[Update 2023: This 2020 article covers COVID-19 regulations and operating procedures for California cannabis businesses during the recent COVID-19 pandemic. With things returning to a more normal, cannabis businesses should remember that all businesses in California must still comply with the COVID-19 Prevention Non-Emergency Regulations which are in effect until February 3, 2025.]
California cannabis businesses continue to operate during the COVID-19 pandemic. While Governor Gavin Newsom issued a stay at home order to protect the public and slow the spread of the COVID-19 coronavirus, cannabis businesses have been deemed essential services (along with food, pharmacies, healthcare, gas stations, banks and others) and may continue to operate. See the California State Public Health Officer’s full designation of “California Essential Critical Infrastructure Workers.”
California cannabis business licensees that continue to operate must still comply with local rules and regulations (cities and counties can impose stricter requirements than the state). Cannabis businesses must also adopt social distancing and anti-congregating measures, and follow the CDC’s Guidance for Businesses and Employers including measures to reduce transmission among employees, maintain healthy business operations, and maintain a healthy work environment.
During this COVID-19 pandemic, California cannabis businesses may find that they are unable to comply with specific regulatory requirements. For example, a cannabis storefront retail business may need to provide curbside pickup outside the store. Cannabis businesses may request relief from specific cannabis licensing requirements under the disaster relief provisions of section 5038 of the California Bureau of Cannabis Control’s (BCC) regulations or under California Department of Food and Agriculture (CDFA) regulation 8207, or under California Department of Public Health (CDPH) regulation 40182. (Read more about California Cannabis Regulations.)
These regulations allow the BCC, CDFA and CDPH to provide temporary relief from specific licensing requirements for a reasonable amount of time. Cannabis licensees must first get approval from the pertinent licensing agency before changing operations. This temporary relief may be requested from the BCC using its Notification and Request Form (BCC-LIC-027). The cannabis licensing agencies may require that certain conditions be followed in order for a licensee to receive temporary relief. (Read more about California Cannabis Licensing.)
For more information useful to cannabis businesses operating in this COVID-19 environment see the Guidance on Requirements to Protect Workers from Coronavirus by the California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA), as well as the bulletin Cannabis Product Safety During COVID-19 by the California Department of Public Health’s Manufactured Cannabis Safety Branch. For general information regarding the COVID-19 coronavirus response in California see Coronavirus (COVID-19) in California.
At the Law Offices of Jennifer McGrath, we continue to serve our clients during this difficult time and remain available to advise California cannabis businesses.
Contact us by phone or email to learn more about California cannabis law including state, county or city cannabis licensing and cannabis regulations, cannabis regulatory compliance, and cannabis litigation.
