use of Marijuana Act – 2016 Proposition 64 https://static.cdfa.ca.gov/MCCP/document/Comprehensive%20Adult%20Use%20of%20Marijuana%20Act.pdf

California Department of Public Health https://static.cdfa.ca.gov/MCCP/document/Comprehensive%20Adult%20Use%20of%20Marijuana%20Act.pdf

Bureau Of Cannabis Control Proposed Text Of Regulations  http://www.bcc.ca.gov/law_regs/bcc_prop_text_reg.pdf

California Department of Tax and Fee Administration https://www.cdtfa.ca.gov/industry/cannabis.htm

CHAPTER 12. Packaging and Labeling [26120 – 26121]https://www.migrationexpert.com/work_visa/