On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 

Today, we break down our Top Five important changes that impact California cannabis operators:

1. Provisional Licensing Deadlines
On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 
2. Definition of “Owner” refined, slightly expanded and also significantly narrowed by eliminating “Russian Doll Rule”
On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 
3. Definition of “Financial Interest Holder” refined, narrowed.
On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 
4. Trade Samples Authorized via Distributors
On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 
5. Advertising and Branded Merchandise: Good changes here!
On July 12, 2021, Governor Newsom signed California Assembly Bill 141, which consolidated the former three cannabis licensing authorities into a single Department of Cannabis Control (DCC). In response, the DCC proposed new Emergency Regulations in early September 2021 to consolidate, clarify, and make consistent the cannabis regulations with AB 141 and MAUCRSA. The approved final Emergency Regulations became effective on September 29. 
 
 
IMPORTANT NOTE: The marked-up pdf file contains only those sections that were changed in the emergency rulemaking process, but is not a complete set of regulations. The DCC did not issue an alert (by email or on the website) clarifying that these are not the full set of regulations, thus leading to confusion within the industry as to which regulations are still applicable. Until the DCC issues the final and completed set of regulations, make sure you read the final emergency regulations in conjunction with the California Code of Regulations Title 4 Division 19, but note the date upon which they were last updated (must be after September 30 to be current).
 

UPCOMING EVENTS

Cannabacea Studies Virtual Conference – September 17 & 18

Nicole Howell is teaching the Law and Policy section at the College of the Siskiyous two-day Cannabacea Studies Virtual Conference.
 
During the conference participants will
have the chance to complete four, two-hour Community Education Cannabacea Studies classes: Science of the Cannabacea Family;
Federal vs. State Law; Politics and History; and Industrial Hemp Essentials (From Planting, Harvesting, and Processing to
Marketing Your Hemp).

Virtual Psychedelic Medicine Symposium – Aug 28, Sept 11 & 25, 2021 • 9am-1pm PST

If you’re interested in how psychedelic medicine can provide groundbreaking mental health solutions, join the Psychedelic Medicine Virtual Symposium. You will learn directly from some of the most prominent leaders about the most important topics in the field & develop a textured understanding of how psychedelic medicine may be a useful tool for you or your loved ones.
 
Clark Howell Bulletin subscribers: Use discount code CLARKHOWELL at the below link upon registration for 10% off the symposium cost.

If you have any questions about how the above or would like to discuss how it could impact your business, please contact your attorney directly or call our main line at 877-257-2442.

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