AB 1610: Cannabis: Department of Cannabis Control.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.

Existing law establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency. Under existing law, the department is under the supervision and control of a director who is appointed by the Governor, subject to confirmation by the Senate.

AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.

Existing law authorizes the department to issue a mandatory recall order and to require the licensee to immediately cease distribution of cannabis or a cannabis product and recall the cannabis or cannabis product, as specified. MAUCRSA prohibits cannabis and cannabis products from being sold unless a representative sample of specified batches has been tested by a licensed testing laboratory. Existing law subjects cannabis batches to quality assurance standards and testing prior to sale at a retailer, microbusiness, or nonprofit licensed as specified.

This bill would require the department to maintain on its internet website a record of all recall orders issued, as specified. The bill would require a testing laboratory to be subject to blind proficiency testing to ensure consistency of results across laboratories and would require the department, on or before January 1, 2025, to establish a standard laboratory blind proficiency test method, including standardized operating procedures, to be utilized by all testing laboratories. make specified changes to the testing standards, including requiring testing for cannabigerolic acid and heavy metals. The bill would also subject testing laboratories to biennial, in-person audits by the department at least once every 2 years and would require the results of those audits to be posted on the departments internet website. The bill would require the department, on or before January 1, 2025, July 1, 2026, to establish standard operating procedures for conducting audits, including frequency, manner, and notification requirements. This bill would require the department, on or before January 1, 2025, to establish quality assurance standards and testing procedures for products available for retail sale, as specified, to ensure consistency with presale laboratory testing, and would authorize inspections of licensed retail premises for these purposes. authorize a quality assurance compliance monitor to conduct random quality assurance reviews at a retailers or a microbusinesss licensed premises to ensure the labeling and packaging of the cannabis and cannabis products conform to specified requirements.