Licensing fees will be deposited in each licensing authority’s account in the Marijuana Control Fund. Upon appropriation by the Legislature, each licensing authority will use the fees it has collected to perform the licensing authority’s duties under the act.
All related regulations will be based on the language of that initiative. At the same time, the basic priorities regarding public safety, safe products, and environmental safety remain the same.
Just as with the Medical Cannabis Regulation and Safety Act (MCRSA), licensing authorities will develop regulations for non-medical use with public safety as a priority. The regulatory program will include licensing requirements and an enforcement component.
The licensing authorities are closely analyzing the initiative as passed to determine how best to regulate both medical and non-medical use in an expeditious and efficient manner. Proposition 64 requires implementation through California’s regulatory process. The licensing authorities intend to take a similar approach with the initiative by involving stakeholders and the public in the regulatory process.
The initiative includes provisions designed to help keep cannabis away from children, including, but not limited to, marketing restrictions, school buffer zones, child-resistant packaging, and warning labels.
The California Department of Public Health (CDPH) is responsible for regulating the manufacturers of cannabis-infused edibles for both medical and non-medical use.
Although Proposition 64 amends some statutory provisions governing the Medical Marijuana Identification Card (MMIC) program, it does not abolish it. The California Department of Public Health (CDPH) will continue to print identification cards and maintain a registry database for verification of qualified patients and their primary caregivers.
The California Department of Food and Agriculture is responsible for licensing cultivators under the initiative. Cultivation requirements will generally remain the same for growing cannabis both for medical or non-medical use. Cannabis products offered for sale will need to be clearly differentiated as medical or non-medical.
No. Medical cultivation licenses are not valid for producing non-medical product. However, a licensed medical cultivator could also obtain a non-medical cultivation license under Business and Professions Code Section 26053, provided the site meets all the requirements for both the Medical Cannabis Regulation and Safety Act (MCRSA) and the initiative. The California Department of Food and Agriculture is responsible for licensing cultivators under the initiative.
The California Department of Food and Agriculture will establish the track-and-trace program for medical cannabis and non-medical cannabis. Track and trace will operate similar to the Medical Cannabis Regulation and Safety Act (MCRSA) requirements. This means the movement of cannabis and cannabis products will be documented throughout the supply chain from cultivation to sale. The system will ensure that if public safety concerns arise, the source can be quickly identified. Additionally, track and trace will be a tool to prevent product grown outside the legal framework from entering the regulated market and regulated product from being diverted to the black market.