Cannabis Consulting in California
California Cannabis Regulations

Metropolitan Local Licensing Law & Compliance for California Cannabis Regulations, 2018 Local 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 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 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.

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

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