California Department of Cannabis Control Releases New Proposed Regulations Today
By Andrea Golan
Mar 4, 2022
Yesterday, the California Department of Cannabis Control (DCC) unveiled its proposed changes to the cannabis regulations in a short public meeting. The text of the proposed rules is expected to be published on the cannabis.ca.gov website today. VS will analyze the full text once the proposed regulations are released—so stay tuned for further updates.
Starting today, the public will have 45 days to comment on the proposed changes and the Emergency Regulations published in September 2021. Depending on the extent of the feedback, it could result in an additional 45-day comment period, or a 15-day period if only minor changes are made to the proposed rules.
At that point, the regulations will be reviewed by the Office of the Administrative Law (OAL). The OAL will have 30 working days to review. Once approved, the regulations are filed with the Secretary of State and published in the Code of Regulations. Ultimately, we should see these new regulations go into effect sometime in Fall 2022.
Highlights of the key proposed changes:
Cultivation
- Will allow nurseries to designate trade samples
- Will allow the weight of the total harvest batch to be entered into Metrc when harvested, rather than requiring individual plant weights
Distribution
- Will remove the requirement that distributors carry a printed copy of the COA during transport
- Will allow cannabis goods held for storage to be distributed directly from the storage premises
- Will allow up to three sides of the transport vehicle to be used as walls of the secured storage
Manufacturing
- Removes the requirement for beverages to be in opaque bottles
- Will require closed-loop systems to be identified on the premises diagram; clarifies engineer certification required for the closed-loop system before its use
Retail
- Will increase the value of cannabis that delivery drivers can carry to $10,000 and removes the requirement that goods must be pre-ordered
- Will allow curbside pickup to be permanently available
- Will permit consumption lounges to sell prepackaged, non-alcoholic food and beverages if local jurisdiction allows
Events
- Will allow cannabis goods to be displayed by all participating licensees
- Will remove the requirement for specific retail employees to be identified prior to the event
Testing Laboratories
- Will specify the types of conflicts of interest that are prohibited
Labeling, Marketing, and Advertising
- Will add labeling and advertising requirements for the Appellations of Origin program
- Will require bulk goods transferred between licensees to be labeled with ingredients and allergens
Cannabis Products
- Will limit ingredients that can be used in inhalable products to cannabis, cannabis products, botanically-derived terpenes, and FDA “inactive ingredients”
- Will prohibit products that would be classified as medical devices or over-the-counter drugs, like nasal sprays, eye drops, and inhalers
License Applications
- Will simplify the license modifications process by designating specific changes that will require only notification to the DCC rather than pre-approval
How to Submit Public Comments
- Submit via email to: publiccomment@cannabis.ca.gov
- Attend the public hearings to be held on March 23 or April 19, from 10 a.m. to 1 p.m PT
- The deadline to submit comments is April 19 at 5 p.m. PT
- Note: When submitting comments, identify the topic and the regulation section you are addressing.
To view the DCC’s preview of its rulemaking proposals, see the DCC’s YouTube channel
The proposed rules are expected to be published on the cannabis.ca.gov website today, March 4.
Please contact a member of the VS California team if you wish to discuss these proposed rule changes in greater detail or if you would like our assistance in submitting public comments.