Regulatory Affairs: A Multi-Agency Approach

Regulatory agencies are responsible for day-to-day implementation, rulemaking, and enforcement of California cannabis law.  CalGrowers is committed to working with state regulators to ensure that California's cannabis program is successful, protects public health and safety, and reduces barriers to entry for small and independent businesses.

Three separate state agencies are responsible for taking the lead on cannabis regulation:

Information on all the state agencies is available from www.cannabis.ca.gov

Existing State Emergency Regulations

Emergency regulations were formally re-adopted by the Office of Administrative Law on June 4, 2018. These rules establish application procedures, licensing fees, and rules for operation for cannabis businesses. Below are the current rules that all licensed cannabis businesses are required to follow until December 2018.

BCC Emergency Regulations June 2018

CDFA Emergency Regulations June 2018

DPH Emergency Regulations June 2018

The current emergency regulations are actually the third set of emergency regulations proposed by the regulatory agencies. For a more detailed timeline and history of the state regulatory process, you can read more here.

July-September 2018: Proposed Non-Emergency Regulations

In preparation for the transition away from emergency regulations, draft non-emergency regulations were released on July 13, 2018. The formal public comment period for these regulations ended on August 27. CalGrowers submitted extensive comments on the proposed regulations to each of the three regulatory agencies:

CGA Comment on July 2018 Proposed Regulations: CDFA

CGA Comment on July 2018 Proposed Regulations: BCC

CGA Comment on July 2018 Proposed Regulations: DPH

Major CGA regulatory priorities throughout 2018 have included:

  • Allowing adult-use and medicinal licensees to transact with each other freely, and streamlining regulatory costs for businesses that want to participate in both markets.
  • Reversing the decline in compassionate use programs, and ensuring that cannabis can be provided for free to patients with severe medical needs.
  • Implementing policies to ensure maximum opportunity for existing growers to transition and succeed and prevent harmful consolidation by acknowledging and managing oversupply.
  • Managing substantial increases in the cost of laboratory testing that disproportionately affect small and independent businesses.
  • Addressing barriers that prevent producers from obtaining transportation licenses
  • Increasing access to microbusiness licenses for small and independent businesses.

October 2018: Proposed Non-Emergency Regulations

CalGrowers expects state regulators to make additional changes to the proposed rules based on the almost 4,000 public comments received. If changes are proposed, it will trigger an additional 15-day comment period, likely in mid-October 2018. CGA will be working with members to rapidly evaluate and submit comment on new proposed regulations once they're made available.

(Updated: October 3, 2018)