Here Are The Rules For Legal Marijuana In California Once Law Goes Into Effect Jan. 1

Ron Strider

Well-Known Member
Cannabis businesses in California can't be within 600 feet of schools. Shops have to close by 10 p.m., and they need 24-hour video surveillance.

Those regulations are in the new rule book for California's cannabis industry, which state regulators released Thursday.

That gives new and established marijuana businesses their first look at 276 pages of regulations they must abide by come Jan. 1, when the state will start issuing licenses for the multibillion-dollar industry and allowing recreational pot sales to start for the first time.

The rushed timeline is the result of a series of conflicting laws passed over the last two years.

In fall 2015, Gov. Jerry Brown signed a trio of bills that mandated the first set of comprehensive regulations on medical marijuana in California by the start of 2018.

Then in fall 2016, voters passed Proposition 64, legalizing recreational marijuana. That measure also called for recreational cannabis businesses to get state licenses starting Jan. 1, 2018.

Since they were already at work on rules to rein in California's massive medical marijuana industry, state regulators – the Department of Food and Agriculture for cultivators, the Department of Public Health for manufacturers and the Department of Consumer Affair's Bureau of Cannabis Control for retailers, distributors and testers – published 211 pages of draft rules for that sector in April. The agencies then held a series of public hearings throughout the state, collecting thousands of comments from stakeholders.

The plan was to incorporate that feedback into final medical marijuana regulations, which were expected to arrive this fall. And the three agencies would also use the comments to shape recreational cannabis regulations, which would be issued under an "emergency rulemaking process," since there wasn't time to hold more public hearings before the Jan. 1 deadline.

But in June, legislators tacked Senate Bill 94 onto the state budget. That trailer bill – known as the the Medicinal and Adult-Use Cannabis Regulation and Safety Act – called for merging the medical and recreational laws into one unified system. And where there were discrepancies between the two, the bill largely sided with proposed rules for the recreational sector, including how cannabis would be distributed and what types of licenses would be available.

That meant the three state agencies had to go back to the drawing board. In September, they officially withdrew draft medical regulations and started crafting a new set of rules for both industry sectors under the streamlined emergency process.

Though there are no formal public hearings on the regulations ahead, Alex Traverso, spokesman for the cannabis bureau, said they plan to continue taking public comment and fine-tuning the rules as needed.

The state will get help going forward from its new 22-member Cannabis Advisory Committee, which met for the first time Thursday as the regulations were released in Sacramento.

The next step will come in December, as the state starts accepting applications for temporary business permits.

The permits will be good for four months. That gives marijuana business owners time to compile the additional information needed to get permanent licenses, including security plans, insurance bonds and business formation documents. It also gives the state time to review the applicant's information and conduct background checks without holding up the Jan. 1 launch date.

Come New Year's Day, cannabis shop owners will be waiting on an email from the state saying whether their temporary license has been approved. If they get the OK, they will be able to immediately start selling cannabis to any adult 21 and over with an ID.

Interest in running a licensed cannabis business has been high.

Thousands of people lined up for three workshops the state agencies held in October to help business owners better understand the overall process before applications are in circulation.

The agencies plan to also hold workshops in December catering to different sectors of the industry, with more detailed guidance on what's needed for growers, manufacturers, retailers, distributors and lab testers.

But in order to apply for a temporary or permanent cannabis business license, these aspiring entrepreneurs must first have permission from their local city or, if they're outside an incorporated city, the county. That's why local governments throughout California are rushing to pass regulations in advance of Jan. 1, with some now warming to marijuana businesses while most still have full bans in place.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Here are the rules for legal marijuana in California once law goes into effect Jan. 1 – Orange County Register
Author: Brooke Staggs
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Photo Credit: Wally Crawfish
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