Cannabis Codes of California: Legalization Edition

Cannabis Codes of California, First Edition

©2017 Omar Figueroa, All rights reserved.

ISBN 978-0-9984215-0-6

ISBN 979-8-9856826-3-2 (e-book)

Disclaimer

This publication has been created to provide you with accurate and authoritative information concerning California cannabis law. It is sold with the understanding that the publisher is not engaged in rendering legal or other professional services. This publication is not a substitute for legal advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

The law is ever changing and sometimes errors happen even with careful attention to detail. Although this publication is designed to aid in the research and practice of cannabis law, it is recommended that you cross check the California Legislature website for any change in the law. Also, keep yourself informed by purchasing the most up to date volume of California Cannabis Codes as it comes available.

Colophon

This book was set in the Sabon typeface.

Preface

California cannabis law has greatly expanded in the past few years. Not only did California voters legalize cannabis for adults 21 and older with the passage of Proposition 64, known as the Adult Use of Marijuana Act (AUMA) in November of 2016, but the Legislature also created a new framework for medical cannabis regulations with several bills comprising the Medical Cannabis Regulation and Safety Act (MCRSA). California cannabis law keeps evolving; further legislative efforts to reconcile MCRSA and AUMA continue.

I am a practicing lawyer in California, and I saw an unmet need for a reference volume containing California’s cannabis laws. (I compiled my own binder with AB 243, AB 266, SB 643, etc., like many of my colleagues have, and when that task was completed, I realized I needed to organize the contents of the bills by code and code section.) All of the relevant code sections pertaining to cannabis law in California have been arranged into this comprehensive reference work. Moreover, the relevant code sections can be easily found with the annotated table of contents, with detailed section descriptors summarizing the contents of each code section.

Why is such a book necessary in this day of free online access to California’s Codes? Because Proposition 64 did not create a legal tabula rasa by repealing all former cannabis laws and establishing a new legal order. Instead, Proposition 64 changed and augmented the existing laws, making California cannabis laws even more byzantine than before.

It was not always this way. Cannabis was legal in California until 1913, when the Poison Act was amended to outlaw narcotic preparations of hemp or loco-weed. (At that point, it was legal under federal law.) In the 1950’s, possession was escalated to a felony with mandatory jail. The madness continued until 1976, when the Legislature decriminalized possession of small quantities of marijuana with the Moscone Act. Nevertheless, the cultivation of a single plant, and the sale or possession for sale of any amount, remained non-reducible felonies under California law for decades.

On November 5, 1996, California voters approved Proposition 215, the Compassionate Use Act (CUA), making California the first state in the United States to legalize the possession and cultivation of medical cannabis by patients and primary caregivers. For the first time in nearly a century, patients were allowed to use medical cannabis for the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

Senate Bill 420 was passed in 2003, and became effective on January 1, 2004, establishing a voluntary program for the issuance of official identification cards to qualified medical cannabis patients and caregivers. SB 420 also purported to establish default limits of no more than eight ounces of dried processed flowers per qualified patient and no more than six mature or 12 immature marijuana plants per qualified patient; these limits were subsequently struck down by the California Supreme Court as unconstitutional legislative amendments to Proposition 215, to the extent that they burden an accused’s defense. SB 420 also established a medical defense for qualified patients and caregivers who associate in order collectively or cooperatively to cultivate cannabis for medical purposes. The era of collectives and cooperatives was born.

In 2010, Governor Schwarzenegger signed Senate Bill 1449, which reclassified possession of up to 28.5 grams of marijuana from a no jail misdemeanor punishable by a $100 maximum fine, to an infraction with the same lenient penalties, but without the right to a jury trial afforded to misdemeanor defendants by the California Constitution.

The Medical Marijuana Regulation and Safety Act (with the unfortunate acronym MMRSA) was passed on September 11, 2015, and went into effect on January 1, 2016. It first consisted of three bills: SB 643, AB 266, and AB 243. They established a new regulatory agency, the Bureau of Medical Marijuana Regulation, created a regulatory framework with a dual licensing system requiring local permits and state licenses, and added a sunset clause to the collective and cooperative defense. Within the next year, more legislation was added, which resulted in numerous changes including a renamed Medical Cannabis Regulation and Safety Act (MCRSA) and Bureau of Medical Cannabis Regulation (BMCR).

On November 8, 2016, the California voters approved the Adult Use of Marijuana Act (AUMA), which officially went into effect the next day. AUMA partially legalized marijuana under state law by adults 21 and older, allowing adults to legally grow, possess, and use small quantities of marijuana for nonmedical purposes. It also reduced the severity of, and penalties for, many cannabis-related offenses, and established a regulatory framework for non-medical cannabis similar to the MCRSA framework. At this juncture, the laws governing medical and recreational cannabis are separate but similar, and the Legislature will attempt to reconcile them in the future.

The goal of this publication is to combine all of the relevant code sections related to cannabis law into a user-friendly guide that can be used by cannabis lawyers, scholars, and entrepreneurs to be able to research the law. We hope you find Cannabis Codes of California to be an indispensable tool in your legal library.

A Word About Legal Hierarchy

In order to get the most out of this resource, it’s helpful to know the legal nomenclature of California’s laws. Laws are contained in what are known as Codes, which are organized by subject matter, such as the Business and Professions Code, or the Health and Safety Code. Codes are divided into Titles, which are numbered and cover a broad area of law within that subject matter. Titles are further broken down into numbered Divisions which cover a narrow area of law within that Title. Divisions are broken down into Parts, followed by Chapters, then Articles, and finally into individual Sections. A law is most typically referred to in the California Courts by its Code name and Section number (for example, Health and Safety Code Section 11362.5).

I. Business and Professions Code Sections

II. Fish and Game Code Sections

III. Food and Agricultural Code Sections

IV. Government Code Sections

V. Health and Safety Code Sections

VI. Labor Code Sections

VII. Penal Code Sections

VIII. Revenue and Taxation Code Sections

IX. Vehicle Code Sections

X. Water Code Sections

XI. Helpful Charts

Table of Contents

I. Business and Professions Code Sections

Part A: Medical Cannabis Regulation and Safety Act

§ 27 [The Bureau of Medical Cannabis Regulation Shall Disclose on the Internet Information on its Licensees]

§ 101 [The Department of Consumer Affairs is Comprised of, Among Others, the Bureau of Medical Cannabis Regulation]

§ 144 [The Bureau of Medical Cannabis Regulation Shall Conduct Criminal History Record Checks]

§ 205.1 [Establishing the Medical Cannabis Regulation and Safety Act Fund, a Special Fund Within the Professions and Vocations Fund]

§ 2220.05 [Medical Board of California to Prioritize Investigative and Prosecutorial Resources]

§ 2241.5 [Treatment of Pain by Doctors; Requirements for Recommending Medical Cannabis]

§ 2242.1 [Prohibition on Prescribing, etc. on the Internet Without Appropriate Prior Examination and Medical Indication]

§ 2525 [Misdemeanor for Doctor Who Recommends Medical Cannabis to Accept, etc. Any Form of Remuneration From State Licensed Medical Cannabis Facility if Doctor or Immediate Family Have Financial Interest in Facility]

§ 2525.1 [The Medical Board Shall Consult with the Center for Medicinal Cannabis Research on Developing Guidelines for the Administration and Use of Medical Cannabis]

§ 2525.2 [Doctor or Osteopath Must Be Attending Physician to Recommend Medical Cannabis]

§ 2525.3 [Recommending Medical Cannabis Without Appropriate Prior Examination and Medical Indication Constitutes Unprofessional Conduct]

§ 2525.4 [Unprofessional Conduct for Physician Recommending Medical Cannabis to Be Employed By Entity Dispensing Medical Cannabis]

§ 2525.5 [Advertising for Physician Recommendations for Medical Cannabis; Mandatory Notice to Consumers]

Division 6. BUSINESS RIGHTS

Chapter 3. Trade Names and Designations

Article 3. Farm Names

§ 14460 [Farm Includes Ranch, Estate, and Villa]

§ 14461 [Farm Names May be Registered with the Secretary of State; Certificate]

§ 14462 [The Name of a Registered Farm May be Used as a Trade-mark on the Products Grown on the Farm]

§ 14463 [Registration Under this Article has the Same Effect as A California Trade-mark Registration]

§ 14464 [After a Farm Name has been Registered, No Other Farm in California May Register that Name Unless Designating Words are Prefixed or Added]

§ 14465 [Misdemeanor to Knowingly Register or Make Use of a Farm Name Already in Use]

Division 8. SPECIAL BUSINESS REGULATIONS

Chapter 3.5 Medical Cannabis Regulation and Safety Act.

Article 1. Definitions

§ 19300 [Official Title: Medical Cannabis Regulation and Safety Act]

§ 19300.5 [Definitions]

§ 19300.7 [License Classifications]

Article 2. Administration

§ 19302 [Bureau of Medical Cannabis Regulation Under Director of Department of Consumer Affairs]

§ 19302.1 [Governor to Appoint Chief, etc. of Bureau of Medical Cannabis Regulation; Respective Licensing Authority of Department of Consumer Affairs, Department of Food and Agriculture, and State Department of Public Health]

§ 19303 [Protection of the Public Shall Be Paramount]

§ 19304 [Rule-Making; Emergency Regulations by Licensing Authority]

§ 19305 [Notice of Action of Licensing Authority]

§ 19306 [Bureau May Convene Advisory Committee]

§ 19307 [Investigations by Licensing Authority]

§ 19308 [Hearings May Be Delegated to Administrative Law Judge]

§19309 [Hearing Before Licensing Authority; Witness Expenses]

§ 19310 [Licensing Authority May Reduce Penalty Assessment]

Article 3. Enforcement

§ 19311 [Grounds for Disciplinary Action]

§ 19312 [Notice, Hearing and Procedures for Disciplinary Action by Licensing Authority]

§ 19313.5 [Information-Sharing Regarding Suspended or Revoked Licenses]

§ 19314 [Time Limits for Initiating Disciplinary Action]

§ 19315 [Accommodation of Local and State Enforcement Activity]

§ 19316 [Dual Licensing: Local Standards, Requirements, and Regulations]

§ 19317 [Immunity from Arrest, Prosecution, Seizure or Forfeiture for Licensees, Landlords, etc.]

§ 19319 [Exemption from Licensure Requirements for Qualified Patients and Primary Caregivers]

Article 4. Licensing

§ 19320 [State License Required to Engage in Commercial Cannabis Activity; Dual Licensing System; Local Permit, License, or Other Authorization Also Required]

§ 19321 [State License Valid for 12 Months; Annual Renewal; Entities in Local Compliance May Continue Operations Until Application for State Licensure Approved or Denied; Priority Licensing for Operations in Good Standing with Local Jurisdiction by January 1, 2016; Enforcement of Proposition D in Los Angeles]

§ 19322 [State License Application Requirements; Background Check; Documentation of Compliance With Local Ordinances and Regulations; Seller’s Permit]

§ 19323 [Denial of Application for Licensure or Renewal; Grounds for Denial]

§ 19324 [Denial of Application in Writing; Petition and Hearing]

§ 19325 [State License Shall Not Be Denied Solely on Expunged Conviction]

Article 5. Medical Marijuana Regulation

§ 19326 [Supply Chain; Transportation Between Licensees by Transporter; Presale Quality Assurance and Inspection by Distributor; Testing of Medical Cannabis and Medical Cannabis Products by Testing Laboratory; On-Site Internal Testing]

§ 19327 [Record-keeping Requirements; Inspections; Penalties for Violation]

§ 19328 [Permissible License Combinations; Restrictions on Vertical Integration; Sunset Provision]

§ 19329 [Licensee May Not Be Licensed Retailer of Alcoholic Beverages]

§ 19330 [Employers May Prohibit Use of Cannabis]

Article 6. Licensed Cultivation Sites

§ 19331 [Legislative Declaration Seeking Guidance from the Department of Pesticide Regulation]

§ 19332 until January 1, 2018 [Regulation of Commercial Cultivation by the Department of Food and Agriculture and Other State Agencies; State Cultivator License Types]

§ 19332 after January 1, 2018 [Regulation of Commercial Cultivation by the Department of Food and Agriculture and Other State Agencies; State Cultivator License Types]

§ 19332.2 [Application for Cultivation License; Source of Water Supply]

§ 19332.5 [Organic Certification; Appellations of Origin; Unlawful to Misrepresent County Where the Medical Cannabis Was Grown]

§ 19333 [Employee Engaged in Commercial Cannabis Cultivation Activity Subject to Minimum Wage and Overtime Protections]

Article 7. Licensed Distributors, Dispensaries, and Transporters

§ 19334 [Department of Consumer Affairs to Issue State License for Dispensary, Producing Dispensary, Distributor, and Transport; Security Measures; Required Notifications by Dispensary in Case of Security Breach]

Article 7.5. Unique Identifier and Track and Trace Program

§ 19335 [Department of Food and Agriculture to Establish a Track and Trace Program for Reporting the Movement of Medical Cannabis Items Throughout the Distribution Chain Utilizing a Unique Identifier; Electronic Database Containing Electronic Shipping Manifests Designed to Flag Irregularities]

§ 19336 [Revenue and Taxation Code Procedures Apply with Respect to Disclosure of Information and the Collections of Fees, Civil Fines, and Penalties]

Article 8. Licensed Transporters

§ 19337 [Licensed Transporter Required to Complete and Transmit Electronic Shipping Manifest With Unique Identifier Prior to Transporting; During Transportation, Licensee to Maintain Physical Copy of the Shipping Manifest; Licensee Receiving Shipment to Submit Verification of Receipt]

§ 19338 [No Transportation Outside the State Unless Authorized by Federal Law; Local Jurisdiction Shall Not Prevent Transportation by Licensee on Public Roads]

Article 9. Delivery

§ 19340 [Deliveries Only By Dispensary Where Not Explicitly Prohibited by Local Ordinance; Delivery Request Documentation; Local Jurisdiction Shall Not Prevent Carriage by Licensee on Public Roads]

Article 10. Licensed Manufacturers and Licensed Laboratories

§ 19341 [State Department of Public Health to Promulgate Regulations for Licensing Manufacturers; Types of Licenses]

§ 19342 [Testing Laboratory Methods and Accreditation; Destruction of Remains Upon Completion of Laboratory Analysis]

§ 19343 [Testing Laboratory May Not Hold or Have Ownership Interest in Another License Category; License Requirements]

§ 19344 [Testing Laboratory Certificate of Analysis; Chemical Profile]

§ 19345 [Testing Laboratory Chain of Custody Protocol Required; Testing of Samples from Qualified Patient or Primary Caregiver; Bureau of Medical Cannabis Regulation to Develop Procedures; Cultivators and Manufacturers to Pay Testing Costs]

§ 19347 [Packaging and Labeling Requirements]

§ 19347.1 [Testing Laboratory Chain of Custody Protocol Required; Testing of Samples from Qualified Patient or Primary Care giver; Bureau of Medical Cannabis Regulation to Develop Procedures; Cultivators and Manufacturers to Pay Testing Costs]

§ 19347.2 [Department of Public Health Authorized to Establish Administrative Citation System for Unlicensed Activity]

§ 19347.3 [Department of Public Health Authorized to Issue Written Notice or Warning; May Require Written Plan of Correction]

§ 19347.4 [Department of Public Health May Notify the Public Regarding Any Product When Deemed Necessary for Protection of Health and Safety, or Protection from Fraud]

§ 19347.5 [Definition of Misbranded Medical Cannabis Product; Unlawful to Misbrand; Unlawful to Sell, Offer, etc. Misbranded Product]

§ 19347.6 [Definition of Adulterated Medical Cannabis Product; Unlawful to Adulterate; Unlawful to Sell, Offer, etc. Adulterated Product]

§ 19347.7 [Department of Public Health May Order Product Recall; Opportunity for Informal Proceeding on Recall Order]

§ 19347.8 [Department of Public Health May Detain or Embargo Adulterated or Misbranded Medical Cannabis Product; Marking, Correction and Destruction; Proceeding for Condemnation]

Article 11. Taxation

§ 19348 [County May Impose Tax on the Privilege of Cultivating, Dispensing, Producing, Processing, Preparing, Stoing, Providing, Donating, Selling, or Distributing Medical Cannbis or Medical Cannabis Products With Voter Approval]

Article 13. Funding

§ 19350 [Licensing Authorities to Establish Application, Licensing, and Renewal Fees to Be Deposited into the Medical Cannabis Regulation and Safety Act Fund]

§ 19351 [Establishment and Funding of the Medical Cannabis Regulation and Safety Act Fund; Establishment of Medical Cannabis Fines and Penalties Account Within the Fund; Establishment and Funding of Enforcement Grant Program]

§ 19352 [Appropriation of $10,000,000 from the Medical Marijuana Regulation and Safety Act Fund to Begin the Activities of the Bureau of Medical Marijuana Regulation]

Article 14. Reporting

§ 19353 until January 1, 2017 [Annual Report from Each Licensing Authority to the Legislature; Contents of Report]

§ 19353 after January 1, 2017 [Annual Report from Each Licensing Authority to the Legislature; Contents of Report]

§ 19354 [Center for Medical Cannabis Research to Develop a Study of the Impact of Cannabis on Motor Skills]

Article 15. Privacy

§ 19355 [Confidentiality Requirements for Medical Information and Exceptions for Disclosure]

Article 17. Penalties and Violations

§ 19360 [Civil Penalties for Unlicensed and Licensed Commercial Cannabis Activity; Action for Civil Penalties Against Licensee and Government Entities to Receive Penalty Collected; Criminal Penalties Continue to Apply to Unlicensed Cannabis Activity]

Part B: Adult Use of Marijuana Act

Division 10. Marijuana

[Added to the Business and Professions Code by Proposition 64]

Chapter 1. General Provisions and Definitions

§ 26000 [Purpose and Intent of Division 10; Expands Power and Duties of State Agencies to Control and Regulate the Commercial Nonmedical Marijuana Industry; By Majority Vote the Legislature May Enact Laws to Implement Division 10]

§ 26001 [Definitions]

Chapter 2. Administration

§ 26010 [The Bureau of Medical Marijuana Regulation is Renamed the Bureau of Marijuana Control; Powers, Duties, Purposes, Responsibilities, and Jurisdiction of the Bureau to Regulate Medical and Adult Use Commercial Cannabis Activity Under MCRSA, Chapter 3.5 of Division 8, and AUMA, Division 10]

§ 26011 [Clean Government Restrictions Upon the Chief of the Bureau and Members of the Marijuana Control Appeals Panel]

§ 26012 [Designation of Licensing Authorities: the Department of Consumer Affairs, the Department of Food and Agriculture, and the Department of Public Health; Licensing Authorities May Collect Fees and Create Additional Licenses; Licensing Authorities Shall Begin Issuing Licenses by January 1, 2018]

§26013 [Licensing Authorities to Issue Reasonable Rules and Regulations, Including Emergency Regulations; Limitations on Regulations]

§ 26014 [Establishment of Advisory Committee to Advise Bureau of Marijuana Control and Licensing Authorities; Annual Public Report by Advisory Committee]

§ 26015 [Licensing Authority to Conduct Investigations]

§ 26016 [Licensing Authority May Delegate Power to Hear and Decide to Administrative Law Judge]

§ 26017 [Licensing Authority May Pay Expenses of Witness Subpoenaed to Hearing Before Licensing Authority]

§ 26018 [Licensing Authority May Review Penalty Assessment; Review Limited to Penalty Reduction]

Chapter 3. Enforcement

§ 26030 [Grounds for Disciplinary Action]

§ 26031 [Licensing Authority May Suspend or Revoke Licenses; Procedures for Disciplinary Proceedings]

§ 26032 [Disciplinary Action for Violation Committed by Licensee’s Agent or Employee Acting on Behalf of Licensee]

§ 26033 [Requirement to Inform the Bureau of Marijuana Control of Suspension or Revocation of License; Dissemination to Other Licensing Authorities]

§ 26034 [Time Limits for Accusations Against Licensees]

§ 26035 [Director of the Department of Consumer Affairs Shall Designate Employees for Administration and Enforcement of Division 10; Sufficient Number of Enforcement Employees Must be Qualified Peace Officers]

§ 26036 [Division 10 Shall Not Be Interpreted to Supersede or Limit State Agencies From Exercising Existing Enforcement Authority]

§ 26037 [No Arrest, Prosecution, Etc. for Actions by Licensee, Employees, and Agents Permitted Pursuant to State License and in Accordance with Requirements and Regulations; Protection for Property Owners]

§ 26038 [Penalties for Unlicensed and Licensed Commercial Medical Cannabis Activity; Designation of Where to Deposit Penalty Collected; Clarification of Continued Criminal Penalties]

Chapter 4. Appeals

§ 26040 [Establishment of Marijuana Control Appeals Panel; Appointment of Panel Members; Annual Salary; Removal Process]

§ 26041 [Marijuana Control Appeals Panel Personnel and Logistics]

§ 26042 [Procedures for Appeals]

§ 26043 [Review by the Marijuana Control Appeals Panel; Questions to be Considered on Appeal]

§ 26044 [Remanding for Reconsideration by the Bureau or Licensing Authority; Affirming or Reversing the Decision of the Bureau or Licensing Authority]

§ 26045 [Orders of the Marijuana Control Appeals Panel Subject to Judicial Review]

Chapter 5. Licensing

§ 26050 [License Classifications; Designation as Commercial Marijuana (Nonmedical); License Valid 12 Months; Each Licensing Authority to Establish Procedures for the Issuance and Renewal of Licenses; Temporary Licenses]

§ 26051 [Factors for Licensing Authority to Consider on Issuance, Denial, or Renewal of License; Definition of Excessive Concentration of Licensees]

§ 26052 [Restrictions of Licensee, Employee, Agent, or Contractor in Regard to Fair Trade and Competition; Personal Liability for Violation; Regulation by Licensing Authority; Any Person or Trade Association May Bring Legal Action]

§ 26053 [Bureau and Licensing Authorities May Issue AUMA Licenses to MCRSA Licensees; Allowable License Combinations for Testing Laboratories; Multiple Licenses]

§ 26054 [Licensee Shall Not Be Licensed as Retailer of Alcoholic Beverages or Tobacco Products; Radius from School, Day Care Center, or Youth Center; Research and Development by Business Engaged in the Manufacture of Marijuana Accessories]

§ 26054.1 [California Durational Residency Requirement; Sunset Clause]

§ 26054.2 [Priority Licensing; Identification by Local Jurisdiction of Potential Applicants for Licensure; Sunset Clause]

§ 26055 [Licensing Authorities May Issue State License Only to Qualified Applicants; Separate Licenses for Each Premises; Restriction on Changes or Alterations to the Premises After Issuance or Transfer of License; Licensing Authorities Must Deny Application if Approval of State License Will Violate Local Ordinance or Regulation]

§ 26056 [License Application Requirements; Electronic Fingerprints; Evidence that Proposed Location Meets Location Restriction; Operating Procedures Including Sources of Water; Detailed Diagram]

§ 26056.5 [Bureau to Devise Protocols to Ensure Compliance with State Laws and Regulations Related to Environmental Impacts, Natural Resource Protection, Water Quality, Etc.]

§ 26057 [Grounds for Denial of State License]

§ 26058 [Written Notification of Denial of Application]

§ 26059 [Denial Shall Not Be Based Solely on Misconduct Where Applicant Has Obtained Certificate of Rehabilitation or Dismissal of Conviction]

Chapter 6. Licensed Cultivation Sites

§ 26060 [Regulations by Department of Food and Agriculture and Department of Pesticide Regulation; Conditions Requested by State Water Resources Control Board and Department of Fish and Wildlife]

§ 26061 [State Cultivator License Types; Restrictions on Type 5, Type 5A, and Type 5B Licenses]

§ 26062 [Certified Organic Designation and Organic Certification Program]

§ 26063 [Recognition of Appellation of Origin; Misidentification of County of Origin Prohibited]

§ 26064 [Licensed Cultivator to Ensure that the Licensed Premises Not Pose an Unreasonable Risk of Fire or Combustion]

§ 26065 [Employee Engaged in Cultivation Subject to Wage Order No. 4-2001 of the Industrial Welfare Commission]

§ 26066 [Licensed Cultivation Shall be Conducted to Ensure Compliance with State and Local Laws; State Agencies Shall Address Environmental Impacts and Coordinate Enforcement Efforts]

§ 26067 [Department of Food and Agriculture to Establish Marijuana Cultivation Program; Unique Identifier Program]

Chapter 7. Retailers and Distributors

§ 26070 [Retailer, Distributor, and Microbusiness Licenses to be Issued by the Department of Consumer Affairs; Security and Transportation Safety Requirements]

§ 26070.5 [Feasibility Determination for Nonprofit Licenses; Temporary Local Licenses to Nonprofit Entities]

Chapter 8. Distribution and Transport

§ 26080 [Restriction on Transportation or Distribution Outside California Unless Authorized by Federal Law; Transportation on Public Roads by Licensee and Limits of Local Control]

Chapter 9. Delivery

§ 26090 [Deliveries by Licensed Retailer, Microbusiness, or Nonprofit; Customer to Maintain Copy of Delivery Request; Local Jurisdiction Cannot Prevent Delivery on Public Roads by Licensee Acting in Compliance with Local Law]

Chapter 10. Manufacturers and Testing Laboratories

§ 26100 [Manufacturing and Testing License Types; Restrictions on Vertical Integration and Avoidance of Conflict of Interest by Testing Licensees; Definition of Volatile Solvents]

§ 26101 [Marijuana or Marijuana Product Testing Requirements; Chemical Profile; Contaminants; Residual Levels of Volatile Organic Compounds; Testing Methods; Chain of Custody Protocol]

§ 26102 [Licensed Testing Service Must Meet MCRSA Requirements]

§ 26103 [Licensed Testing Service to Issue Certificate of Analysis With Each Lot]

§ 26104 [Licensed Testing Service to Comply With Applicable Law and Regulations; Procedures to be Established by the Department of Public Health to Ensure Testing Prior to Consumption; Frequency and Cost of Testing; Destruction of Noncompliant Harvested Beaches; Remedial Measures to Bring Into Compliance with Quality Assurance Standards]

§ 26105 [Manufacturing Level 2; Limitation of Risk to Public Safety Created by Volatile Solvents; Department of Public Health to Establish Minimum Standards]

§ 26106 [Standards Developed by the Department of Public Health for the Production and Labeling of Marijuana Products Apply to Licensed Manufacturers, Microbusinesses, and Nonprofits]

Chapter 11. Quality Assurance, Inspection, and Testing

§ 26110 [Quality Assurance, Inspection, and Testing Shall be in the Same Manner as Provided in Section 19326 of MCRSA Except as Otherwise Provided]

Chapter 12. Packaging and Labeling

§ 26120 [Quality Assurance, Inspection, and Testing Shall be in the Same Manner as Provided in Section 19326 of MCRSA Except as Otherwise Provided]

Chapter 13. Marijuana Products

§ 26130 [Marijuana Product Restrictions; Standardized Dosage and Serving Size; Sufficient Information for Informed Consumption and Directions; Etc.]

Chapter 14. Protection of Minors

§ 26140 [Licensees to Shun Persons Under 21 Years of Age; Use of Persons Under 21 Years of Age Allowed as Decoys for Enforcement; Exceptions for Licensee that is Also a Dispensary Licensed Under MCRSA]

Chapter 15. Advertising and Marketing Restrictions

§ 26150 [Definitions]

§ 26151 [Requirement of Identification of Licensee in Advertisement or Marketing; Restrictions on Minor Audience; Age Verification; Advertising Must Be Truthful and Appropriately Substantiated]

§ 26152 [Restrictions on Advertising and Marketing by Licensees]

§ 26153 [Prohibition on Giving Away Marijuana, Marijuana Products, or Marijuana Accessories for Business Promotion]

§ 26154 [Restrictions on Health Related Statements in Advertising or Marketing]

§ 26155 [Exceptions to Restrictions on Advertising]

Chapter 16. Records

§ 26160 [Record Keeping and Maintenance by Licensees of Commercial Marijuana Activity; Examination of Records and Inspections of Premises; Citation and Fine for Violation]

§ 26161 [Specific Records Required for Each Sale or Transport Between Licensees; Sales Invoice Information]

Chapter 17. Track and Trace System

§ 26170 [Expansion of MCRSA Track and Trace Program; Electronic Seed to Sale Software Tracking System with Data Points for Different Stages of Commercial Activity; Interoperability with Third-Party Applications to Report Movement Throughout Distribution Chain; Application Programming Interface (API) or Comparable Technology; Test Environment for Third-Party Applications]

Chapter 18. License Fees

§ 26180 [Licensure and Renewals Fees to be Established by Each Licensing Authority; Fees Set on Scaled Basis Dependent on Size of the Business; Fees Deposited in Each Licensing Authority’s Account in the Marijuana Control Fund]

§ 26181 [Authorization for State Agencies to Establish Fees to Cover Costs of Marijuana Regulatory Programs]

Chapter 19. Annual Reports; Performance Audit

§ 26190 [Requirement of Annual Report to the Legislature by Each Licensing Authority; Posting on Authority’s Website; Information Included in Report]

§ 26191 [Annual Performance Audit by the Bureau of State Audits; Information Included in Report of Performance Audit]

Chapter 20. Local Control

§ 26200 [Deference to Jurisdiction to Adopt and Enforce Local Ordinances to Regulate Licensed Businesses or to Completely Prohibit the Establishment or Operation of One or More Types of Licensed Businesses; Local Jurisdiction to Notify Bureau Upon Revocation of Local License, Permit, or Authorization; Local Jurisdiction May Allow Smoking, Vaporizing, and Ingesting of Marijuana or Marijuana Products on Premises of Retailer or Microbusiness; Restrictions]

§ 26201 [State to Establish Minimum Standards, Requirements, and Regulations; Local Jurisdiction May Establish Additional Standards, Requirements, and Regulations]

§ 26202 [Delegation of Enforcement Authority to Local Jurisdiction; Memorandum of Understanding Between Bureau or Licensing Authority and the Local Jurisdiction]

Chapter 21. Funding

§ 26210 [Change of Fund Name to Marijuana Control Fund]

§ 26211 [Advances from the General Fund; Annual Funding by the Legislature; Public Information Program by the Department of Health Care Services]

II. Fish and Game Code Sections

§ 1602 [Notification Requirements for the Diversion or Obstruction of Natural Bodies of Water]

§ 1617 [Department General Agreement Related to Cannabis Cultivation Specifics]

§ 2080 [Restriction on Import and Export of Endangered or Threatened Species In or Out of California]

§ 3513 [Migratory Nongame Bird Law]

§ 5650 [List of Materials Unlawful to Deposit In, Permit to Pass Into, or Place Where It Can Pass Into Waters; Exceptions; Defenses]

§ 5652 [List of Unlawful Items to Be Deposited, Permitted to Pass Into, Placed Where It Can Pass Into, Abandoned, Disposed of, or Thrown Away Within 150 Feet of the High Water Mark of the Waters of the State; Specifics on Motor Vehicle Violations; Exceptions]

§ 12025.2 [Complaint in Accordance with Water Code Section 1055]

§ 12029 [Findings of the Legislature on the Environmental Impact of Cannabis Cultivation; Establishment of Watershed Enforcement Program; Establishment of Multiagency Task Force to Address Environmental Impacts; Department May Adopt Regulations to Enhance Fees]

III. Food and Agricultural Code Sections

§ 37104 [Medical Cannabis Milk Product Exception]

§ 52452 [Cannabis Seed Labeling Requirements; Exceptions to the Labeling Requirement; Definition of neighbor]

§ 81000 [Definitions Related to Hemp Division]

§ 81006 [Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing]

§ 81008 [Required Attorney General Reports on Industrial Hemp]

§ 81010 [Operation of Division]

IV. Government Code Sections

§ 9147.7 [Definition of Eligible Agency; Creation of Joint Sunset Review Committee; Agency Report Requirements; Procedure for Repeal of Agency]

§ 68152 [Destruction of Court Records]

V. Health and Safety Code Sections

§ 7151.36 [Medical Marijuana Provisions for Organ Transplants]

§ 11006.5 [Definition of Concentrated Cannabis]

§ 11007 [Definition of Controlled Substance]

§ 11014.5 [Definition of Drug Paraphernalia]

§ 11018 [Definition of Marijuana]

§ 11018.1 [Definition of Marijuana Products]

§ 11018.2 [Definition of Marijuana Accessories]

§ 11018.5 [Definition of Industrial Hemp; Industrial Shall be Regulated by the Department of Food and Agriculture]

§ 11054 (a), (d)(13), and (d)(20) [Schedule 1 Classification]

§ 11357 [Possession of Marijuana; Possession of Concentrated Cannabis]

§ 11357.5 [Synthetic Cannabinoid Compound or Synthetic Cannabinoid Derivative]

§ 11358 [Cultivation of Marijuana]

§ 11359 [Possession of Marijuana for Sale]

§ 11360 [Unlawful Transportation, Importation, Sale, or Gift of Marijuana]

§ 11361 [Restrictions Related to Marijuana and Minors]

§ 11361.1 [Drug Education and Counseling Provisions for Marijuana]

§ 11361.5 [Destruction of Arrest and Conviction Records; Procedure; Exceptions]

§ 11361.7 [Restrictions on Use/Reliability of Records Subject to Destruction Under Section 11361.5]

§ 11361.8 [Petition for Reduction or Dismissal of Charges Due to Changes in the Law Under the Control, Regulate, and Tax Adult Use of Marijuana Act; Procedure]

§ 11362 [Meaning of Felony Offense and Offense Punishable as a Felony Within This Article]

§ 11362.1 [Lawful Marijuana Under State and Local Law; Not Subject to Seizure and Shall Not Constitute the Basis For Detention, Search, or Arrest]

§ 11362.2 [Restrictions on Personal Cultivation of Marijuana]

§ 11362.3 [Restrictions on Lawful Marijuana and Marijuana Products Possession, Use, and Manufacturing]

§ 11362.4 [Punishment for Violations of Section 11362.2 and 11362.3; Drug Education, Counseling, and Community Service Provisions]

§ 11362.45 [List of Laws and Provisions that 11362.1 Shall Not Amend, Repeal, Affect, Restrict, or Preempt]

§ 11362.5 [Compassionate Use Act of 1996 (Proposition 215)]

§ 11362.7 [Definitions Related to Medical Marijuana]

§ 11362.71 [State Medical Marijuana ID Card Program; Procedures; Protections Against Arrest]

§ 11362.712 [Physician’s Recommendation and State ID Card Compliance with Article 25