Proposed Cannabis Regulations
Proposed Cannabis Regulations Submitted to OAL – December 2018 (Currently Under Review)
California’s three state cannabis licensing authorities recently announced the release of the proposed cannabis regulations currently under review by the California Office of Administrative Law (OAL). The rulemaking action regarding these regulations, initially noticed on July 13, 2018, was submitted to OAL for review on December 3, 2018.
Please note that the proposed regulations submitted to OAL have not yet been approved by OAL and are not currently in effect. While the regulations are under review with OAL, the readopted emergency regulations remain in effect and licensees should continue to comply with those regulations. The public comment period has closed for these regulations, and the Bureau will not be providing guidance related to these regulations until OAL has completed its review.
Bureau of Cannabis Control – Documents Submitted to OAL
- Proposed Text of Regulations Submitted to OAL for Review
- Order of Adoption Submitted to OAL for Review
- Final Statement of Reasons
California Department of Food and Agriculture – Documents Submitted to OAL
- Proposed Cannabis Cultivation Regulations Submitted to OAL (with edits displayed)
- Proposed Cannabis Cultivation Regulations Submitted to OAL (“clean” version)
- Final Statement of Reasons
California Department of Public Health – Documents Submitted to OAL
- DPH-17-010 Proposed Regulations for Cannabis Manufacturing, Draft Submitted to OAL (PDF)
- Final Statement of Reasons (FSOR) (PDF)
- FSOR 45-Day Public Comment Period: List of Commenters (PDF)
- FSOR 45-Day Public Comment Period: Response to Comments (PDF)
- FSOR 15-Day Public Comment Period: List of Commenters (PDF)
- FSOR 15-Day Public Comment Period: Response to Comments (PDF)
Changes to Proposed Cannabis Regulations – October 2018 (15-Day Package)
The state’s three cannabis licensing authorities recently announced changes to the proposed cannabis regulations published to the California Regulatory Notice Register on July 13, 2018. These proposed changes mark the next step in the formal rulemaking process toward adopting non-emergency regulations and the beginning of a 15-day public comment period related to the proposed changes. The changes to each licensing authority’s proposed non-emergency regulations and rulemaking documents have been posted in the links below.
Bureau of Cannabis Control Proposed Changes Regulation Documents
- 15-Day Notice of Modification to Text of Proposed Regulations
- Bureau of Cannabis Control – Modified Text of Proposed Regulations (15-Day Package)
- BCC Disciplinary Guidelines – October 2018
- Transportation Procedures, Form BCC-LIC-015
- Non-Laboratory Quality Control Procedures, Form BCC-LIC-017
- Security Procedures, Form BCC-LIC-018
- Delivery Procedures, Form BCC-LIC-020
- Sampling Procedures, Form BCC-LIC-021
- Sampling Preparation Procedures, Form BCC-LIC-022
- Data Package Cover Page and Checklist, Form BCC-LIC-024
- CEQA Exemption Petition, Form BCC-LIC-025
- CEQA Project-Specific Information, Form BCC-LIC-026
- Bureau Notification and Request, Form BCC-LIC-027
- Poison Prevention Packaging Act of 1970 Regulations, (16 C.F.R. §1700.15(b)(1)) (Rev. July 1995)
California Department of Food and Agriculture Proposed Changes Regulation Documents
- California Department of Food and Agriculture – Modified Text of Proposed Regulations (15-Day Package)
- Notice of Modification to Text of Proposed Regulations
California Department of Public Health Proposed Changes Regulation Documents
- California Department of Public Health – Modified Text of Proposed Regulations (15-Day Package)
- Notice of 15-Day Public Availability of Proposed Changes to Proposed Cannabis Regulations
- CDPH Summary of 15-Day Changes
Proposed Cannabis Regulations Package – July 2018 (45-Day Package)
California’s three state cannabis licensing authorities have 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.
The current emergency regulations, adopted by the Bureau of Cannabis Control, California Department of Public Health and California Department of Food and 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.
Each licensing authority’s proposed non-emergency regulations and rulemaking documents have been posted in the links below.
Bureau of Cannabis Control Proposed Regulation Documents
- Bureau of Cannabis Control – Proposed Text of Regulations (45-Day Package)
- Summary of Proposed Regulatory Changes
- 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
California Department of Food and Agriculture Proposed Regulation Documents
- CA Department of Food and Agriculture – Text of Proposed Regulations (45-Day Package)
- Highlights of the Proposed Changes to California’s Cannabis Cultivation Regulations
- CDFA – Notice of Proposed Rulemaking Action
- CDFA – Initial Statement of Reasons
- How to Submit Your Comments – Public Comment Information
California Department of Public Health Proposed Regulation Documents
- CA Department of Public Health – Proposed Text of Regulations (45-Day Package)
- Summary of Proposed Regulations
- CDPH – Notice of Proposed Rulemaking Action
- CDPH – Initial Statement of Reasons
- Instructions for Submitting Public Comment
California Cannabis Control Appeals Panel Proposed Regulations
The Cannabis Control Appeals Panel (Panel) proposes to adopt the proposed regulations described below after considering all comments, objections, and recommendations regarding the proposed action.
The Cannabis Control Appeals Panel recently announced changes to the proposed regulations published to the California Regulatory Notice Register on August 31, 2018. These proposed changes mark the next step in the formal rulemaking process toward adopting regulations and the beginning of a 15-day public comment period related to the proposed changes.
Proposed Rules 6000-6018, Appeals Procedures:
- CCAP Notice of Amendment to Proposed Regulations (NEW!)
- Text of Proposed Regulations (Rules 6000-6018)
- Notice of Proposed Rulemaking Action
- Initial Statement of Reasons
PUBLIC HEARING:
The Panel will hold a public hearing starting at 9:00 a.m., Wednesday October 17, 2018, or as soon after that as business before the Panel will permit, at the State Personnel Board Building, 1st Floor Auditorium, 801 Capitol Mall, Sacramento, CA 95814. At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.
WRITTEN COMMENT PERIOD:
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Panel at its address below. Comments may also be submitted by email to philip.laird@bcsh.ca.gov. The written comment period closes at 5:00 p.m. on October 15, 2018. The Panel will consider only comments received at the Panel offices by that time.