CA Regulators Issue Proposed Regulations
CA Regulators Issue Proposed Regulations – California’s three state cannabis licensing authorities today announced the publication of proposed regulations in the California Regulatory Notice Register, the first step toward adopting non-emergency regulations. This publication is the start of the formal rulemaking process and marks the opening of the 45-day public comment period.
Each licensing authority’s proposed non-emergency regulations and rulemaking documents have been posted to California’s Cannabis Portal and can be viewed by clicking the following link: https://cannabis.ca.gov/cannabis-regulations/
The current emergency regulations, adopted by the Bureau of Cannabis Control, California Department of Public Health and California Department of Food & Agriculture in December 2017 and readopted in June 2018, were originally issued through the emergency rulemaking process to meet the legislative mandate to open California’s regulated cannabis market on January 1, 2018. These emergency regulations will remain in effect until the non-emergency rulemaking process is complete.
CDPH – MCSB Changes in Proposed Regulations
Summary of Changes in the Proposed Regulations
Product Classifications – Provides clarification about which products are classified as edibles and which are classified as concentrates. Specifies that orally-dissolving cannabis products (such as solid sublinguals, lozenges and mouth strips) are classified as edibles. Defines “tablets” as concentrates intended to be swallowed whole and that contain no added flavorings or sweeteners.
THC Limits Allows orally-dissolving edibles intended for sale only in the medicinal market to contain up to 500 milligrams of THC per package, provided that these products contain no more than 10 mg THC per serving as required by statute and are marked “MEDICAL USE ONLY.”
Child-Resistant Packaging Allows statutory requirements for child-resistant packaging to be fulfilled using exit packaging at retail, rather than individual product packaging.
Labeling of Flower Clarifies and establishes basic labeling requirements for the flower. Permits flower to be labeled with percentages of cannabinoid content, rather than milligrams.
Labeling of Trace Amounts of THC and CBD Permits products with trace amounts of THC or CBD to be labeled “<2 mg.”
Labeling of Multi-Layered Product Packaging Establishes labeling requirements for inner layers of packaging when the container of a cannabis product can be separated from the outer layer of packaging.
Shared-Use Facilities Increases the maximum gross annual revenue under which a business can hold a Type S license from $500,000 to $1 million.
Labor Law Violations Requires disclosure of violations of labor standards during the application process and if a violation occurs during the license period
Temporary Licenses Clarifies that no new temporary licenses will be issued on or after January 1, 2019, and temporary licenses with expiration dates after December 31, 2019, will be valid until they expire.
Bureau of Cannabis Control Proposed Regulation Documents:
Bureau of Cannabis Control – Proposed Text of Regulations
Summary of Proposed Regulatory Changes – (Coming Soon)
Notice of Proposed Rulemaking Action
Initial Statement of Reasons
Documents Incorporated by Reference – Disciplinary Guidelines July 2018
Documents Incorporated by Reference – Forms
Documents Incorporated by Reference – US FDA Guidelines
How To Get Involved in the Regulatory Process – Public Comment Information
CA Department of Food & Agriculture Proposed Regulation Documents:
CA Department of Food & Agriculture – Text of Proposed Regulations
CDFA – Notice of Proposed Rulemaking Action
CDFA – Initial Statement of Reasons
[How to Submit Your Comments](http://How to Submit Your Comments) – Public Comment Information
CA Department of Public Health Proposed Regulation Documents:
CA Department of Public Health – Proposed Text of Regulations
CDPH – Notice of Proposed Rulemaking Action
CDPH – Initial Statement of Reasons
Instructions for Submitting Public Comment