California Draft Medical Cannabis Regulations Withdrawn

Bureau Cannabis Control

California’s three cannabis licensing authorities have announced the official withdrawal of the draft medical cannabis regulations and will develop emergency regulations based on new laws passed this year.

The California Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Food and Agriculture, and the Department of Public Health released draft regulations for the Medical Cannabis Regulation and Safety Act of 2015 (MCRSA).  These licensing authorities held several public hearings to accept verbal and written comments regarding the draft regulations.   The licensing authorities had planned to move forward with a separate draft regulatory package for the implementation of California Proposition 64: The Adult Use of Marijuana Act of 2016 (AUMA).  However, in late June, the Legislature passed and the Governor signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA, also known as Senate Bill 94), which created one regulatory system for both medicinal and adult-use cannabis.  (Read more about state cannabis law at California Cannabis Law.)  As a result, the licensing authorities will withdraw the proposed medical cannabis regulations noticed for public comment on April 28, 2017, and May 5, 2017.

The three cannabis licensing authorities are in the process of drafting emergency regulations based on the new law for the commercial medicinal and adult-use cannabis industries.  The licensing authorities will consider the public comments received on the draft medical cannabis regulations and use the feedback to inform the draft emergency regulations.  The emergency regulations are expected to be published in November 2017.

Protection Extended for State Medical Marijuana Programs

US Congress Protects State Marijuana

Protection was extended again for state medical marijuana programs when the President and Congress signed off on a three-month budget continuing resolution that will be in effect until December 8, 2017.

The budget resolution extends the Rohrabacher-Blumenauer Amendment which prohibits the use of federal funds to prevent states from implementing their own laws that allow for the use, cultivation, distribution, or possession of medical cannabis.  That language was initially passed by Congress in 2014 as the Rohrabacher-Farr Amendment and is now known as the Rohrabacher-Blumenauer Amendment.

In August, 2016, the Ninth Circuit Court of Appeals in United States v. McIntosh, 833 F.3d 1163, 1177 (9th Cir. 2016), unanimously ruled that the Rohrabacher-Farr Amendment bars the federal government from taking legal action against any individual involved in medical marijuana related activity absent evidence that the defendant is in clear violation of state law.

Because the provision is included as part of a Congressional spending package and does not explicitly amend the US Controlled Substances Act, members must re-authorize the amendment annually.