The State Of California Cannabis Regulation

By Benjie Cooper

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The California agencies charged with the implementation of 2015’s Medical Cannabis Regulation and Safety Act (MCRSA) have released the first draft of their rules for medical marijuana activity in the state. SB 420 was passed by the State Legislature in 2003 to clarify the scope of Proposition 215 for patients and provide a voluntary licensing system. But in the twenty years since California voters legalized medical cannabis, there has been little to no regulation of the industry. While many companies do submit their products for quality and safety testing, up until now, the practice has been voluntary.

While cannabis continues to regain a sense of normalcy in American culture, and use of the plant becomes more widespread, there are steps that need to be taken to help ensure the health and safety of anyone who uses it. Like the multitude of other medical and consumable product industries that do business in California, there are safety standards and rules in place that they must follow for continued operation. The laws are not arbitrary or written to make things difficult for the company; they are ultimately for the safety and protection of the end consumer. If a customer purchases food, drink, or medicine from a local proprietor, they can consume the products without worrying about adverse effects because there are laws that have been enacted to make sure it is safe. Cannabis consumers deserve the same kind of peace of mind when they are buying products from a neighborhood medical marijuana dispensary or retail outlet.

States that have legalized both medical and recreational have taken different approaches in how they’ve handled the issue of regulating the similar, yet separate industries. Some states have created individual licensing and regulation systems for each while others have opted to combine the two. The latter concept is what Governor Jerry Brown is currently proposing for California.

In changes to the Budget Trailer Bill, the Governor proposes merging the state’s recreational and medical marijuana systems into one major regulatory scheme with two separate licensing avenues. Under the bill, the name would change from the Adult Use of Marijuana Act (AUMA) to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

Regardless of whether or not the recreational and medical cannabis systems end up combining, regulations are coming for both industries. In the year ahead, marijuana producers and retailers can expect new quality and safety rules at every step of the process, from seed to sale. Quality assurance testing, packaging and labeling standards, potency limits, and ownership restrictions are just a few of the regulations that people can expect to see implemented in the near future.

As the Bureau of Medical Cannabis Regulation moves forward with the crafting and implementation of the new rules, they are inviting the public to be involved in an open discussion regarding the issue.  The Bureau will be holding a series of public hearings in early June at different locations across the state where interested persons may attend and present relevant oral or written statements. Additionally, people are being encouraged to submit written comments to the Bureau during the comment period, but they must be received by June 13 or at one of the hearings. To receive regular updates regarding the regulatory process, including information about public meetings and how to get involved, they are asking that people visit their website and subscribe to their e-mail or physical mailing list at http://www.bmcr.ca.gov.