Cannabis Consulting
California Cannabis Regulations

Career Licensing Law & Compliance for California Cannabis Regulations, 2018 Career News, 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 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.

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.

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 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.

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.









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

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