California Cannabis Regulations

Licensing & Compliance for California Cannabis Regulations, 2018 Important Information & Updates


California Cannabis Regulations


State Authority & Contact:

Bureau of Cannabis Control (CA Department of Consumer Affairs)
PO Box 419016, Rancho Cordova, CA 95741-9106
Phone: 1-833-768-5880
email: bcc@dca.ca.gov

Manufactured Cannabis Safety Branch (CA Department of Public Health)
PO Box 997377, MS 7606, Sacramento CA 95899-7377
Email: mcsb@cdph.ca.gov
Phone: 855-421-7887

CalCannabis Cultivation Licensing (CA Department of Food & Agriculture)
Phone: 1-833-CALGROW (1-833-225-4769)
Email: calcannabis@cdfa.ca.gov


Scope of Licenses:

Medicinal (M-) and Adult-Use Recreational (A-):
  • Type 1 (Cultivation; Specialty outdoor; Small)
  • Type 1A (Cultivation; Specialty indoor; Small)
  • Type 1B (Cultivation; Specialty mixed-light; Small)
  • Type 1C (Cultivation; Specialty cottage; Small)
  • Type 2 (Cultivation; Outdoor; Small)
  • Type 2A (Cultivation; Indoor; Small)
  • Type 2B (Cultivation; Mixed-light; Small)
  • Type 3 (Cultivation; Outdoor; Medium)
  • Type 3A (Cultivation; Indoor; Medium)
  • Type 3B (Cultivation; Mixed-light; Medium)
  • Type 4 (Cultivation; Nursery)
  • Type 5 (Cultivation; Outdoor; Large)
  • Type 5A (Cultivation; Indoor; Large)
  • Type 5B (Cultivation; Mixed-light; Large)
  • Type 6 (Manufacturer 1) Extraction: Non-volatile Solvents, Mechanical Methods
  • Type 7 (Manufacturer 2) Extraction: Volatile Solvents
  • Type N Infusions (optional packaging and labeling)
  • Type P Packaging & Labeling Only
  • Type S (coming soon, shared-use manufacturing facilities)
  • Type 8 (Testing Laboratory)
  • Type 9 (Non-Storefront Retailer)
  • Type 10 (Retailer)
  • Type 11 (Distributor)
  • Type 12 (Microbusiness)
  • Type 13 (Distributor Transport Only)
  • Type 14 (Cannabis Event Organizer)

California Cannabis Regulation References:


Resources:



Frequently Asked Questions

What is the California Department of Food and Agriculture’s regulatory authority for licensing cannabis cultivators and implementing a track-and-trace system?

When a state legislature passes—and the governor approves—a law (also known as a statute), this enacts a new program or changes the laws governing an existing program. After the law’s passage, one or more state agencies must adopt new regulations, amend existing regulations, and/or repeal existing regulations to ensure the program runs effectively. When the California State Legislature passed the Medical Cannabis Regulation and Safety Act in 2015, and California voters passed the Adult Use of Marijuana Act (Proposition 64) in 2016, both acts designated responsibilities for oversight of commercial cannabis to several state agencies. The California Department of Food and Agriculture (CDFA) was granted the authority to (a) establish a cannabis cultivation licensing process for the state, and (b) develop a track-and-trace system to record the movement of cannabis and cannabis products through the state’s supply chain. As a result, CDFA created a new division called CalCannabis Cultivation Licensing, which is tasked with overseeing these projects. On June 27, 2017, California Governor Jerry Brown signed the cannabis trailer bill (also known as California Senate Bill 94). A trailer bill is legislation that implements specific changes to the law to enact the state budget. Generally a separate trailer bill is needed for each major area of budget appropriation, such as transportation, human services, education, revenue, or, in this case, cannabis. These bills typically are negotiated as part of the entire budget package each fiscal year. In this instance, the cannabis trailer bill effectively merged the two existing cannabis bills—the Medical Cannabis Regulation and Safety Act and the Adult Use of Marijuana Act—into one streamlined bill: the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Having one comprehensive state law will provide for a more unified and efficient regulatory process governing both medicinal and adult-use (recreational) cannabis. For a link to the most recent version of MAUCRSA, please visit the CalCannabis website at calcannabis.cdfa.ca.gov.

What is the process for creating the state cannabis cultivation regulations?

The California Administrative Procedure Act establishes the rulemaking procedures and standards for California’s state agencies. The act’s requirements are designed to provide the public with a meaningful opportunity to participate in the adoption of state regulations and help ensure the regulations are clear, necessary, and legally valid. The majority of adopted regulations that conform to the Administrative Procedure Act are submitted to the Office of Administrative Law as a “regular rulemaking.” Unless a proposed rulemaking action is submitted to the Office of Administrative Law as an “emergency rulemaking,” or is exempt from the Administrative Procedure Act, the regular rulemaking process must be followed when a state agency undergoes a rulemaking action.

What is the regular rulemaking process?

The state agency must prepare the following documents and submit them to the Office of Administrative Law to initiate the regular rulemaking process: Economic Impact Assessment (for nonmajor regulations with less than $50 million in economic impacts) or Standardized Regulatory Impact Assessment (also known as a SRIA, pronounced sir-RHEE-uh, for major regulations with more than $50 million in economic impacts) – A SRIA is required with the California Department of Food and Agriculture’s (CDFA) regulatory package because the cannabis cultivation regulations are considered a major regulation. It includes information on how the regulations will impact businesses and jobs and the potential impacts on competition and investment in California. The SRIA is posted on the California Department of Finance website at dof.ca.gov. Economic and Fiscal Impact Statement (Form STD.399) – This is a California Department of Finance form that includes information on the estimated economic and fiscal monetary impacts of the proposed regulations. Notice of Proposed Action – This notice provides critical information about the regulations, including a summary of existing laws that pertain to cannabis, the specific statutory authority that requires CDFA to create regulations, and details about the process for receiving the public’s comments. Initial Statement of Reasons (ISR) – The Initial Statement of Reasons provides the rationale behind CDFA’s decisions for including each section of the regulations and describes the purpose, need, and benefits of the regulations. It also identifies the supporting materials used to make regulatory decisions. Proposed Text of Regulations (Express Terms) – This text identifies any proposed changes to the California Code of Regulations. The state agency must publish the Notice of Proposed Action in the California Regulatory Notice Register and mail a copy to those who have requested it. The agency also must post on its website the Notice of Proposed Action, Initial Statement of Reasons, and the Proposed Text of Regulations. Once a Notice of Proposed Action has been issued by the state agency and published by the Office of Administrative Law, a regular rulemaking record will officially be opened and the minimum 45-day public comment period commences. The state agency may hold a public hearing; if the agency does not schedule a public hearing, anyone interested in having one may submit a written request for a hearing at least 15 days prior to the close of the written comment period, and that request must be granted. The state agency then receives and reviews the comments received during the official public comment period—and must summarize and respond to all of the comments. Some comments might ask for clarification of the proposed regulations, other comments might propose regulatory changes. If the state agency makes changes to the regulations, the changes are categorized as follows: Nonsubstantial Changes—Or No Changes Nonsubstantial changes do not alter the regulatory effect of the proposed provisions, and therefore the rulemaking process continues. The state agency updates the Informative Digest and prepares a Final Statement of Reasons (with a summary and a response to the public comments) and a Final Text of Regulations. Substantial and Sufficiently Related Changes These are changes considered reasonably foreseeable based on the Notice of Proposed Action and must be made available for public comment for at least 15 days. The state agency mails a notice of opportunity for commenting on the proposed changes (along with a copy of the proposed changes) to each person who has submitted written comments about the proposal, testified at an official public hearing (and provided contact information), or asked to receive any notices of modification. The agency also must post this notice on its website. When no further substantial changes are made to the proposed regulations, the agency updates the Informative Digest and prepares the Final Statement of Reasons (with a summary and a response to the public comments) and the Final Text of Regulations. Substantial Changes Not Sufficiently Related—Or Major Changes These are changes to the original proposal that are not reasonably foreseeable based on the Notice of Proposed Action. The state agency is obligated to publish another Notice of Proposed Action in the California Regulatory Notice Register, and hold another 45-day or longer public comment period. When no further substantial changes are made to the proposed regulations, the agency updates the Informative Digest and prepares the Final Statement of Reasons (with a summary and a response to the public comments) and the Final Text of Regulations. The state agency must transmit a rulemaking action to the Office of Administrative Law for review within one year from the date the notice was published in the California Regulatory Notice Register. Once submitted, the Office of Administrative Law has 30 working days to conduct a review of the rulemaking record. Generally, regulations go into effect on one of four quarterly dates, which are based on the dates the final regulations are filed with California’s Secretary of State: January 1, April 1, July 1, and October 1. However, an effective date may vary if a specific effective date is stated in statute or other law, the adopting agency requests a later effective date, or the agency demonstrates good cause for an earlier effective date. For an illustrated step-by-step guide to this process, see the flowcharts on pages 5 and 7 for regular rulemaking and emergency rulemaking.

What is the emergency rulemaking process?

Before California Governor Jerry Brown approved the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) in June 2017, the California Department of Food and Agriculture (CDFA) had followed the regular rulemaking process and submitted proposed regulations for the Medical Cannabis Regulation and Safety Act to the Office of Administrative Law. However, once MAUCRSA became law, CDFA had to withdraw those regulations; instead, a new set of regulations consistent with changes in the new law was proposed in November 2017. CDFA followed the emergency rulemaking process for these regulations. This will be followed immediately by the regular rulemaking process to make the regulations permanent. To initiate the emergency rulemaking process, the state agency files emergency regulations with the Office of Administrative Law (OAL) at least 10 calendar days before the effective date. During the first five days of OAL’s review period, the public may submit comments to OAL, with a copy for the state agency. The state agency has until the eighth day of OAL’s 10-day review period to submit to OAL a rebuttal to any public comments; however, this step is optional. The OAL’s deadline for a decision is on the tenth day after the emergency regulations were filed, and, if approved, the emergency regulations are filed with the Secretary of State and will become effective immediately for 180 days. (MAUCRSA allows for one 180-day re-adoption if the agency is making progress toward adopting the permanent regulations.) For an illustrated step-by-step guide to this process, see the flowcharts on pages 5 and 7 for regular rulemaking and emergency rulemaking.

Where can I read more about California’s cannabis licensing process?

For information about state licenses for cannabis farmers, please visit the CalCannabis Cultivation Licensing website at calcannabis.cdfa.ca.gov. For details on other types of cannabis licensing in California, including manufacturing (such as edibles), testing, distribution, and retail, go to the California Cannabis Portal at cannabis.ca.gov.









California Universal Symbol for Cannabis


California Universal Symbol for Cannabis

Download PNG file or Download JPG file



This site focuses or refers to information and services regarding Local Authorization 2018 important information Personnel Requirements ANTICIPATED ANNUAL (NONTEMPORARY) LICENSE APPLICATION REQUIREMENTS meat and seafood, and other products Temporary License Application Track and Trace Business Information Water/Food-grade Dry Ice concentrate The California Department of Public Health's product formulation purchasing cannabis products on tribal lands Distributor transport compliance with regulations separate applications tinctures some nutritional facts remove THC/CBD Mycotoxins Testing must enter certain events The Bureau of Cannabis Control (BCC) onsite sale and consumption of cannabis goods requiring refrigeration Manufactured Cannabis Safety Branch (MCSB) scaled to the gross annual revenue of the licensed premises edibles packaging opaque dried flower Completed Temporary License Application Form loan provided to a commercial cannabis business infusion secondary package emergency regulations certified by a California-licensed engineer potentially-hazardous foods product as a candy prohibited an officer or director of a cannabis business Incorporating THC/CBD concentrates Criminal History mandated warning statements THC levels local jurisdiction Premises Information ownership premises is not within a Government hang tag or a peel-back label health claims identity of the product Microbial Impurities Testing (A. fumigatus, A. flavus, A. niger, A. terreus) aggregate interest of 20% or more conditional license manufacturing no added caffeine Temporary event up to 4 days extracts Live Scans for each owner cannabis adult-use products retailers licensed premises sales of cannabis goods Licensees commercial cannabis activity 2018 new laws the commercial medicinal and adult-use (recreational) CO2 and ethanol extractions track and trace system product guidelines cannabis industries Department of Food and Agriculture’s CalCannabis Cultivation Licensing division commercial cannabis manufacturing in California Microbial Impurities Testing (Escherichia coli and Salmonella spp.) allergen information Water Activity Testing of Solid or Semi-Solid Edibles The Manufactured Cannabis Safety Branch (MCSB) commercial cannabis manufacturers manufacturer's name 2018 problems secured area cannabis training three state cannabis-licensing authorities cannabis waste Poison Prevention Packaging Act of 1970 (PPPA) CDTFA seller’s permit testing laboratories Butane/Hexane/Propane licensed physical location (premises) M-licensees Seller’s permit number CALIFORNIA BUREAU OF CANNABIS CONTROL Terpenoids Testing financial interest holder tobacco products regulations for medical and adult-use cannabis in California A-licensees recordkeeping 2,000 mg of THC per package for the medicinal-use market Type S share facility space written procedures for inventory control Category II Residual Solvents and Processing Chemicals Testing cannabis products in container or wrapper for sale distributors 2018 revisions commercial cannabis manufacturing activity ingredient list Industrial Hemp Advisory Board packaging and labeling regulatory framework compliance with local jurisdiction Local Jurisdictions quality control no infusion of alcohol secondary packaging amount of THC content 120 days child-resistant outer package 2018 proposed changes limited to a maximum of 1,000 mg per package cultivation M-license supplemental label A-license Department of Public Health’s Manufactured Cannabis Safety Branch Financial Interest Premises diagram packaging and labeling requirements medicinal and adult use cannabis goods transported together final form contaminant free storage of cannabis goods manufacture cannabis products 2018 updates California Department of Public Health (CDPH) inhalable cannabis Business Organizational Extractions using CO2 2018 laws period of 120 days Business and Professions Code section 26050.1 convicted of a substantially related crime small product packaging manufacturers who package for other producers medicinal and adult-use or both markets 2018 issues A-license and an M-license licenses for both medicinal and adult-use cannabis manufacturing at the same premises California Public Records Act medicinal commercial cannabis activity Proposition 64: The Adult Use of Cannabis Act of 2016 2018 recent news local jurisdiction’s ordinances and regulations activity for a period of 120 days Category II Residual Pesticides Testing highly-concentrated THC/CBD such as oil, wax and resin alcoholic beverages Manufactured Cannabis Safety Branch highly-concentrated oils or waxes security Foreign Material Testing Identifying information extraction exception for testing laboratories capsules commercial cannabis manufacturing stickers MCSB evidence of the legal right to occupy the premises testing of cannabis goods designated structure property for the commercial cannabis activity volatile solvent packaging and labeling requirements for pre-rolls state cannabis licensing security and cannabis waste disposal Retailer (nonstorefront) primary panel requirements hydrocarbon-based solvents commercial cannabis products Non-Storefront Retailer (Type 9) edible products Transition Period Food-grade Butter/Oil Vehicle Requirements tamper-evident public Licensee Lookup Tool CalCannabis Cultivation Licensing pre-made or purchased manufacturing practices Arranging for laboratory testing equity interest in a commercial cannabis business re-sealable evidence of rehabilitation Conducting quality assurance review of cannabis goods no infusion of nicotine nonlaboratory quality control local jurisdiction’s requirements MCSB’s temporary license application Form # CDPH-9041 2018 resolutions Application Checklist paper inserted into the packaging Licensee Lookup Tool onsite consumption of cannabis goods Temporary License Application Information manufacturing cannabis products A-license and an M-license for the same commercial cannabis activity licensing cannabis third-party testing laboratories 600-foot radius of a school Category I Residual Pesticides Testing cannabis sales and/or consumption inventory and quality control medicinal and adult-use cannabis manufacturing workshops hosted by the Bureau of Cannabis Control Percentage of ownership member manager Microbusiness medicinal and adult-use commercial cannabis activity labels not be attractive finished product opaque exit package Operating Procedures procedures for inventory control unique ID/batch number Office of Environmental Health Hazard Assessment (OEHHA) MANUFACTURED CANNABIS SAFETY BRANCH Medical Cannabis Regulation and Safety Act of 2015 Local Issuing Authority exit packaging at least 20% ownership interest premises diagram Licensee Information licensed cannabis manufacturers persons 21 years of age or older Heavy Metals Testing Homogeneity Testing of Edible Cannabis Products adult-use commercial cannabis activity amount of sodium shipping manifest disclosure of all criminal convictions temporary license Premises Diagram licensing cannabis distributors Proposition 65 delivery vehicle $3,000 of cannabis goods list of artificial food colorings Retailer (Type 10) at least 99% purity conducting quality assurance review cannabis plants Transport vehicles alarm system licensing cannabis retailers definition of owner managing member sugar Owner packaging 100 mg of THC per package shared-use manufacturing facilities access to the area(s) Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) amount of THC/CBD per serving and per package limited to a maximum of 10 mg of THC per serving Proposed Section 40133 transportation and security 2018 fines carbohydrates and fat per serving disposal manufacturing activities waste management laws good manufacturing practices local jurisdiction authorization licensing scheme laboratory quality assurance 2018 regulations Category I Residual Solvents and Processing Chemicals Testing Mechanical cannabis cultivation licensing persons with a financial interest in the cannabis business chain of custody microbusinesses shares of stock that are less than 5% of the total shares in a publicly traded company public health and safety Physical address Cannabinoids Testing licensing cannabis microbusinesses annual license application labeling informational panel topicals Fingerprints cannabis market ISO/IEC 17025 accreditation Financial information transport cannabis goods to retailer cultivation (on an area less than 10,000 square feet) Bond and Insurance Information operating procedures investment into a commercial cannabis business diagram of the business’s layout comply with all packaging and labeling requirements license review process BUREAU OF CANNABIS CONTROL vape cartridges protocol sanitary and hazard-free environment sampling standards cannabis event organizer license Local Authorization Attachment immature live plants and seeds being transported from a licensed nursery Cultivation less than 10,000 Moisture Content Testing California Department of Public Health transportation of cannabis goods testing methods CDPH-9041 disposal and destruction methods structure and formation documents contaminants Distributor Transport Only Edibles– Products health impacts of cannabis 600 foot radius of a school loop system commercial kitchens Labor peace agreement minimum standards for extraction processes 2018 compliance payable to the state of California motor carrier permit Carbon Dioxide (CO2) licensed cannabis distributors licensing and regulating commercial cannabis manufacturers consumption of alcohol or tobacco regulations for medicinal and adult-use cannabis cannabis cartoons LICENSE APPLICATION REQUIREMENTS licensed cannabis cultivators medicinal and adult-use markets waste disposal Bond in the amount of $5,000 manned motor vehicle CDPH-issued universal symbol Temporary Cannabis Event Medicinal and Adult-Use Cannabis Regulation and Safety Act periods of 90 days extensions manufacturing (Level 1 manufacturing, Type 6) Ethanol shaped like a human, animal, insect, or fruit testing lab required limits basic nutritional information sanitary workplaces entry into the legal, regulated market Individual Owner Cannabis Manufacturing supply chain transportation valid waiver child-resistant packaging supply chains for medicinal and adult-use cannabis products surety bond destruction of cannabis goods Manufacturing (non-volatile) operating premises Department of Consumer Affairs’ Bureau of Cannabis Control transporting cannabis goods inventory online licensing system government warning statement label Manufactured Cannabis Licensing System (MCLS) Standard Operating Procedures (SOPs) three cannabis licensing authorities and more.

In addition, Edible cannabis product In-process material Processor Type 4 (Cultivation; Nursery) Specialty Indoor list of cannabis manufacturers Specialty Mixed-Light Tier 1 UID Universal symbol Type 3B (Cultivation; Mixed-light; Medium) Licensee Pathogen Type 2B (Cultivation; Mixed-light; Small) Applicant Preventive controls Premises Adult-use Market Type 1C (Cultivation; Specialty cottage; Small) Dried flower Indoor cultivation Ingredient Harvest Batch Department Immature plant track and trace system Unique identifier infused pre-rolls Net weight Mixed-light Tier 2 Specialty Cottage Indoor Distribution Outdoor cultivation Manufacturer licensee Type 1B (Cultivation; Specialty mixed-light; Small) Type 9 (Non-Storefront Retailer) Microorganisms Type 5A (Cultivation; Indoor; Large) Specialty Mixed-Light Tier 2 cannabis concentrates Lot Type 3A (Cultivation; Indoor; Medium) Labeling Specialty Outdoor Type 6 – for extraction using a mechanical method or non-volatile solvent (ex: CO2, ethanol, water, or food-grade dry ice, cooking oils or butter) Medium Indoor Quality THC Specialty Cottage Mixed-Light Tier 1 Type 1A (Cultivation; Specialty indoor; Small) Sanitize Quarantine Serving Adulterated gross annual revenue for first year in operation under MAUCRSA Actual yield Quality control personnel Small Mixed-Light Tier 2 Quality control operation Product Identity Small Indoor Type 8 (Testing Laboratory) Process MCSB 90-day extension periods Cannabis product Track-and-trace systems Extraction DPH-17-010E Small Outdoor Allergen cross-contact Verification Personnel Specialty Cottage Outdoor Flowering Track and trace system Canopy Small Mixed-Light Tier 1 Type 1 (Cultivation; Specialty outdoor; Small) Theoretical yield Kief Type N Infusions (optional packaging and labeling) Environmental pathogen Nonmanufactured cannabis product Cultivation Pest Qualified individual Type 14 (Cannabis Event Organizer) Processing Mature plant Nonvolatile solvent cakes, cookies, beverages and juices, tea and coffee, chocolates, gummies, gum, and mints Nursery Type 7 (Manufacturer 2) Extraction: Volatile Solvents Topical cannabis product package flower or pre-rolls Hazard Bureau Wet weight products similar to traditional food products prohibited Volatile solvent Monitor Informational panel Holding Component Batch CBD Type 13 (Distributor Transport Only) Medium Outdoor Type P – for packaging and labeling only Commercial cannabis activity M-license Type 5B (Cultivation; Mixed-light; Large) Contact surface Adequate Mixed-light cultivation Commercial-grade, non-residential door lock Type 6 (Manufacturer 1) Extraction: Non-volatile Solvents, Mechanical Methods alternate use of a manufacturing premises Specialty Cottage Mixed-Light Tier 2 Processing aid Infusion Package Type P Packaging & Labeling Only Mixed-light Tier 1 Type 2 (Cultivation; Outdoor; Small) Request for Live Scan Limited-access area Type 11 (Distributor) CBD from industrial hemp Finished product Raw material Type N – for infusions Watts per square foot Type S (coming soon, shared-use manufacturing facilities) adulteration Validation Type 5 (Cultivation; Outdoor; Large) Primary panel Medium Mixed-Light Tier 2 Type 10 (Retailer) THC limit of 10 milligrams per serving and 100 milligrams per package Manufacture Proposition 65 warning statement Medium Mixed-Light Tier 1 Type 3 (Cultivation; Outdoor; Medium) Type 2A (Cultivation; Indoor; Small) Type 12 (Microbusiness) infused butters and oils as concentrates Cultivation site Pre-roll Type 7 – for extraction using a volatile solvent (ex: butane, propane and hexane) Allergen and more.


Disclaimer: Informational and educational purposes. Self-help services (not legal advice). Site is not affiliated with any state agency. Note that site might not contain the most updated information. Your receipt of any information from this site does not create a relationship. Prior results do not guarantee or suggest a similar result in other matters. No promise is made with regard to services or content's reliability, availabilty, or ability to meet any needs. Information and services provided "AS IS."

All Rights Reserved