California Cannabis Emergency Regulations Readopted, Cannabis Product Transition Period Ends
California’s emergency cannabis regulations for each of the three state-level regulatory agencies were officially readopted on June 4, 2018, and are now in effect as of June 6, 2018. These readopted emergency regulations will be in effect for 180 days. During that time, the Bureau of Cannabis Control (BCC), the California Department of Public Health (CDPH), and the California Department of Food and Agriculture (CDFA), will engage in the regular rule making process to adopt their final nonemergency regulations. Draft permanent regulations are anticipated to be released sometime this summer.
The final text of readopted regulations and department summaries of key changes for all three state regulatory agencies are listed below.
For a more thorough summary of these emergency regulations and other cannabis information, please visit CHEAC’s Cannabis webpage here.
Yesterday, the Bureau of Cannabis Control also announced that the transition period for cannabis licensees from specific regulatory provisions will end on June 30, 2018. Beginning on July 1, 2018, all cannabis goods must meet all statutory and regulatory requirements. Cannabis goods that do not meet all statutory and regulatory requirements must be destroyed in accordance with the rules pertaining to destruction. Below is a listing of all the regulatory requirements that will be in effect as of July 1.
Laboratory Testing Requirements
Beginning July 1, 2018, a licensee may only sell cannabis goods that have been tested and passed all testing requirements in effect at the time of testing.
- Untested cannabis goods cannot be sold by a retailer and must be destroyed. A retailer may not send cannabis goods to a distributor for testing.
- Untested cannabis goods manufactured or harvested before January 1, 2018, in possession of a distributor that are owned by the distributor must be destroyed.
- Untested cannabis goods manufactured or harvested before January 1, 2018, in the possession of a distributor owned by a manufacturer or cultivator may be returned to the licensee who owns the cannabis goods. If a cultivator or manufacturer chooses to sell the returned cannabis goods, the cannabis goods must be sent to a distributor for testing and must meet all of the testing requirements in effect at the time of testing before transported to a retailer for sale.
Packaging and Labeling Requirements
Beginning July 1, 2018, all packaging and labeling must be performed prior to cannabis goods being transported to a retailer.
- A retailer shall not accept cannabis goods that are not properly packaged and labeled. A retailer shall not package or label cannabis goods, even if the cannabis goods were in inventory before July 1, 2018. However, for medicinal sales, retailers will place a sticker on cannabis goods stating, “FOR MEDICAL USE ONLY” upon sale to a qualified medicinal consumer, unless the statement is already printed on the package.
- A retailer may not send unpackaged cannabis goods to another licensee for packaging or labeling. Cannabis goods in possession of a retailer that do not meet packaging and labeling requirements must be destroyed.
- Exit packaging is not required to be child-resistant and can no longer be used to satisfy the child-resistant packaging requirements. All cannabis goods must be in child-resistant packaging prior to delivery to a retailer.
THC Limits for Edible Cannabis Products
Beginning July 1, 2018, edible cannabis goods may not exceed 10 milligrams of THC per serving and may not exceed 100 milligrams of THC per package.
THC Limits for Non-Edible Cannabis Products
Beginning July 1, 2018, non-edible cannabis products must meet package THC restrictions.
- Non-edible cannabis products shall not contain more than 1,000 milligrams of THC per package if intended for sale only in the adult-use market.
- Non-edible cannabis products shall not contain more than 2,000 milligrams of THC per package if intended for sale only in the medicinal market.
Ingredients and Appearance of Cannabis Products
Beginning July 1, 2018, a retailer may only sell cannabis products that meet the requirements set by the California Department of Public Health for ingredients or appearance.