Category: Delivery

California Marijuana Delivery

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2023 California Cannabis Bills

California Legislature Laws

[Updated] This is a roundup of the new California cannabis bills that have been introduced in the State Legislature for 2023. Lawmakers in the California Assembly and Senate introduced over 30 bills touching on cannabis (the deadline to introduce bills was Friday, Feb 17).

The 2023 California Cannabis Bills address a range of topics including: the transfer of California cannabis licenses; allowing a cannabis retailer to sell non-cannabis-infused food & beverages as well as tickets for performances; allowing cannabis licensees to make and sell hemp products; creating a new state cannabis caterer license; cannabis testing; track and trace data & the California Cannabis Authority; California FAIR Plan Association property reinsurance; unpaid invoices by cannabis licensees; cannabis advertisements & marketing; small producer event sales licenses; labeling and advertising; cannabis flavors; cannabis delivery employees; $15M for local equity programs; cannabis product recalls and testing; enforcement activities against unlawful cultivation & sale of cannabis; prescription drug warnings for negative interactions with cannabis; the California Environmental Quality Act (CEQA); an extended state provisional license timeline for local equity retail applicants; expanding the California Compassionate Access to Medical Cannabis Act or Ryan’s Law to a patient who is over 65 years of age with a chronic disease; cannabis taxation; mandatory product labels or inserts regarding the risks that cannabis use may cause consumers; unique identifiers attached to each cannabis plant; employment discrimination; cannabis activities that result in environmental harm being charged as felonies; cannabis investigations by the California State Water Resources Control Board; seizure of property; a cannabis licensing fallowing program; and more.

See the full list of California cannabis bills and read more about each of the current bills in the complete 2023 California Cannabis Law Legislative Update.

September 14 is the last day for any bill to be passed in 2023.  October 14, 2023 is the last day for the Governor to sign or veto bills.

The State Legislature is somewhat restricted in changing California cannabis laws. The Control Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide California general election, authorizes the California Legislature to amend its provisions by a bill passed with a 2/3 vote of each house of the Legislature, if the amendment furthers its purposes and intent.  AUMA also authorizes the Legislature to amend other provisions by a bill passed by a majority vote if the bill implements specified substantive provisions and the amendments are consistent with and further the purposes and intent of the act.

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.

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California Cannabis Businesses and COVID-19

COVID-19 California

[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.