CA Cannabis Regulators Extend Emergency Regs

CA Cannabis Regulators Extend Emergency Regs

CA Cannabis Regulators Extend Emergency Regs
CA Cannabis Regulators Extend Emergency Regs

CA Cannabis Regulators Extend Emergency Regs – The Bureau of Cannabis Control, California Department of Public Health and California Department of Food and Agriculture have proposed to readopt their emergency regulations that are currently in effect, extending the time those regulations are in effect for another 180-day period. The three licensing authorities are proposing some changes to the regulatory provisions to provide greater clarity to licensees and to address issues that have arisen since the emergency regulations went into effect.

Highlighted among the proposed changes is that applicants may now complete one license application and obtain one license to conduct medicinal and adult-use cannabis activity. Additionally, licensees may continue to engage in commercial cannabis activities with other licensees regardless of designation as this provision is no longer limited by time.

“These proposed changes to our emergency regulations are based on feedback from our stakeholders, and information gathered over the first four months of implementation,” said Bureau of Cannabis Control Chief Lori Ajax.

Other highlighted changes from each licensing authority’s proposed emergency regulations can be viewed by clicking the following links listed below:

Bureau of Cannabis Control:

https://bcc.ca.gov/law_regs/emergency_regs_proptext.pdf

https://bcc.ca.gov/law_regs/emergency_regs_factsheet.pdf

California Department of Food and Agriculture:

https://bcc.ca.gov/law_regs/emergency_regs_proptext_cdfa.pdf

https://cannabis.ca.gov/wp-content/uploads/sites/13/2018/05/CA-Department-of-Food-and-Agriculture-Readoption-of-Emergency-Regulations-Fact-Sheet.pdf

California Department of Public Health:

https://bcc.ca.gov/law_regs/emergency_regs_proptext_cdph.pdf

https://cannabis.ca.gov/wp-content/uploads/sites/13/2018/05/CA-Department-of-Public-Health-Readoption-of-Emergency-Regulations-Fact-Sheet.pdf

PUBLIC COMMENT: The proposed readoption of the emergency regulations will be subject to a public comment period. The public comment period will begin when the California Office of Administrative Law (OAL) posts the proposed emergency regulations on its website and will last 5 calendar days. The posting may not occur before May 25, 2018, to allow for the 5 working day notice to the public that the licensing authorities provided today.

The emergency regulations were developed to implement the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which was signed into law in June 2017. The initial emergency regulations became effective on December 7, 2017, and remain in effect for 180 days. The readoption will allow the emergency regulations, as modified, to be in effect for an additional 180 days. During this time, the three licensing authorities will engage in the regular rulemaking process to develop final regulations.

For additional information about the proposed readoption of the emergency regulations, or to subscribe to email alerts to hear about updates as they become available, please visit the Bureau’s website at http://www.bcc.ca.gov/. For information on all three state licensing authorities, please visit the state’s California Cannabis Portal at https://cannabis.ca.gov/. Follow the Bureau on Facebook, Twitter, and Instagram for daily news and updates.

Readopt

Cal. Code Regs., Tit. 16, §§ 5005, 5007, 5009, 5010, 5011, 5012, 5013, 5016, 5017, 5019, 5020, 5021, 5022, 5028, 5030, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5041, 5043, 5046, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5300, 5301, 5302, 5304, 5305, 5308, 5309, 5310, 5312, 5400, 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415, 5416, 5419, 5420, 5421, 5422, 5423, 5424, 5425, 5426, 5503, 5504, 5505, 5506, 5603, 5701, 5702, 5703, 5704, 5705, 5706, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5716, 5717, 5720, 5721, 5722, 5723, 5724, 5725, 5728, 5729, 5731, 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5809, 5810, 5811, 5812, 5813, and 5814

Readopt and Amend

Cal. Code Regs., Tit. 16, §§ 5000, 5001, 5002, 5003, 5004, 5006, 5008, 5014, 5015, 5018, 5023, 5024, 5025, 5026, 5027, 5029, 5031, 5032, 5040, 5042, 5044, 5045, 5047, 5048, 5303, 5306, 5307, 5311, 5313, 5314, 5315, 5417, 5418, 5500, 5501, 5502, 5600, 5601, 5602, 5700, 5707, 5708, 5718, 5719, 5726, 5727, 5730, 5800, and 5808

Notice Date: May 18, 2018

NOTICE IS HEREBY GIVEN that the Bureau of Cannabis Control (Bureau) proposes to amend and readopt emergency regulations necessary for the immediate preservation of the public peace, health, safety, or general welfare.

The Finding of Emergency, the proposed text, and the Bureau of Cannabis Control’s Disciplinary Guidelines November 2017 are available for review on the Bureau’s website at www.bcc.ca.gov, under the Important Announcements tab.

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 the proposed amendment and readoption of these emergency regulations, you must submit your comment directly to OAL within five calendar days of OAL’s posting of the proposed amendment and readoption to OAL at:

Office of Administrative Law
OAL Reference Attorney
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Email: [email protected]

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

Bureau of Cannabis Control
2290 Kilgore Rd.
Rancho Cordova, CA 95670
Email: [email protected]

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.

Amendment and readoption of emergency regulations do not require a 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:

Ashlynn Blackshire
Phone: (916) 465-9030
Email:  [email protected]

The backup contact person for these inquiries is:

CJ Croyts-Schooley
Phone: (916) 465-9029
Email: [email protected]

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Author: abizcannabis

Managing Director & CEO of integrated transactional financial advisory, tax, and technology consulting firm - aBIZinaBOX Inc New York, Chicago, and OaklandCPA.CITP.CISM.CGEIT.CGMAExpertise with: Alt. Investments/Private Equity, Real Estate, Professional Services, CA Cannabis, Tech Start-Ups and Distressed Assets/DebtTechnology Certifications including:Advanced & High Complexity Cloud Integrator AICPA PCPS, CAQ,, IMTA, CITP ISACA CGEIT, CISMState CPA Societies in California, Florida, Illinois, New York and TexasExpertise with Regulatory Compliance - US - HIPAA, FINRA, SEC Rule 17(a)(3)/(4), eDiscovery, FINCEN - EU- EBA, ESMA, EIOPA UK - BoE, PRA, FCA