California Cannabis Licensing for Medical & Recreational Use
Adult Use
In November 2016, voters approved Proposition 64, or the Adult Use of Marijuana Act, which legalized cannabis for adult use in the state. Decades before that, California became the first state to allow medical cannabis use when voters passed the Compassionate Use Act in 1996. Today, cannabis is legal in California for both medicinal and adult use.
California’s Department of Cannabis Control (DCC) is responsible for licensing and regulating cannabis businesses. DCC regulates the growing of cannabis plants; manufacture of cannabis products; transportation and tracking of cannabis goods throughout the state; sale of cannabis goods; events where cannabis is sold or used; and labeling of goods sold at retail. DCC has several divisions that help cannabis operators get licensed, stay in compliance, and learn about new regulations. These divisions include Administration, Compliance, Enforcement, Equity and Inclusion, Government Affairs, Information Technology Services, Laboratory Services, Legal Affairs, Licensing, Policy and Research, and Public Affairs. There is also a Cannabis Advisory Committee which makes recommendations to DCC about regulations and licensing.
DCC issues licenses based on the type of cannabis activity that your business will perform. As such, if you want to do more than one activity, you may need more than one license. You must have a valid DCC license before performing any commercial cannabis activity, including growing cannabis (cultivation), transporting cannabis (distribution), making cannabis products (manufacturing), testing cannabis or cannabis products (testing laboratory), selling cannabis (retail), or holding an event where cannabis will be sold (event organizers). Each license type has a different application fee.
California offers several different types of adult-use cannabis licenses, which include all of the following:
- Cultivation Licenses – Cultivation license types are based on the type of production; and lighting used, and the number of plants grown or the size of the canopy. The canopy is the area where mature (flowering) plants are grown. There are specialty cottage, specialty, small, medium, large, nursery, and processor cultivation licenses available. Specialty cottage, specialty, small, medium, and large cultivation licenses are further broken down by type based on whether they are indoor, outdoor, or mixed-light and based on size. Outdoor licenses (i.e., specialty cottage outdoor, specialty outdoor, small outdoor, medium outdoor, or large outdoor) are for cultivators who grow cannabis outside without using any artificial lighting on mature plants. Indoor licenses (i.e., specialty cottage indoor, specialty indoor, small indoor, medium indoor, or large indoor) are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. Mixed-light licenses (i.e., specialty cottage mixed-light tier 1 and 2, etc.) are for cultivators who grow cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure; and mixed-light licenses have two tiers based on the amount of artificial light used. Meanwhile, nursery cultivation licenses are for cultivators that only grow clones, immature plants, seeds, or other types of cannabis used for propagation; and processor cultivation licenses are for cultivators that only trim, sift, cure, dry, grade, package, or label cannabis.
- Manufacturing Licenses – Manufacturing license types are based on the activities performed; the chemicals used for extraction and post-processing, if any; and whether the manufacturer works in a shared-use facility. The manufacturing license types are as follows: Type 7 (volatile solvent manufacturing); Type 6 (non-volatile solvent manufacturing or mechanical extraction); Type N (infusion of products); Type P (packaging and labeling); and Type S (manufacturers who work in a shared-use facility). There is some overlap in the activities permitted by the various manufacturing licensees. For instance, Type N manufacturers can make cannabis products through infusion AND package and label cannabis; whereas Type P manufacturers can only package and label cannabis products.
- Distribution Licenses – There are two distributor license types available. Type 11 distributors can move cannabis and cannabis products between cultivation, manufacturing, or distribution premises; move finished cannabis goods to retail premises; provide storage services to other licensees; and arrange for testing of cannabis goods. Type 13 (transport-only) distributors can move cannabis and cannabis products between cultivation, manufacturing, or distribution premises. Reduced fees are available if you only want to transport the goods you cultivate or manufacture yourself.
- Testing Laboratory Licenses – The Type 8 license is for laboratories that test cannabis goods prior to sale at a retailer. Testing laboratories must obtain and maintain ISO/IEC 17025 accreditation. However, you can use an interim testing license while you work on your accreditation.
- Retail Licenses – There are also two retail licenses available. Type 9 or non-storefront retailers (delivery only) sell cannabis goods to customers only through delivery. Type 10 or storefront retailers have a physical location where cannabis goods are sold. Storefront retailers can also deliver cannabis goods.
- Event Licenses – There are two types of cannabis event licenses: the event organizer license, which is for the person hosting cannabis events, and the temporary cannabis event license, which is for the event itself. Cannabis events can only be held by a person with an event organizer license.
- Microbusiness Licenses – The Type 12 license is for businesses that do at least three of the following activities at one location: cultivation–up to 10,000 total square feet; manufacturing–use of non-volatile solvents, mechanical extraction, or infusion; distribution or distribution transport-only; or retail–storefront or non-storefront.
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It is important to note that many California cities and counties have rules and require local permitting for cannabis businesses, and some do not allow cannabis businesses at all. You must make sure you set up your business in an area that allows commercial cannabis activity and complete any permitting requirements the city or county requires before you apply for a state cannabis license.
Hemp
In California, the cultivation, processing, and retail sale of hemp are regulated under comprehensive state laws and regulations designed to align with federal standards. The oversight of these activities involves multiple state departments to ensure compliance and safety.
- Cultivation – To cultivate hemp in California, farmers must register with the county agricultural commissioner, which is coordinated by the California Department of Food and Agriculture (CDFA). The registration process requires farmers to submit an application that includes information about the cultivation sites and to pay an annual registration fee that varies by county. This fee is generally around $900. Importantly, farmers must adhere to testing protocols that confirm THC levels in hemp do not exceed the 0.3% legal limit. The CDFA provides detailed guidelines and application forms on its Industrial Hemp Program webpage, which serves as a resource for prospective hemp cultivators.
- Processing and Sale of Hemp Products – The California Department of Public Health (CDPH) oversees the processing and sale of hemp products intended for human consumption, such as CBD oils and edibles. Manufacturers and processors of these products must comply with state health and safety codes, which include obtaining appropriate licensing, adhering to strict labeling requirements that disclose CBD content and source, and ensuring products are free from harmful contaminants. These regulations ensure consumer safety and product reliability in the market.
- Retail Sale – California retailers selling hemp-derived products must ensure compliance with state and federal regulations concerning the quality and labeling of the products. While specific licenses for retailing hemp products are not distinct from other retail products, retailers must guarantee that all hemp items sold adhere to established state standards for labeling and safety.
- Disposal of Non-Compliant Hemp – In instances where hemp crops test above the legal THC threshold, the state classifies them as non-compliant under federal and state marijuana regulations. Growers must then follow strict disposal procedures regulated by the CDFA in collaboration with local law enforcement to ensure the crop is handled according to marijuana disposal laws.
- Additional Considerations – California also mandates annual reporting by hemp growers, which involves submitting crop data to county officials. Those interested in propagating hemp for commercial purposes must obtain a nursery license from the CDFA, and research institutions require special registration to cultivate hemp for academic and experimental purposes.
These regulations form a robust framework for managing hemp production and sales in California, emphasizing compliance, safety, and environmental responsibility. For individuals and businesses looking to enter the hemp industry, understanding these rules is crucial. Detailed and up-to-date information can be accessed through the official websites of the CDFA and CDPH, which provide resources and guidance for navigating the regulatory landscape.
Psychedelics
In California, psychedelics such as psilocybin, LSD, and MDMA remain classified under Schedule I of the Controlled Substances Act, indicating that they are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. However, several cities have taken steps to deprioritize law enforcement actions against the use and possession of natural psychedelics. Cities like Oakland, Santa Cruz, and Berkeley have passed resolutions declaring that the investigation and arrest of individuals for using or possessing entheogenic plants are among the lowest priorities for law enforcement.
- Ketamine Laws and Telehealth – Ketamine, classified differently due to its accepted medical use as an anesthetic and for treating depression, can be prescribed via telehealth in California. State laws allow the remote prescription of controlled substances, including ketamine, provided that a proper patient-provider relationship has been established and the standard of care is met as it would be in a face-to-face consultation.
- State Right to Try – California adheres to the federal “Right to Try” Act, which allows terminally ill patients to access investigational drugs that have passed Phase 1 of the FDA approval process but have not been fully approved by the FDA. This legislation potentially includes access to psychedelic substances that are currently under investigation for their therapeutic benefits.
- State Religious Exemptions – While California law does not specifically address religious exemptions for the use of psychedelics, the state’s trend towards reducing penalties and deprioritizing law enforcement actions against natural psychedelics may offer some protection for religious use. However, this area of law remains complex and unsettled, reflecting broader national debates and legal challenges over religious freedoms related to psychedelic use.
- Legislative Efforts – Significant legislative efforts, such as Senate Bill 58 introduced by State Senator Scott Wiener, have aimed to decriminalize the possession and personal use of certain psychedelics, including psilocybin, psilocin, DMT, and mescaline (excluding peyote). Although SB 58 was ultimately vetoed by Governor Gavin Newsom, it represented a major step towards changing the state’s approach to psychedelics. The governor emphasized the need for a regulated treatment framework to accompany any decriminalization efforts. Governor Newsom’s veto reflects a cautious approach, focusing on establishing therapeutic guidelines and safety measures before broader decriminalization. This ongoing legislative dialogue underscores the growing recognition of the potential therapeutic benefits of psychedelics and the need for a regulated framework to ensure safe and effective use.
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California remains at the forefront of the movement to reform laws surrounding psychedelics, driven by both grassroots advocacy and legislative action. As discussions continue and new proposals are introduced, the state’s policies on psychedelics are likely to further evolve, potentially leading to more formalized frameworks for their therapeutic use.
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