Sacramento- On July 13, 2018 cannabis licensing authorities have taken another step into regulating the Adult Use of Marijuana Act (AUMA) in California by publishing their proposed non-emergency regulations, according to cannabis licensing authorities.
California’s three state cannabis licensing authorities, the Bureau of Cannabis Control (BCC), California Department of Public Health (CDPH) and California Department of Food & Agriculture (CDFA), proposed non-emergency rules for adult cannabis use that focus more on the health and safety of the public.
“The emergency rulemaking process provided an opportunity to evaluate how the rules were working for businesses throughout the supply chain,” said Lori Ajax, Bureau of Cannabis Control Chief.
However, the new non-emergency rules published on July 13 discuss cannabis businesses and their relationship with the public.
“The regulations we now propose include changes that make it easier for businesses to operate and strengthen public health and safety policies,” said Ajax.
After California voters approved of Proposition 64, the Adult Use of Marijuana Act, in November 2016, which allows adults at least 21 years of age to legally grow, possess, and use cannabis for non-medicinal purposes, with certain restrictions, California’s three state cannabis licensing authorities have proposed and issued regulations.
This publication of the proposed non-emergency regulations can be found within the California Regulatory Notice Register and are the first step toward adopting the regulations into law and begins the 45-day public comment period, according to the BCC.
The public may comment on the proposed non-emergency regulations in writing and at public hearings held throughout the state from now until the end of August.
The CDFA will hold an open public hearing for comments about the proposed cannabis non-emergency regulations on July 26, 2018, 1:00 to 3:00 p.m. at the Mission Inn Hotel and Spa, 3649 Mission Inn Ave., Riverside, CA.
Topics within the proposed non-emergency regulations published by the BCC include, licensing, distributors, retailers, microbusinesses, testing laboratories, cannabis events and enforcement.
City news group provided information about applications for commercial cannabis businesses, specifically for distributors in Moreno Valley and Colton in previous publications back in April and March of 2018.
In the July 13 proposed regulations, the BCC discusses the issue of posting and advertising saying there should be a “prohibit use of certain advertising techniques that may be attractive to minors, including the use of objects, such as toys, inflatables, movie characters, or any other display, depiction, or image that will likely be appealing to minors.”
In addition, the CDPH proposed rules similar to the current emergency regulations but have updated and made changes to their rules following public comments.
The CDPH provides clarification about the differences between what can be classified as an edible and a concentrate.
Also, the CDPH expands on the requirement that exit packaging has to be resealable and nontransparent and child-resistant stating that “statutory requirements for child-resistant packaging to be fulfilled using exit packaging at retail, rather than individual product packaging.”
Finally, the CDFA included changes to their current emergency regulations that include clarifications of certain terms for cannabis retailers, “adds a requirement that applicants must include a copy of their most recent water bill, if applicable” and “clarifies which activities are required to be entered into the California Cannabis Track-and-Trace system.”
The current emergency regulations were originally issued in December 2017 in order to meet the other provision within the AUMA that made it legal to sell and distribute cannabis through a regulated business after January 1, 2018.
The three state cannabis licensing authorities readopted the emergency regulations in June 2018 and a summary of some key changes to the current emergency rules can be found online at the California Cannabis Portal.
Some changes to the emergency regulations include “removing the requirement that retailers not display cannabis goods in a place visible from outside the licensed premises, clarifies that a delivery employee shall confirm the age and identity of the customer, requires the delivery driver to maintain a log that includes all stops” and an inventory ledger that must be updated after each customer delivery, according to the BCC.
While the licensing authorities are in the 45-day public comment period, they “will review each timely and relevant comment received” and will document their responses during the final stages of the rulemaking process.
Comments by the public may be submitted by writing to the BCC, the CDPH and the CDFA or may be submitted orally at a public comment hearing, but no public comments will be accepted by phone, according to the BCC.