AB 1332: Medicinal cannabis: shipments.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-09-15
Current Status:
Failed
(2026-01-22: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license, as defined, whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is shipped by a common carrier, as described, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require the shipment to comply with specified laws and regulations governing cannabis and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the licensed microbusiness to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the licensed microbusiness to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill, until January 1, 2029, would authorize a licensed microbusiness with a license designation that includes medicinal and an M-license, as defined, whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location, shipped by a common carrier, as described, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require the shipment to comply with specified laws and regulations governing cannabis and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the licensed microbusiness to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the licensed microbusiness to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill, until January 1, 2029, would authorize a licensed microbusiness with a license designation that includes medicinal and whose licensed activities include manufacturing, distribution, and outdoor cultivation to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require the shipment to comply with specified laws and regulations governing cannabis and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the licensed microbusiness to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the licensed microbusiness to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license a license designation that includes medicinal and whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient the shipment to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer licensed microbusiness to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment within into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, microbusiness, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer licensed microbusiness to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. 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, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits and the package is received and signed for by someone 21 years of age or older. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Legislature finds and declares all of the following:
(a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c)An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d)Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e)There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f)Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g)It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h)The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SEC. 2.Section 26071 of the Business and Professions Code is amended to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carriers own employees.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.Section 26071 is added to the Business and Professions Code, to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d)This section shall become operative on January 1, 2029.
SEC. 4.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The medicinal cannabis shall be shipped by a common carrier that only utilizes the common carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(3)(A)The medicinal cannabis shipment shall not include any of the following:
(i)Vape pens, vape oil, or cartridges.
(ii)Battery or electronically powered devices.
(iii)Inhalable concentrates of any kind, including, but not limited to, resin, distillate, rosin, hash, kief, diamonds, or isolates.
(iv)(I)Edibles of any kind, including, but not limited to, cookies, gummies, or candy.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v)(I)Capsules, tablets, or sublinguals.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(vi)Infused cannabis beverages.
(vii)Infused flower or infused prerolls.
(viii)Products containing any volatile extraction cannabis ingredients or ingredients derived from cannabis volatile extractions including, but not limited to, distillate, resin, wax, diamonds, or isolates.
(ix)Products containing any synthetic or chemically converted cannabinoids or terpenes.
(x)Products containing any cannabis ingredient that is not sourced in accordance with paragraph (7).
(xi)Flower cultivated indoors, in mixed-light, or any cultivation type other than outdoor license types outdoor small, medium, specialty, specialty cottage, or outdoor microbusiness cultivation.
(B)Notwithstanding subparagraph (A) or any other provision of the division to the contrary, the medicinal cannabis shipment may include any of the following:
(i)Tinctures that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(ii)Topicals that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(iii)Suppositories that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(iv)Full-spectrum cannabis oil, such as Full Extract Cannabis Oil (FECO) or Rick Simpson Oil (RSO) that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(v)Flower cultivated outdoors in accordance with paragraph (7) that is not infused with flavors, terpenes, hash, kief, or concentrates.
(vi)Cannabis seeds sourced from outdoor cultivation in accordance with paragraph (7).
(4)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the licensed microbusiness to the common carrier.
(5)The licensed microbusiness shall require the common carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(6)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(7)The licensed microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusinesss licensed premises or from up to five licensed outdoor cultivation premises holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(8)The shipment shall be properly recorded in the licensed microbusinesss inventory records and the track and trace system. The licensed microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the licensed microbusiness shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(9)The shipment shall comply with all applicable laws and regulations governing cannabis and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The licensed microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b)A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(c)The licensed microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(d)Notwithstanding any other law, a common carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(e)For purposes of this section, the following definitions shall apply:
(1)(A)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency.
(B)For purposes of this paragraph, cannabis concentrate includes, but is not limited to, kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products, including dab, shatter, and wax, and tablets as defined in paragraph (14).
(2)(A)Edible cannabis product means a cannabis product intended to be used orally, in whole or in part, for human consumption.
(B)For purposes of this paragraph, edible cannabis product includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as cannabis concentrate.
(3)Infusion means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.
(4)Infused preroll means a preroll into which cannabis concentrate, other than kief, or other ingredients have been incorporated.
(5)Ingredient means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the finished cannabis product.
(6)Kief means the resinous trichomes of cannabis that have been separated from the cannabis plant.
(7)Mechanical extraction means a process by which the resinous trichomes of cannabis are separated from the cannabis plant through a mechanical process such as sifting, or water hash separation, or ice water hash separation, without the use of volatile or nonvolatile solvents. Mechanical extraction products may include kief, water hash, or ice water hash.
(8)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(9)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(10)Nonmanufactured cannabis products means final form items that contain only cannabis, leaf, preroll filter tips, or paper.
(11)(A)Nonvolatile solvent means any solvent used in the extraction process that is not a volatile solvent.
(B)Nonvolatile solvent includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.
(12)(A)Orally consumed concentrate means a cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product.
(B)Orally consumed concentrate includes tinctures, capsules, and tablets as defined in paragraph (14).
(13)Preroll means any combination of the following rolled in paper:
(A)Flower.
(B)Shake.
(C)Leaf.
(14)Tablet means a solid preparation containing a single serving of THC or other cannabinoid that is intended to be swallowed whole, not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole, and does not contain any added natural or artificial flavor or sweetener.
(15)Terpenes means terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
(16)(A)Tincture means a solution of cannabis extract, derived either directly from the cannabis plant or from a manufactured cannabis extract, dissolved in alcohol, glycerin, or vegetable oils.
(B)A tincture shall be no more than two fluid ounces and shall include a calibrated dropper or similar device for measuring a single serving, and may include ingredients other than cannabis extract and alcohol, vegetable oil, or glycerin provided that the primary ingredient by weight is alcohol, vegetable oil, or glycerin.
(C)For purposes of this paragraph, vegetable includes botanically classified fruits and vegetables and their seeds.
(17)Topical cannabis product means a cannabis product intended to be applied to the skin rather than ingested or inhaled. Except for cannabis, cannabis concentrate, or terpenes, topical cannabis products shall only contain ingredients permitted for cosmetic manufacturing in accordance with Subpart B (Section 700.11 et seq.) of Part 700 of Title 21 of the Code of Federal Regulations (Rev. March 2016), which is hereby incorporated by reference.
(18)(A)Volatile solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(B)Volatile solvents include, but are not limited to, butane, hexane, and propane.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2)Medicinal cannabis business means either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, shipped, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carriers own employees.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 26321 is added to the Business and Professions Code, to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(c)This section shall become operative on January 1, 2029.
SEC. 7.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within, or shipment into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within, or shipment into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis into or from the local jurisdiction.
(3)The operating hours of medicinal cannabis businesses.
(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5)The types or quantities of medicinal cannabis authorized to be sold by delivery or shipped.
(6)The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis pursuant to Section 26072, provided that the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of Section 26072.
(7)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within, or shipment of medicinal cannabis into the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery within or shipment of medicinal cannabis into the local jurisdiction.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 26322 is added to the Business and Professions Code, to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2029.
SEC. 9.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis into the local jurisdiction.
(4)The Attorney General.
(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.Section 26323 is added to the Business and Professions Code, to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2029.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c)An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d)Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e)There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f)Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g)It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h)The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SEC. 2.Section 26071 of the Business and Professions Code is amended to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carriers own employees.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.Section 26071 is added to the Business and Professions Code, to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d)This section shall become operative on January 1, 2029.
SEC. 4.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with a license designation that includes medicinal an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The medicinal cannabis shall be shipped by a common carrier that only utilizes the common carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2)The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location.(3)(2)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(4)(3)(A)The medicinal cannabis shipment shall not include any of the following:
(i)Vape pens, vape oil, or cartridges.
(ii)Battery or electronically powered devices.
(iii)Inhalable concentrates of any kind, including, but not limited to, resin, distillate, rosin, hash, kief, diamonds, or isolates.
(iv)(I)Edibles of any kind, including, but not limited to, cookies, gummies, or candy.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v)(I)Capsules, tablets, or sublinguals.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(vi)Infused cannabis beverages.
(vii)Infused flower or infused prerolls.
(viii)Products containing any volatile extraction cannabis ingredients or ingredients derived from cannabis volatile extractions including, but not limited to, distillate, resin, wax, diamonds, or isolates.
(ix)Products containing any synthetic or chemically converted cannabinoids or terpenes.
(x)Products containing any cannabis ingredient that is not sourced in accordance with paragraph (8). (7).
(xi)Flower cultivated indoors, in mixed-light, or any cultivation type other than outdoor license types outdoor small, medium, specialty, specialty cottage, or outdoor microbusiness cultivation.
(B)Notwithstanding subparagraph (A) or any other provision of the division to the contrary, the medicinal cannabis shipment may include any of the following:
(i)Tinctures that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8). (7).
(ii)Topicals that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8). (7).
(iii)Suppositories that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8). (7).
(iv)Full-spectrum cannabis oil, such as Full Extract Cannabis Oil (FECO) or Rick Simpson Oil (RSO) that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8). (7).
(v)Flower cultivated outdoors in accordance with paragraph (8) (7) that is not infused with flavors, terpenes, hash, kief, or concentrates.
(vi)Cannabis seeds sourced from outdoor cultivation in accordance with paragraph (8). (7).
(5)(4)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the licensed microbusiness to the common carrier.
(6)(5)The licensed microbusiness shall require the common carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(7)(6)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(8)(7)The licensed microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusinesss licensed premises or from up to five licensed outdoor cultivation premises holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(9)(8)The shipment shall be properly recorded in the licensed microbusinesss inventory records and the track and trace system. The licensed microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the licensed microbusiness shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(10)(9)The shipment shall comply with all applicable laws and regulations governing cannabis and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The licensed microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b)A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2)Keep a copy of the patients or primary caregivers drivers license or other government-issued identification.
(c)The licensed microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(d)Notwithstanding any other law, a common carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(e)For purposes of this section, the following definitions shall apply:
(1)(A)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency.
(B)For purposes of this paragraph, cannabis concentrate includes, but is not limited to, kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products, including dab, shatter, and wax, and tablets as defined in paragraph (14).
(2)(A)Edible cannabis product means a cannabis product intended to be used orally, in whole or in part, for human consumption.
(B)For purposes of this paragraph, edible cannabis product includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as cannabis concentrate.
(3)Infusion means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.
(4)Infused preroll means a preroll into which cannabis concentrate, other than kief, or other ingredients have been incorporated.
(5)Ingredient means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the finished cannabis product.
(6)Kief means the resinous trichomes of cannabis that have been separated from the cannabis plant.
(7)Mechanical extraction means a process by which the resinous trichomes of cannabis are separated from the cannabis plant through a mechanical process such as sifting, or water hash separation, or ice water hash separation, without the use of volatile or nonvolatile solvents. Mechanical extraction products may include kief, water hash, or ice water hash.
(8)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(9)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(10)Nonmanufactured cannabis products means final form items that contain only cannabis, leaf, preroll filter tips, or paper.
(11)(A)Nonvolatile solvent means any solvent used in the extraction process that is not a volatile solvent.
(B)Nonvolatile solvent includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.
(12)(A)Orally consumed concentrate means a cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product.
(B)Orally consumed concentrate includes tinctures, capsules, and tablets as defined in paragraph (14).
(13)Preroll means any combination of the following rolled in paper:
(A)Flower.
(B)Shake.
(C)Leaf.
(14)Tablet means a solid preparation containing a single serving of THC or other cannabinoid that is intended to be swallowed whole, not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole, and does not contain any added natural or artificial flavor or sweetener.
(15)Terpenes means terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
(16)(A)Tincture means a solution of cannabis extract, derived either directly from the cannabis plant or from a manufactured cannabis extract, dissolved in alcohol, glycerin, or vegetable oils.
(B)A tincture shall be no more than two fluid ounces and shall include a calibrated dropper or similar device for measuring a single serving, and may include ingredients other than cannabis extract and alcohol, vegetable oil, or glycerin provided that the primary ingredient by weight is alcohol, vegetable oil, or glycerin.
(C)For purposes of this paragraph, vegetable includes botanically classified fruits and vegetables and their seeds.
(17)Topical cannabis product means a cannabis product intended to be applied to the skin rather than ingested or inhaled. Except for cannabis, cannabis concentrate, or terpenes, topical cannabis products shall only contain ingredients permitted for cosmetic manufacturing in accordance with Subpart B (Section 700.11 et seq.) of Part 700 of Title 21 of the Code of Federal Regulations (Rev. March 2016), which is hereby incorporated by reference.
(18)(A)Volatile solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(B)Volatile solvents include, but are not limited to, butane, hexane, and propane.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2)Medicinal cannabis business means either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, shipped, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carriers own employees.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 26321 is added to the Business and Professions Code, to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(c)This section shall become operative on January 1, 2029.
SEC. 7.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within, or shipment into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within, or shipment into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis into or from the local jurisdiction.
(3)The operating hours of medicinal cannabis businesses.
(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5)The types or quantities of medicinal cannabis authorized to be sold by delivery or shipped.
(6)The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis pursuant to Section 26072, provided that the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of Section 26072.
(7)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within, or shipment of medicinal cannabis into the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery within or shipment of medicinal cannabis into the local jurisdiction.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 26322 is added to the Business and Professions Code, to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2029.
SEC. 9.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis into the local jurisdiction.
(4)The Attorney General.
(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.Section 26323 is added to the Business and Professions Code, to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2029.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c)An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d)Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e)There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f)Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g)It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h)The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SEC. 2.Section 26071 of the Business and Professions Code is amended to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial common carrier shall only utilize the commercial common carriers own employees.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.Section 26071 is added to the Business and Professions Code, to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued government-issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d)This section shall become operative on January 1, 2029.
SEC. 4.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with a license designation that includes medicinal whose licensed activities include manufacturing, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The medicinal cannabis shall be shipped by a commercial common carrier that only utilizes the commercial common carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2)The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location.
(3)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(4)(A)The medicinal cannabis shipment shall not include any of the following:
(i)Vape pens, vape oil, or cartridges.
(ii)Battery or electronically powered devices.
(iii)Inhalable concentrates of any kind, including, but not limited to, resin, distillate, rosin, hash, kief, diamonds, or isolates.
(iv)(I)Edibles of any kind, including, but not limited to, cookies, gummies, or candy.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v)(I)Capsules, tablets, or sublinguals.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(vi)Infused cannabis beverages.
(vii)Infused flower or infused prerolls.
(viii)Products containing any volatile extraction cannabis ingredients or ingredients derived from cannabis volatile extractions including, but not limited to, distillate, resin, wax, diamonds, or isolates.
(ix)Products containing any synthetic or chemically converted cannabinoids or terpenes.
(x)Products containing any cannabis ingredient that is not sourced in accordance with paragraph (8).
(xi)Flower cultivated indoors, in mixed-light, or any cultivation type other than outdoor license types outdoor small, medium, specialty, specialty cottage, or outdoor microbusiness cultivation.
(B)Notwithstanding subparagraph (A) or any other provision of the division to the contrary, the medicinal cannabis shipment may include any of the following:
(i)Tinctures that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(ii)Topicals that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(iii)Suppositories that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(iv)Full-spectrum cannabis oil, such as Full Extract Cannabis Oil (FECO) or Rick Simpson Oil (RSO) that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(v)Flower cultivated outdoors in accordance with paragraph (8) that is not infused with flavors, terpenes, hash, kief, or concentrates.
(vi)Cannabis seeds sourced from outdoor cultivation in accordance with paragraph (8).
(5)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the licensed microbusiness to the commercial common carrier.
(6)The licensed microbusiness shall require the commercial common carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(7)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(8)The licensed microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusinesss licensed premises or from up to five licensed outdoor cultivation premises holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(9)The shipment shall be properly recorded in the licensed microbusinesss inventory records and the track and trace system. The licensed microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the licensed microbusiness shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(10)The shipment shall comply with all applicable laws and regulations governing cannabis and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The licensed microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b)A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2)Keep a copy of the patients or primary caregivers drivers license or other government issued government-issued identification.
(c)The licensed microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(d)Notwithstanding any other law, a commercial common carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(e)For purposes of this section, the following definitions shall apply:
(1)(A)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency.
(B)For purposes of this paragraph, cannabis concentrate includes, but is not limited to, kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products, including dab, shatter, and wax, and tablets as defined in paragraph (14).
(2)(A)Edible cannabis product means a cannabis product intended to be used orally, in whole or in part, for human consumption.
(B)For purposes of this paragraph, edible cannabis product includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as cannabis concentrate.
(3)Infusion means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.
(4)Infused preroll means a preroll into which cannabis concentrate, other than kief, or other ingredients have been incorporated.
(5)Ingredient means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the finished cannabis product.
(6)Kief means the resinous trichomes of cannabis that have been separated from the cannabis plant.
(7)Mechanical extraction means a process by which the resinous trichomes of cannabis are separated from the cannabis plant through a mechanical process such as sifting, or water hash separation, or ice water hash separation, without the use of volatile or nonvolatile solvents. Mechanical extraction products may include kief, water hash, or ice water hash.
(8)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(9)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(10)Nonmanufactured cannabis products means final form items that contain only cannabis, leaf, preroll filter tips, or paper.
(11)(A)Nonvolatile solvent means any solvent used in the extraction process that is not a volatile solvent.
(B)Nonvolatile solvent includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.
(12)(A)Orally consumed concentrate means a cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product.
(B)Orally consumed concentrate includes tinctures, capsules, and tablets as defined in paragraph (14).
(13)Preroll means any combination of the following rolled in paper:
(A)Flower.
(B)Shake.
(C)Leaf.
(14)Tablet means a solid preparation containing a single serving of THC or other cannabinoid that is intended to be swallowed whole, not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole, and does not contain any added natural or artificial flavor or sweetener.
(15)Terpenes means terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
(16)(A)Tincture means a solution of cannabis extract, derived either directly from the cannabis plant or from a manufactured cannabis extract, dissolved in alcohol, glycerin, or vegetable oils.
(B)A tincture shall be no more than two fluid ounces and shall include a calibrated dropper or similar device for measuring a single serving, and may include ingredients other than cannabis extract and alcohol, vegetable oil, or glycerin provided that the primary ingredient by weight is alcohol, vegetable oil, or glycerin.
(C)For purposes of this paragraph, vegetable includes botanically classified fruits and vegetables and their seeds.
(17)Topical cannabis product means a cannabis product intended to be applied to the skin rather than ingested or inhaled. Except for cannabis, cannabis concentrate, or terpenes, topical cannabis products shall only contain ingredients permitted for cosmetic manufacturing in accordance with Subpart B (Section 700.11 et seq.) of Part 700 of Title 21 of the Code of Federal Regulations (Rev. March 2016), which is hereby incorporated by reference.
(18)(A)Volatile solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(B)Volatile solvents include, but are not limited to, butane, hexane, and propane.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2)Medicinal cannabis business means either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the shipment of medicinal cannabis to medicinal cannabis patients in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, shipped, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial common carrier shall only utilize the commercial common carriers own employees.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 26321 is added to the Business and Professions Code, to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(c)This section shall become operative on January 1, 2029.
SEC. 7.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within, or shipment into or from into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within, or shipment into or from into, the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis into or from the local jurisdiction.
(3)The operating hours of medicinal cannabis businesses.
(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5)The types or quantities of medicinal cannabis authorized to be sold by delivery or shipped.
(6)The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis pursuant to Section 26072, provided that the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of Section 26072.
(7)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within, or shipment of medical medicinal cannabis into or from the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery within or shipment of medicinal cannabis into or from the local jurisdiction.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 26322 is added to the Business and Professions Code, to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2029.
SEC. 9.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis within into the local jurisdiction.
(4)The Attorney General.
(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.Section 26323 is added to the Business and Professions Code, to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2029.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c)An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d)Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e)There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f)Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g)It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h)The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SEC. 2.Section 26071 of the Business and Professions Code is amended to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis solely by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.Section 26071 is added to the Business and Professions Code, to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d)This section shall become operative on January 1, 2029.
SEC. 4.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license a license designation that includes medicinal whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2)The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patients location.
(3)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(4)(A)The medicinal cannabis shipment shall not include any of the following:
(i)Vape pens pens, vape oil, or cartridges.
(ii)Battery or electronically powered devices.
(iii)Inhalable concentrates, concentrates of any kind, including, but not limited to, resin or distillate inhalable concentrates. resin, distillate, rosin, hash, kief, diamonds, or isolates.
(iv)Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(iv)(I)Edibles of any kind, including, but not limited to, cookies, gummies, or candy.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v)(I)Capsules, tablets, or sublinguals.
(II)Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v)(vi)Infused cannabis beverages.
(vi)(vii)Infused products, such as added flavors or terpenes. flower or infused prerolls.
(vii)Flower cultivated indoors.(viii)Products containing any volatile extraction cannabis ingredients or ingredients derived from cannabis volatile extractions including, but not limited to, distillate, resin, wax, diamonds, or isolates.
(ix)Products containing any synthetic or chemically converted cannabinoids or terpenes.
(x)Products containing any cannabis ingredient that is not sourced in accordance with paragraph (8).
(xi)Flower cultivated indoors, in mixed-light, or any cultivation type other than outdoor license types outdoor small, medium, specialty, specialty cottage, or outdoor microbusiness cultivation.
(B)Notwithstanding subparagraph (A), (A) or any other provision of the division to the contrary, the medicinal cannabis shipment may include any of the following:
(i)Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii)Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(i)Tinctures that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(ii)Topicals that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(iii)Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures. that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(iv)Full-spectrum cannabis oil, including Rick Simpson Oil. such as Full Extract Cannabis Oil (FECO) or Rick Simpson Oil (RSO) that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (8).
(v)Flower cultivated outdoors in accordance with paragraph (8) that is not infused with flavors, terpenes, or hash. hash, kief, or concentrates.
(vi)Cannabis seeds sourced from outdoor cultivation in accordance with paragraph (8).
(5)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the licensed microbusiness to the commercial carrier.
(6)The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(7)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(8)The licensed microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusinesss licensed location premises or from up to five licensed outdoor cultivation sites premises holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(9)The shipment shall be properly recorded in the retailers licensed microbusinesss inventory records and the track and trace system. The licensed microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer licensed microbusiness shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(10)The microbusiness shipment shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The licensed microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b)A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(c)The licensed microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(d)Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(e)For purposes of this section, the following definitions shall apply:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(1)(A)Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency.
(B)For purposes of this paragraph, cannabis concentrate includes, but is not limited to, kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products, including dab, shatter, and wax, and tablets as defined in paragraph (14).
(2)(A)Edible cannabis product means a cannabis product intended to be used orally, in whole or in part, for human consumption.
(B)For purposes of this paragraph, edible cannabis product includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as cannabis concentrate.
(3)Infusion means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.
(4)Infused preroll means a preroll into which cannabis concentrate, other than kief, or other ingredients have been incorporated.
(5)Ingredient means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the finished cannabis product.
(6)Kief means the resinous trichomes of cannabis that have been separated from the cannabis plant.
(7)Mechanical extraction means a process by which the resinous trichomes of cannabis are separated from the cannabis plant through a mechanical process such as sifting, or water hash separation, or ice water hash separation, without the use of volatile or nonvolatile solvents. Mechanical extraction products may include kief, water hash, or ice water hash.
(8)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(9)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(10)Nonmanufactured cannabis products means final form items that contain only cannabis, leaf, preroll filter tips, or paper.
(11)(A)Nonvolatile solvent means any solvent used in the extraction process that is not a volatile solvent.
(B)Nonvolatile solvent includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.
(12)(A)Orally consumed concentrate means a cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product.
(B)Orally consumed concentrate includes tinctures, capsules, and tablets as defined in paragraph (14).
(13)Preroll means any combination of the following rolled in paper:
(A)Flower.
(B)Shake.
(C)Leaf.
(14)Tablet means a solid preparation containing a single serving of THC or other cannabinoid that is intended to be swallowed whole, not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole, and does not contain any added natural or artificial flavor or sweetener.
(15)Terpenes means terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
(16)(A)Tincture means a solution of cannabis extract, derived either directly from the cannabis plant or from a manufactured cannabis extract, dissolved in alcohol, glycerin, or vegetable oils.
(B)A tincture shall be no more than two fluid ounces and shall include a calibrated dropper or similar device for measuring a single serving, and may include ingredients other than cannabis extract and alcohol, vegetable oil, or glycerin provided that the primary ingredient by weight is alcohol, vegetable oil, or glycerin.
(C)For purposes of this paragraph, vegetable includes botanically classified fruits and vegetables and their seeds.
(17)Topical cannabis product means a cannabis product intended to be applied to the skin rather than ingested or inhaled. Except for cannabis, cannabis concentrate, or terpenes, topical cannabis products shall only contain ingredients permitted for cosmetic manufacturing in accordance with Subpart B (Section 700.11 et seq.) of Part 700 of Title 21 of the Code of Federal Regulations (Rev. March 2016), which is hereby incorporated by reference.
(18)(A)Volatile solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(B)Volatile solvents include, but are not limited to, butane, hexane, and propane.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2)Medicinal cannabis business means either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, shipped, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 26321 is added to the Business and Professions Code, to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(c)This section shall become operative on January 1, 2029.
SEC. 7.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within, or shipment within into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within, or shipment within into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis within into or from the local jurisdiction.
(3)The operating hours of medicinal cannabis businesses.
(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5)The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment. shipped.
(6)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(6)The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis pursuant to Section 26072, provided that the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of Section 26072.
(7)The establishment of physical premises from which shipment retail sale by delivery of medicinal cannabis within the jurisdiction is conducted. A conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery. established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within within, or shipment of medical cannabis into or from the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery within or shipment of medicinal cannabis in into or from the local jurisdiction.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 26322 is added to the Business and Professions Code, to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2029.
SEC. 9.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.
(4)The Attorney General.
(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 10.Section 26323 is added to the Business and Professions Code, to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2029.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c)An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d)Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e)There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f)Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g)It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h)The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SECTION 1.SEC. 2.Section 26071 of the Business and Professions Code is amended to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(e)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.Section 26071 is added to the Business and Professions Code, to read:26071.(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d)This section shall become operative on January 1, 2029.
SEC. 2.SEC. 4.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2)The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.
(1)(3)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4)(A)The medicinal cannabis shipment shall not include any of the following:
(i)Vape pens or cartridges.
(ii)Battery or electronically powered devices.
(iii)Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.
(iv)Cookies, gummies, or edibles, except naturally infused food-oil tinctures.
(v)Infused cannabis beverages.
(vi)Infused products, such as added flavors or terpenes.
(vii)Flower cultivated indoors.
(B)Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:
(i)Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(ii)Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(iii)Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(iv)Full-spectrum cannabis oil, including Rick Simpson Oil.
(v)Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.
(3)(5)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.
(4)(6)The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(5)(7)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(6)(8)The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(9)The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(10)The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b)A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(c)The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(b)(d)Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(c)(e)For purposes of this section, medicinal the following definitions shall apply:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(2)Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(f)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.SEC. 5.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2)Medicinal cannabis business means either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.Section 26321 is added to the Business and Professions Code, to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(c)This section shall become operative on January 1, 2029.
SEC. 4.SEC. 7.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.
(3)The operating hours of medicinal cannabis businesses.
(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5)The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.
(6)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(7)The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.
(d)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 26322 is added to the Business and Professions Code, to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2029.
SEC. 5.SEC. 9.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.
(4)The Attorney General.
(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 10.Section 26323 is added to the Business and Professions Code, to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2029.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
(1)Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2)(A)A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B)In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i)Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii)Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3)Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4)A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5)Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6)The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7)The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8)A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b)In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c)A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d)This section shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this section, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first.(d)For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072.
SEC. 2.Section 26072 is added to the Business and Professions Code, to read:26072.(a)Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
(1)The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.
(3)Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.
(4)The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(5)The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(6)The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(b)Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(c)For purposes of this section, medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
SEC. 3.Section 26321 of the Business and Professions Code is amended to read:26321.(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
(b)For purposes of this chapter:
(1)Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) (am) of Section 26001.
(2)Medicinal cannabis business means a either of the following:
(A)A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B)A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.
(3)Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)Regulation means a local ordinance, regulation, policy, or practice.
(5)Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072.
SEC. 4.Section 26322 of the Business and Professions Code is amended to read:26322.(a)A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
(1)The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.
(2)(3)The operating hours of medicinal cannabis businesses.
(3)(4)The number or frequency of sales by delivery or shipment of medicinal cannabis.
(4)(5)The types or quantities of medicinal cannabis authorized to be sold by delivery. delivery or shipment.
(5)(6)The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(7)The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.
(b)Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.
(d)This section shall become operative on January 1, 2024.SEC. 5.Section 26323 of the Business and Professions Code is amended to read:26323.(a)This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.
(3)(4)The Attorney General.
(4)(5)Any other party otherwise authorized by law.
(b)This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)This section shall become operative on January 1, 2024.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jan 22, 2026 | Consideration of Governor's veto stricken from file. |
| Oct 11, 2025 | Consideration of Governor's veto pending. |
| Oct 11, 2025 | Vetoed by Governor. |
| Sep 23, 2025 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3309.). |
| Sep 10, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 10, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2832.). |
| Sep 2, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | Read second time and amended. Ordered returned to second reading. |
| Aug 29, 2025 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 29). |
| Aug 18, 2025 | In committee: Referred to suspense file. |
| Jul 17, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 16, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 16). |
| Jul 7, 2025 | From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (July 7). Re-referred to Com. on L. GOV. |
| Jul 1, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. P. & E.D. |
| Jun 11, 2025 | Referred to Coms. on B. P. & E.D. and L. GOV. |
| May 29, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 29, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1771.) |
| May 22, 2025 | Read second time. Ordered to third reading. |
| May 21, 2025 | From committee: Do pass. (Ayes 14. Noes 0.) (May 21). |
| May 14, 2025 | In committee: Hearing postponed by committee. |
| Apr 29, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 22, 2025 | Re-referred to Com. on B. & P. |
| Apr 21, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Apr 4, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 10, 2025 | Referred to Com. on B. & P. |
| Feb 24, 2025 | Read first time. |
| Feb 22, 2025 | From printer. May be heard in committee March 24. |
| Feb 21, 2025 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2025 | AB 1332 Ahrens Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 10, 2025 | Assembly 3rd Reading AB1332 Ahrens By Stern | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 18, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 16, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Local Government |
Passed |
|
| Jul 7, 2025 | Do pass, but first be re-referred to the Committee on [Local Government] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 29, 2025 | AB 1332 Ahrens Assembly Third Reading | Assembly Floor |
Passed |
|
| May 21, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2025 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Big Sur Farmers Association | ** Support | |
| California Cannabis Operators Association | ** Support | |
| California NORML | ** Support | |
| Hessel Farmers Grange | ** Support | |
| Humboldt County Growers Alliance | ** Support | |
| Kiva Confections | ** Support | |
| Mendocino Cannabis Alliance | ** Support | |
| Origins Council | ** Support | |
| Society for Cannabis Physicians | ** Support | |
| Society for Society of Cannabis Clinicians (source) | ** Support | |
| Society of Cannabis Clinicians | ** Support | |
| Teamsters California | ** Support | |
| Trinity County Agriculture Alliance | ** Support | |
| UFCW-Western States Council | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 1332
Author:(Ahrens)
As Enrolled Ver:September 15, 2025
2/3 vote
SUMMARY
Authorizes a licensed cannabis microbusiness, as specified, to directly ship medicinal cannabis to a medicinal cannabis patient in California via common carrier in limited circumstances.
Senate Amendments
- Restrict the direct-to-patient shipping authorization to only licensed microbusinesses with an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation (emphasis added to distinguish from the version of this bill passed by the Assembly).
- Delete the 60-mile radius restriction.
- Prohibit additional medicinal cannabis products from being included in a medicinal cannabis shipment, as specified.
- Require tinctures, topicals, suppositories, and full-spectrum cannabis oil in a medicinal cannabis shipment to be manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques at the licensed microbusiness manufacturing premises, and all cannabis ingredients are sourced as specified.
- Authorize a medicinal cannabis shipment to include cannabis seeds sourced from outdoor cultivation, as specified.
- Define numerous terms and replace references to "commercial carrier" with "common carrier."
- Make other technical, clarifying, and conforming changes.
Governor's Veto Message
This bill would authorize a limited number of cannabis microbusinesses to ship certain medicinal cannabis products directly to patients using a common carrier.
While I appreciate the author's goal of expanding patient access to medical cannabis, the proposed direct-shipping program would be burdensome and overly complex to administer. The Department of Cannabis Control (DCC) will need to revamp the California Cannabis Track-and-Trace System, which will take significant resources and time. Moreover, this measure includes numerous restrictions on eligible products - many of which are unclear, overly narrow, or unworkable, adding to the implementation challenge. Given that this measure allows just two businesses to ship medical cannabis directly to patients, the costs of administering this program far outweigh the possible benefits to patients.
I remain open to working with the Legislature on strategies to effectively advance equitable access to safe and regulated cannabis. However, this measure would not achieve that goal while shifting limited resources away from DCC's other priorities.
COMMENTS
Availability of Medicinal Cannabis. As of January 9, 2019, the collective and cooperative model for medical marijuana dispensaries, as authorized under Proposition 215, was formally sunset, and any dispensary that was in place under the Compassionate Use Act was required to obtain a license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). In the months following that transition date, many expressed concern that the state's new regulatory framework insufficiently accommodated existing patients who use cannabis for medicinal purposes. Before the enactment of SB 1186 (Wiener), Chapter 395, Statutes of 2022, MAUCRSA allowed localities to ban cannabis sales within their jurisdictions completely, so many patients arguably had less access to cannabis than they did under the old Proposition 215 system. However, SB 1186 prohibited local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions.
Need for this bill. Proponents of this bill argue that a small population of patients in California requires specific medicinal products that retailers do not stock, as only a handful of individuals seek them, and these products are perishable. This bill is intended to create flexibility for medical patients and caregivers for whom it is a hardship to travel to purchase medicinal cannabis products. However, prior amendments narrowed the scope of the bill by prohibiting the shipment of medicinal cannabis goods to patients who live within 60 miles of a cannabis retailer or delivery option. It is unclear how many patients currently stand to benefit from this bill.
Cannabis Delivery. Statute contains relatively few provisions governing cannabis delivery. MAUCRSA defines delivery and provides that deliveries "may only be made by a licensed retailer or microbusiness, or a licensed nonprofit." Delivery employees must carry their licenses and identification and present them upon request from law enforcement. Further, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and customers. The Department of Cannabis Control's (DCC) regulations contain a majority of the requirements for delivery, including, but not limited to: deliveries must be made by an employee of a licensed retailer who is at least 21 years old; a delivery employee must verify the customer's identity and age and ensure that all cannabis goods sold comply with packaging requirements; and deliveries can only take place through an enclosed motor vehicle that is unmarked, equipped with an alarm system and GPS device, and does not bear any exterior indications that the delivery employee is carrying cannabis goods for delivery. Additionally, cannabis goods must be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle. This bill would allow medicinal cannabis to be shipped to medicinal cannabis patients via common carrier (i.e., DHL), in limited circumstances.
According to the Author
"Since the implementation of Proposition 64, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use recreational products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain appropriate and effective medical cannabis products. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where specialized medical cannabis products are not available locally and these patients are not able to travel long distances to dispensaries that carry the products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment. [This bill] provides a narrow authorization for M-licensed cannabis outdoor cultivation microbusinesses to ship medicinal cannabis products directly to a patient's home via intra-state common carrier parcel delivery service. Allowable products for shipment would be limited to cannabis flower and "tinctures" (products manufactured with non-volatile solvents, mechanical extraction, or infusion only, such as food-oil infusion tinctures). The bill includes appropriate safeguards, such as requiring verification and documentation of legal medical patient status, ensuring compliance with track-and-trace systems, and mandating adult signatures upon delivery. Additionally, it includes a three-year sunset provision to allow the legislature to evaluate its impact and identify any problems with implementation. By enacting [this bill], California will take a significant step in fulfilling its commitment to protecting the rights and well-being of medical cannabis patients."
Arguments in Support
As the sponsor of this bill, the Society for Cannabis Physicians writes in support:
This bill is a crucial step toward ensuring that patients with severe and complex medical conditions can access the medicine they need. Since the implementation of Proposition 64 in 2018, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain effective treatment. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where medical cannabis products are not available locally. Current regulations make it difficult, if not impossible, for these patients to travel long distances to dispensaries that carry the specialized products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment without unnecessary hardship.
Arguments in Opposition
There is no opposition to this bill.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The Department of Cannabis Control (DCC) reports a one-time implementation cost of approximately $269,000 in Fiscal Year (FY) 2026-27 to make changes to the track-and-trace system, and ongoing annual costs of $472,000 beginning in FY 2026-27 to support oversight of shipments and ensure compliance with product restrictions (Cannabis Control Fund). DCC notes enhancements to the track-and-trace system will require at least a year to develop and launch.
- Unknown, potentially significant cost pressures to the state funded trial court system to adjudicate any civil cases filed as a result of this measure (Trial Court Trust Fund, General Fund). The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Unknown, potentially reimbursable mandate costs (General Fund). To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Ahrens, Alanis, Bains, Bauer-Kahan, Caloza, Chen, Elhawary, Wilson, Irwin, Jackson, Krell, Lowenthal, Macedo, Nguyen, Pellerin
ABS, ABST OR NV: Hadwick
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Tangipa
ABS, ABST OR NV: Ta
ASSEMBLY FLOOR: 69-0-10
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Stefani, Valencia, Wallis, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Alvarez, Bryan, Castillo, Chen, Nguyen, Solache, Soria, Ta, Tangipa, Ward
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Rubio
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Castillo, Ta
UPDATED
VERSION: September 15, 2025
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0002165
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1332
Author:(Ahrens)
As Amended Ver:August 29, 2025
Majority vote
SUMMARY
Authorizes a licensed cannabis microbusiness, as specified, to directly ship medicinal cannabis to a medicinal cannabis patient in California via common carrier in limited circumstances.
Senate Amendments
- Restrict the direct-to-patient shipping authorization to only licensed microbusinesses with an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation (emphasis added to distinguish from the version of this bill passed by the Assembly).
- Delete the 60-mile radius restriction.
- Prohibit additional medicinal cannabis products from being included in a medicinal cannabis shipment, as specified.
- Require tinctures, topicals, suppositories, and full-spectrum cannabis oil in a medicinal cannabis shipment to be manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques at the licensed microbusiness manufacturing premises, and all cannabis ingredients are sourced as specified.
- Authorize a medicinal cannabis shipment to include cannabis seeds sourced from outdoor cultivation, as specified.
- Define numerous terms and replace references to "commercial carrier" with "common carrier."
- Make other technical, clarifying, and conforming changes.
COMMENTS
Availability of Medicinal Cannabis. As of January 9, 2019, the collective and cooperative model for medical marijuana dispensaries, as authorized under Proposition 215, was formally sunset, and any dispensary that was in place under the Compassionate Use Act was required to obtain a license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). In the months following that transition date, many expressed concern that the state's new regulatory framework insufficiently accommodated existing patients who use cannabis for medicinal purposes. Before the enactment of SB 1186 (Wiener), Chapter 395, Statutes of 2022, MAUCRSA allowed localities to ban cannabis sales within their jurisdictions completely, so many patients arguably had less access to cannabis than they did under the old Proposition 215 system. However, SB 1186 prohibited local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions.
Need for this bill. Proponents of this bill argue that a small population of patients in California requires specific medicinal products that retailers do not stock, as only a handful of individuals seek them, and these products are perishable. This bill is intended to create flexibility for medical patients and caregivers for whom it is a hardship to travel to purchase medicinal cannabis products. However, prior amendments narrowed the scope of the bill by prohibiting the shipment of medicinal cannabis goods to patients who live within 60 miles of a cannabis retailer or delivery option. It is unclear how many patients currently stand to benefit from this bill.
Cannabis Delivery. Statute contains relatively few provisions governing cannabis delivery. MAUCRSA defines delivery and provides that deliveries "may only be made by a licensed retailer or microbusiness, or a licensed nonprofit." Delivery employees must carry their licenses and identification and present them upon request from law enforcement. Further, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and customers. The Department of Cannabis Control's (DCC) regulations contain a majority of the requirements for delivery, including, but not limited to: deliveries must be made by an employee of a licensed retailer who is at least 21 years old; a delivery employee must verify the customer's identity and age and ensure that all cannabis goods sold comply with packaging requirements; and deliveries can only take place through an enclosed motor vehicle that is unmarked, equipped with an alarm system and GPS device, and does not bear any exterior indications that the delivery employee is carrying cannabis goods for delivery. Additionally, cannabis goods must be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle. This bill would allow medicinal cannabis to be shipped to medicinal cannabis patients via common carrier (i.e., DHL), in limited circumstances.
According to the Author
"Since the implementation of Proposition 64, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use recreational products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain appropriate and effective medical cannabis products. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where specialized medical cannabis products are not available locally and these patients are not able to travel long distances to dispensaries that carry the products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment. [This bill] provides a narrow authorization for M-licensed cannabis outdoor cultivation microbusinesses to ship medicinal cannabis products directly to a patient's home via intra-state common carrier parcel delivery service. Allowable products for shipment would be limited to cannabis flower and "tinctures" (products manufactured with non-volatile solvents, mechanical extraction, or infusion only, such as food-oil infusion tinctures). The bill includes appropriate safeguards, such as requiring verification and documentation of legal medical patient status, ensuring compliance with track-and-trace systems, and mandating adult signatures upon delivery. Additionally, it includes a three-year sunset provision to allow the legislature to evaluate its impact and identify any problems with implementation. By enacting [this bill], California will take a significant step in fulfilling its commitment to protecting the rights and well-being of medical cannabis patients."
Arguments in Support
As the sponsor of this bill, the Society for Cannabis Physicians writes in support:
This bill is a crucial step toward ensuring that patients with severe and complex medical conditions can access the medicine they need. Since the implementation of Proposition 64 in 2018, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain effective treatment. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where medical cannabis products are not available locally. Current regulations make it difficult, if not impossible, for these patients to travel long distances to dispensaries that carry the specialized products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment without unnecessary hardship.
Arguments in Opposition
There is no opposition to this bill.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The Department of Cannabis Control (DCC) reports a one-time implementation cost of approximately $269,000 in Fiscal Year (FY) 2026-27 to make changes to the track-and-trace system, and ongoing annual costs of $472,000 beginning in FY 2026-27 to support oversight of shipments and ensure compliance with product restrictions (Cannabis Control Fund). DCC notes enhancements to the track-and-trace system will require at least a year to develop and launch.
- Unknown, potentially significant cost pressures to the state funded trial court system to adjudicate any civil cases filed as a result of this measure (Trial Court Trust Fund, General Fund). The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Unknown, potentially reimbursable mandate costs (General Fund). To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
VOTES:
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Ahrens, Alanis, Bains, Bauer-Kahan, Caloza, Chen, Elhawary, Wilson, Irwin, Jackson, Krell, Lowenthal, Macedo, Nguyen, Pellerin
ABS, ABST OR NV: Hadwick
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Tangipa
ABS, ABST OR NV: Ta
ASSEMBLY FLOOR: 69-0-10
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Stefani, Valencia, Wallis, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Alvarez, Bryan, Castillo, Chen, Nguyen, Solache, Soria, Ta, Tangipa, Ward
UPDATED
VERSION: August 29, 2025
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0002004
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1332 |
THIRD READING
Bill No: AB 1332
Author: Ahrens (D)
Amended: 8/29/25 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 10-0, 7/7/25
AYES: Ashby, Choi, Archuleta, Arreguín, Grayson, Menjivar, Smallwood-Cuevas, Strickland, Umberg, Weber Pierson
NO VOTE RECORDED: Niello
SENATE LOCAL GOVERNMENT COMMITTEE: 7-0, 7/16/25
AYES: Durazo, Choi, Arreguín, Cabaldon, Laird, Seyarto, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 69-0, 5/29/25 - See last page for vote
SUBJECT: Medicinal cannabis: shipments
SOURCE: The Society of Cannabis Clinicians
DIGEST:
This bill (1) authorizes a licensed cannabis microbusiness with a medicinal cannabis license to ship medicinal cannabis directly to a medicinal cannabis patient in California, if specified conditions are met for both the licensee and the recipient. The bill also (2) limits the type of medicinal cannabis or cannabis product that may be shipped to the patient.
ANALYSIS:
Existing law:
- Defines a “Medicinal cannabis patient” for purposes of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to mean a qualified patient, as defined in § 11362.7 of the Health and Safety Code (HSC), who possesses a physician’s recommendation, as specified, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card, as specified. (Business & Professions Code (BPC) § 26321)
- Requires deliveries as specified in MAUCRSA, to only be made by a licensed retailer or microbusiness, or a licensed nonprofit. (BPC § 26090(a))
- Requires a retailer to enter into the track and trace system all information required by the DCC, before cannabis or a cannabis product leaves the licensed premises in a delivery vehicle, as specified. (BPC § 26090(c))
- Establishes the Compassionate Use Act (CUA) of 1996, also known as Proposition 215. (Health and Safety Code (HSC) §11362.5)
- Requires the DCC to establish minimum standards governing the types of vehicles in which cannabis and cannabis products may be distributed and delivered, and minimum qualifications for persons eligible to operate such vehicles. (BPC § 26070(b))
- Requires all vehicles transporting cannabis and cannabis products for hire to have a valid motor carrier permit. The California Highway Patrol has authority over the safe operation of these vehicles, as specified. (BPC § 26070(d))
This bill:
- Permits, until January 1, 2029, licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment to provide free medicinal cannabis or medicinal cannabis products by means of shipment.
- Authorizes a licensed microbusiness with an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in this state, if the licensed microbusiness complies with the specified requirements.
- Requires a licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this bill to a qualified patient, as specified, who possesses a valid physician’s recommendation, to ensure that the physician is in good standing and verify the physician’s recommendation, as specified.
- Requires the microbusiness to act as the retailer for all cannabis products shipped and to be responsible for any taxes applicable to retailers under existing laws and regulations.
- Specifies that a common carrier cannot be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this bill, and such conveyance must not constitute delivery or transportation of cannabis.
- Makes conforming changes to authorize the shipment of medicinal cannabis as prescribed by this bill in the Medicinal Cannabis Patients’ Right of Access Act, as specified.
- Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified.
- Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
- Makes findings and declarations related to the importance of access to medicinal cannabis; ensuring that Californian’s have access to safe, effective and affordable medicinal cannabis and allow patients; and ensuring that critically ill patients are not limited to the necessary medicinal cannabis by the current regulatory framework under Prop 64, as specified.
Background
In 1996, California first legalized medicinal cannabis via Proposition 215, also known as the Compassionate Use Act. Proposition 215 protected qualified patients and primary caregivers from prosecution related to the possession and cultivation of cannabis for medicinal purposes. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries.
The California Department of Public Health (CDPH) oversees the Medical Marijuana Identification Card Program. Currently, doctors write their patient or client a “recommendation” for cannabis. After a doctor provides a “recommendation”, the county health department approves (or denies) it with an application fee, and then a medical identification card (ID) is given. With this ID, a person can buy cannabis in a retail store, and benefit from reduced taxes. Medicinal Cannabis is fully exempt from state and local sales taxes if purchased for medical use with a valid state medical ID card. Some cities and counties also levy lower excise tax rates on purchases.
Pursuant to BPC § 26090, cannabis deliveries may only be made by a licensed retailer or microbusiness or a licensed non-profit. All employees engaged in the delivery must carry a copy of their employer’s license and a government-issued identification with a photo. Upon request of state or local law enforcement, the employee must present a copy of the license and their photo identification. Prior to the cannabis or cannabis product leaving the licensed premises for delivery, product information is required to be entered into the track and trace system. During delivery, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and retained by the customer.
This bill will create a narrow exemption to allow for the shipment of medicinal cannabis via common carriers to a patient who is unable to acquire medicinal cannabis from a licensed retailer in their area. This bill limits the types of cannabis products eligible to be shipped, and expressly limits any types of recreational cannabis goods or products. Although the DCC will not have enforcement over the common carrier shipping the cannabis goods, if there are concerns with a licensee not following the provisions of this bill, or diverting products, the licensee will be subject to DCC’s current enforcement authority. This bill has a sunset date of January 1, 2029 to provide the Legislature and interested parties the opportunity to review the policy and determine if changes are necessary for the program.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Committee on Appropriations, the Department of Cannabis Control (DCC) reports a one-time implementation cost of approximately $269,000 in Fiscal Year (FY) 2026-27 to make changes to the track-and-trace system, and ongoing annual costs of $472,000 beginning in FY 2026-27 to support oversight of shipments and ensure compliance with product restrictions. DCC notes enhancements to the track-and-trace system will require at least a year to develop and launch. The bill will also result in unknown, potentially significant cost pressures to the state funded trial court system to adjudicate any civil cases filed as a result of this measure, as well as unknown, potentially reimbursable mandate costs.
SUPPORT: (Verified 8/29/25)
Society for Society of Cannabis Clinicians (source)
California Cannabis Operators Association
California Norml
Kiva Confections
Teamsters California
UFCW-Western States Council
OPPOSITION: (Verified 8/29/25)
None received
ARGUMENTS IN SUPPORT: Supporters note generally that this bill will help to ensure access to safe, effective, and affordable medicinal cannabis.
ASSEMBLY FLOOR: 69-0, 5/29/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Stefani, Valencia, Wallis, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Alvarez, Bryan, Castillo, Chen, Nguyen, Solache, Soria, Ta, Tangipa, Ward
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
9/2/25 18:19:19
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 1332 (Ahrens) - Medicinal cannabis: shipments
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 1332 authorizes, until January 1, 2029, a licensed cannabis microbusiness with a medicinal cannabis license to ship certain medicinal cannabis products directly to a medicinal cannabis patient in California if the licensed microbusiness complies with specified requirements.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 29, 2025
Fiscal Impact:
- The Department of Cannabis Control (DCC) reports a one-time implementation cost of approximately $269,000 in Fiscal Year (FY) 2026-27 to make changes to the track-and-trace system, and ongoing annual costs of $472,000 beginning in FY 2026-27 to support oversight of shipments and ensure compliance with product restrictions (Cannabis Control Fund). DCC notes enhancements to the track-and-trace system will require at least a year to develop and launch.
- Unknown, potentially significant cost pressures to the state funded trial court system to adjudicate any civil cases filed as a result of this measure (Trial Court Trust Fund, General Fund). The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Unknown, potentially reimbursable mandate costs (General Fund). To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
Author Amendments:
- Restrict the direct-to-patient shipping authorization to only licensed microbusinesses with an M-license whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation.
- Delete the 60-mile radius restriction.
- Make other technical, clarifying, and conforming changes.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 1332 (Ahrens) - Medicinal cannabis: shipments
Version: July 17, 2025 | Policy Vote: B., P. & E.D. 10 - 0, L. GOV. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 18, 2025 | Consultant: Janelle Miyashiro |
Bill Summary:
AB 1332 authorizes, until January 1, 2029, a licensed cannabis microbusiness with a medicinal cannabis license to ship certain medicinal cannabis products directly to a medicinal cannabis patient in California if the licensed microbusiness complies with specified requirements.
Fiscal Impact:
- The Department of Cannabis Control (DCC) reports a one-time implementation cost of approximately $269,000 in Fiscal Year (FY) 2026-27 to make changes to the track-and-trace system, and ongoing annual costs of $472,000 beginning in FY 2026-27 to support oversight of shipments and ensure compliance with product restrictions (Cannabis Control Fund). DCC notes enhancements to the track-and-trace system will require at least a year to develop and launch.
- Unknown, potentially significant cost pressures to the state funded trial court system to adjudicate any civil cases filed as a result of this measure (Trial Court Trust Fund, General Fund). The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
- Unknown, potentially reimbursable mandate costs (General Fund). To the extent the Commission on State Mandates determines that any of the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs.
Background:
Pursuant to Business and Professions Code (BPC) § 26090, cannabis deliveries may only be made by a licensed retailer or microbusiness or a licensed non-profit. All employees engaged in the delivery must carry a copy of their employer’s license and a government-issued identification with a photo. Upon request of state or local law enforcement, the employee must present a copy of the license and their photo identification. Prior to the cannabis or cannabis product leaving the licensed premises for delivery, product information is required to be entered into the track and trace system. During delivery, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and retained by the customer.
The DCC has established numerous regulations that specify the requirements that must be met in order to facilitate the delivery of cannabis or cannabis products. Deliveries must only be made to a physical address, they cannot be delivered outside of California, and they cannot be delivered to any grade school. DCC regulations permit licensed retailers to contract with a technology platform to facilitate the sale and delivery of cannabis goods only if the platform meets specified requirements.
Proposed Law:
- Permits licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment to provide free medicinal cannabis or medicinal cannabis products by means of shipment, and sunsets this authorization on January 1, 2029.
- Defines “shipment” to mean the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier, as specified.
- Authorizes a licensed microbusiness with a medicinal cannabis license whose licensed activities include retail sale, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in this state, if the licensed microbusiness complies with specified requirements.
- Requires a licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this bill to a qualified patient who possesses a valid physician’s recommendation, to ensure that the physician is in good standing and verify the physician’s recommendation, as specified.
- Requires the microbusiness to act as the retailer for all cannabis products shipped and to be responsible for any taxes applicable to retailers under existing laws and regulations.
- Specifies that a common carrier cannot be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this bill, and such conveyance must not constitute delivery or transportation of cannabis.
- Provides definitions for purposes of this bill.
- Makes conforming changes to authorize the shipment of medicinal cannabis as prescribed by this bill in the Medicinal Cannabis Patients’ Right of Access Act, as specified.
- Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into or from the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified.
- Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified.
- Provides that the bill’s provisions may be additionally enforced by an action for writ of mandate by a licensed microbusiness that seeks to ship medicinal cannabis into the local jurisdiction.
- States legislative findings and declarations.
- Sunsets the provisions of this bill on January 1, 2029, except for the findings and declarations.
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SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2025 - 2026 Regular
Bill No: | AB 1332 | Hearing Date: | 7/16/25 |
Author: | Ahrens | Fiscal: | Yes |
Version: | 7/1/25 | Consultant: | Favorini-Csorba |
Medicinal cannabis: shipments
Authorizes, until January 1, 2029, a licensed cannabis microbusiness to ship medicinal cannabis directly to a medicinal cannabis patient, as specified.
Background
Police power. The California Constitution allows a city or county to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws, known as the police power.” It is from this fundamental power that local governments derive their authority to regulate land uses through planning, zoning ordinances, and use permits. Local agencies also use this police power to abate nuisances and protect public health, safety, and welfare.
Federal laws relating to cannabis. Federal law prohibits the manufacture, possession, sale, or distribution of cannabis. In 1970, Congress enacted the Controlled Substances Act (CSA) which sets forth five schedules of specified drugs. For a drug to be designated a Schedule I controlled substance, CSA states the substance must have “a high potential for abuse,” and have “no currently accepted medical use” in the United States. Federal law lists cannabis as a Schedule I controlled substance.
State law relating to cannabis. In 1996, California voters approved Proposition 215, known as the Compassionate Use Act of 1996 (CUA). Under CUA, qualified patients with specified illnesses, and their primary caregivers, cannot be prosecuted for possessing or cultivating medical cannabis upon the written or oral recommendation or approval of an attending physician. In other words, CUA allowed qualified patients and primary caregivers to obtain and use medical cannabis. The Legislature clarified CUA by enacting SB 420 (Vasconcellos, 2003). SB 420 exempts qualified patients and caregivers from prosecution for using or cultivating medical cannabis. It also protects patients with valid identification cards from both arrest and criminal liability for possession, transportation, delivery, or cultivation of cannabis.
The medical cannabis industry remained largely unregulated at the state level until 2015, when the Legislature enacted the Medical Marijuana Regulation and Safety Act: a package of legislation that comprehensively regulated many aspects of medical cannabis including cultivation, manufacturing, transportation, distribution, sale, and product safety.
Proposition 64 and MAUCRSA. On November 8th, 2016, California voters approved Proposition 64—the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA)—which legalized the recreational use of cannabis by adults age 21 and older. AUMA provides for the licensure and regulation of commercial adult cannabis activities by various state agencies and imposes an excise tax and a cultivation tax on cannabis and cannabis products. The Legislature subsequently amended Proposition 64 to clarify certain provisions and established a single regulatory scheme for both medical and recreational cannabis activity and commerce (SB 94, Committee on Budget and Fiscal Review, 2017 and AB 133, Committee on Budget, 2017). This unified framework was renamed the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and is the current regulatory structure for both medicinal and adult-use cannabis.
MAUCRSA establishes a three-tier system of licensing for commercial cannabis activity, including production, distribution, and retail sale. Entities engaged in commercial cannabis activity must possess licenses to conduct particular types of activities, issued by the Department of Cannabis Control (department). These activities include cultivation, manufacturing, retail sale, delivery, transportation, distribution, testing, events, and microbusinesses that conduct at least three types of activities on a small scale. Additionally, licenses have an “A-designation” or “M-designation” depending on whether they authorize adult-use or medicinal cannabis activities, respectively. A licensee may hold both an A-license or an M-license.
Delivery. MAUCRSA allows a retailer to conduct sales entirely by delivery. Under regulations adopted by the department, a licensed retailer must have a physical location from which cannabis products are sent out for delivery, and must meet all the same requirements of storefront retail sites, except that the retailer’s physical location must be closed to the public. The department’s regulations require delivery to be made during business hours (and not outside the hours of 6am and 10pm) and impose other requirements, such as GPS tracking installation on the delivery vehicle that is capable of tracking upon request. Delivery businesses must also maintain logs of customers, delivery locations, and products delivered, among other data. All deliveries of cannabis goods be performed by a delivery employee who is directly employed by a licensed retailer—cannabis cannot otherwise be shipped directly to consumers.
Local control under MAUCRSA. MAUCRSA grants local governments wide latitude to regulate commercial cannabis activity within their jurisdictions. Specifically, MAUCRSA:
- Allows cities and counties to regulate or entirely prohibit commercial cannabis activity within their boundaries;
- Prohibits state licensing authorities from approving an application for a license if the application would violate a local ordinance, and allows local governments to review applications for state licenses and to deny those applications if they are in conflict with local laws; and
- States that its provisions shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate cannabis businesses, including local zoning and land use ordinances and business license requirements, or limit any law enforcement or local permitting activities.
MAUCRSA also states that its provisions, and any regulations promulgated by state licensing agencies, shall not be deemed to limit the authority or remedies of a city or county under any law, including local governments’ police powers.
Roughly half of the state’s cities and counties do not allow commercial cannabis activity, according to a tracker posted by the department.
Limitations on local control of cannabis. Local government authority related to cannabis is not totally unfettered. First, MAUCRSA prohibits a city or county from preventing delivery of cannabis or cannabis products on public roads by a licensee that complies with state and other local laws.
Additionally, responding to the concern that patients in jurisdictions that banned commercial cannabis activity did not have access to medicinal cannabis, the Legislature enacted SB 1186 (Wiener, 2022), the Medicinal Cannabis Patients’ Right of Access Act (MCPRAA). The MCPRAA prohibits local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or their primary caregivers within their jurisdictions.
The MCPRAA specifically forbids local governments from regulating:
- The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction;
- The operating hours of medicinal cannabis businesses;
- The number or frequency of sales by delivery of medicinal cannabis;
- The types or quantities of medicinal cannabis authorized to be sold by delivery; or
- The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted.
However, it provides that it does not limit zoning requirements that do not have the effect of prohibiting medicinal cannabis delivery, or imposing security or public health and safety requirements, licensing requirements, and taxes on retail sales.
While the MCPRAA allowed delivery of medicinal cannabis statewide, such delivery must occur from a licensed retailer via its own employees. As a result, cannabis businesses cannot use common carriers such as GLS that operate within the state to delivery cannabis. Additionally, to operate a delivery service, a business must hold a license that allows retail sales of cannabis.
Some advocates for medicinal cannabis indicate that some patients across the state are unable to access specifically-crafted medicinal cannabis products that are produced in limited amounts in consultation with the patient’s doctor. They estimate that several thousand patients statewide could benefit from expanded access to other means of acquiring boutique medicinal cannabis products due to infeasibility of producing and distributing some perishable products through currently authorized channels, or because patients’ illnesses may limit their ability to travel to acquire medicinal cannabis. They want the Legislature to allow shipment from producers of these products outside of the current delivery framework.
Proposed Law
Assembly Bill 1332 authorizes, until January 1, 2029, a licensed cannabis microbusiness with a medicinal cannabis license to ship medicinal cannabis directly, as specified, to a medicinal cannabis patient in California, if both the licensee and the recipient meet specified conditions.
AB 1332 allows a licensed microbusiness with a license designation that includes “medicinal” whose licensed activities include manufacturing, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
- The medicinal cannabis is shipped by a commercial carrier that only utilizes the commercial carrier’s own employees;
- The medicinal cannabis is only shipped to a patient who cannot obtain the specific medicinal cannabis products they need from a cannabis retailer or delivery within 60 miles of the patient’s location;
- The amount shipped to a medicinal cannabis patient in a single day does not exceed the possession limits for patients or qualified caregivers under existing law;
- The medicinal cannabis shipment does not include specified types of products;
- Payment for medicinal cannabis shipped pursuant to the bill is obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment, as specified;
- The licensed microbusiness requires the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis to an individual in this state, and the container is labeled with this requirement;
- The licensed microbusiness enters into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusiness’s licensed premises or from up to five licensed outdoor cultivation premises holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location;
- The shipment is properly recorded in the licensed microbusiness’s inventory records and the track and trace system, as specified; and
- The shipment complies with all applicable laws and regulations governing cannabis and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments.
AB 1332 requires a licensed microbusiness shipping medicinal cannabis to a qualified patient to (1) ensure that the physician recommending the treatment is in good standing and (2) verify the physician’s recommendation in a specified manner.
The bill designates the licensed microbusiness as the retailer for all cannabis products shipped and assigns them responsibility for any taxes applicable to retailers. It also allows licensed microbusinesses authorized to engage in retail sales of medicinal cannabis solely by means of shipment to provide free medicinal cannabis products.
Notwithstanding any other law, AB 1332 provides that a commercial carrier is not in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to the bill, and such conveyance does not constitute delivery or transportation of cannabis for the purposes of MAUCRSA.
AB 1332 also amends the MCPRAA to prohibit cities and counties from prohibiting shipment of medicinal cannabis to patients or qualified caregivers into or from their jurisdiction, or otherwise effectively prohibiting retail sale by shipment, including by limiting:
- The number of licensed microbusinesses authorized to ship medicinal cannabis into or from the city or county; or
- The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis as long as the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of the bill.
AB 1332 makes technical and conforming changes, defines its terms, makes findings and declarations to support its purposes, and repeals its provisions on January 1, 2029.
Comments
1. Purpose of the bill. According to the author, “It may seem counterintuitive to today's legislature, but 29 years after the legalization of medicinal cannabis in California, patients under the care of medical doctors to harness the medicinal properties of cannabis can no longer find the medicinal cannabis that they need at their local retail dispensary or delivery service. These patients include pediatric and adult patients experiencing a wide variety of complex seizure disorders, pediatric and adult cancer patients in end-of-life palliative care, and elderly adults struggling with Alzheimer’s and severe sleep disorders.
“AB 1332 narrowly defines cannabis medicinal products to create a pathway for microbusiness outdoor cultivators to work directly with doctors and patients to grow, package, and mail cannabis medicine directly to patients. The narrow definition of medicinal products ensures that mainstream cannabis products which are easily accessible through retail dispensaries and delivery services, such as all vape pens, drinks and edibles, and infused pre-rolls, cannot be mailed to patients via AB 1332.”
2. Big or small. Under current law, cannabis licensees authorized to transport cannabis products must follow myriad requirements related to vehicle security, delivery and inventory tracking, documentation during transport, and more. For example, department regulations require distributors to use vehicles that have a “secured area”, defined as either a windowless, locked area that cannot be accessed from inside the vehicle, or as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. Current law also only authorizes cannabis to be transported between licensees via a licensed distributor or delivered to a customer by a retailer’s employee, subject to specific requirements and conditions.
These restrictions exist to ensure that cannabis is legally produced throughout the supply chain. AB 1332 departs from existing standards for licensees for a narrow set of medicinal cannabis items produced by microbusinesses in two ways. First, it allows shipment of cannabis to select customers via commercial carriers, which may not be required to meet the same standards currently applied to sales by delivery. Second, the bill allows a licensed microbusiness that doesn’t have a license for retail sales to ship products directly to customers, outside of the confines of the three-tier system and without using its own employees. AB 1332 incorporates a short three-year sunset to evaluate the impact of its changes.
3. To and fro. Currently, state law under the MCPRAA allows delivery of medicinal cannabis within cities and counties that have otherwise banned commercial cannabis activity, overriding their local control in this limited circumstance. AB 1332 expands the provisions of the MCPRAA to allow shipment into or from cities and counties statewide. Because it allows shipment from those that might have banned commercial cannabis activity, AB 1332 could be construed to require cities and counties to permit businesses that produce products authorized to be shipped under the bill to operate physical premises in cities or counties that have otherwise limited or banned commercial cannabis activity. To ensure that the bill doesn’t scope of commercial cannabis activities that must be allowed, the Committee may wish to consider amending AB 1332 to clarify that it does not require local governments to allow physical premises that they otherwise wouldn’t.
4. Let’s get technical. AB 1332 authorizes shipment by commercial carrier, but the relevant term under state and federal law is “common carrier.” The Committee may wish to consider amending AB 1332 to correct this term throughout the bill.
5. Incoming! The Senate Rules Committee has ordered a double referral of AB 1332: first to the Committee on Business, Professions, and Economic Development, which approved AB 1332 at its July 7th hearing on a vote of 10-0, and second to the Committee on Local Government.
Assembly Actions
Assembly Business and Professions Committee: 17-0
Assembly Appropriations Committee: 14-0
Assembly Floor: 69-0
Support and Opposition
(7/11/25)
Support: (prior version of the bill)
Society of Cannabis Clinicians (sponsor)
California Norml
California Teamsters Public Affairs Council
Kiva Confections
Ufcw - Western States Council
Opposition: None received.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 1332
Author:(Ahrens)
As Amended Ver:April 21, 2025
Majority vote
SUMMARY
Authorizes a licensed cannabis microbusiness with a medicinal cannabis license (M-license) to directly ship medicinal cannabis to a medicinal cannabis patient in California via commercial carrier, if specified requirements are adhered to.
Major Provisions
- Authorizes a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in this state, if the licensed microbusiness complies with enumerated requirements.
- Requires a licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this bill to a qualified patient, as specified, who possesses a valid physician's recommendation, to ensure that the physician is in good standing and verify the physician's recommendation, as specified.
- Requires the microbusiness to act as the retailer for all cannabis products shipped and to be responsible for any taxes applicable to retailers under existing laws and regulations.
- Defines "medicinal cannabis" to mean medicinal cannabis or medicinal cannabis products, as those terms are defined in existing law.
- Specifies that "medicinal cannabis patient" includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person possessing a valid identification card issued under Section 11362.71 of the Health and Safety Code.
- Expands the definition of "medicinal cannabis business" to also mean a licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to this bill.
- Defines "ship," "shipment," or "shipping" as the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with the requirements listed above. Requires all shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier to be by the commercial carrier's own employees.
- Authorizes a licensed microbusiness that seeks to ship medicinal cannabis within a local jurisdiction and a medicinal cannabis patient or their primary caregiver who seeks to have medicinal cannabis or medicinal cannabis products shipped within a local jurisdiction to bring an action to enforce the Medicinal Cannabis Patients' Right of Access Act.
- Sunsets the bill's provisions, except for the findings and declarations, on January 1, 2029, and makes conforming changes.
COMMENTS
Availability of Medicinal Cannabis. As of January 9, 2019, the collective and cooperative model for medical marijuana dispensaries, as authorized under Proposition 215, was formally sunset, and any dispensary that was in place under the Compassionate Use Act was required to obtain a license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). In the months following that transition date, many expressed concern that the state's new regulatory framework insufficiently accommodated existing patients who use cannabis for medicinal purposes. Before the enactment of SB 1186 (Wiener), Chapter 395, Statutes of 2022, MAUCRSA allowed localities to ban cannabis sales within their jurisdictions completely, so many patients arguably had less access to cannabis than they did under the old Proposition 215 system. However, SB 1186 prohibited local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions.
Need for this bill. Proponents of this bill argue that a small population of patients in California requires specific medicinal products that retailers do not stock, as only a handful of individuals seek them, and these products are perishable. This bill is intended to create flexibility for medical patients and caregivers for whom it is a hardship to travel to purchase medicinal cannabis products. However, prior amendments narrowed the scope of the bill by prohibiting the shipment of medicinal cannabis goods to patients who live within 60 miles of a cannabis retailer or delivery option. It is unclear how many patients currently stand to benefit from this bill.
Cannabis Delivery. Statute contains relatively few provisions governing cannabis delivery. MAUCRSA defines delivery and provides that deliveries "may only be made by a licensed retailer or microbusiness, or a licensed nonprofit." Delivery employees must carry their licenses and identification and present them upon request from law enforcement. Further, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and customers.
The majority of requirements relating to cannabis delivery are contained in the Department of Cannabis Control's (DCC) regulations. Deliveries must be made by an employee of a licensed retailer who is at least 21 years old. Each licensed retailer is required to maintain an accurate list of its delivery employees and provide this list to the DCC upon request.
During a delivery, delivery employees are prohibited from leaving California or engaging in any other activities except for necessary rest, fuel, or vehicle repair stops. Delivery employees must carry a copy of the retailer's current license, the employee's government-issued identification, and an identification badge provided by the employer. All deliveries of cannabis goods must be made in person to a physical address. A delivery employee must verify the customer's identity and age and ensure that all cannabis goods sold comply with packaging requirements.
Licensed retailers may contract with a technology platform to facilitate the sale and delivery of cannabis goods, such as Eaze, but the technology platform cannot deliver cannabis itself or share in the profits of the sale of cannabis goods. Deliveries can only take place through an enclosed motor vehicle that is unmarked, equipped with an alarm system and GPS device, and does not bear any exterior indications that the delivery employee is carrying cannabis goods for delivery. Only the licensee or an employee of the licensed retailer may be in the delivery vehicle.
Cannabis goods must be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle. The maximum value of cannabis goods that a delivery employee is allowed to carry at any time is $10,000. A delivery employee may only carry cannabis goods in the delivery vehicle and may only perform deliveries for one licensed cannabis retailer at a time. A delivery employee must depart and return to the same licensed premises before taking possession of any cannabis goods from another licensee to perform additional deliveries. A licensed retailer's delivery employee may not leave the licensed premises with cannabis goods without at least one delivery order that has already been received and processed by the licensed retailer. Before leaving, the delivery driver must have a delivery inventory ledger of all cannabis goods they have been provided, and the driver must maintain a log that includes all stops made during the delivery. This log must be provided to the DCC or law enforcement upon request.
If a licensed retailer's delivery driver does not have any delivery requests to be performed for 30 minutes, the licensed retailer's delivery driver may not make any additional deliveries and must return to the licensed premises. This does not include required meal breaks. Upon returning to the licensed premises, all undelivered cannabis goods must be returned to inventory, and all necessary inventory and the CCTT system records must be updated that day.
This bill would, in limited circumstances, allow medicinal cannabis to be shipped to medicinal cannabis patients via commercial carriers, such as DHL.
According to the Author
"Since the implementation of Proposition 64, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult- use recreational products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain appropriate and effective medical cannabis products. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where specialized medical cannabis products are not available locally and these patients are not able to travel long distances to dispensaries that carry the products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment. [This bill] provides a narrow authorization for M-licensed cannabis outdoor cultivation microbusinesses to ship medicinal cannabis products directly to a patient's home via intra-state common carrier parcel delivery service. Allowable products for shipment would be limited to cannabis flower and "tinctures" (products manufactured with non-volatile solvents, mechanical extraction, or infusion only, such as food-oil infusion tinctures). The bill includes appropriate safeguards, such as requiring verification and documentation of legal medical patient status, ensuring compliance with track-and-trace systems, and mandating adult signatures upon delivery. Additionally, it includes a three-year sunset provision to allow the legislature to evaluate its impact and identify any problems with implementation. By enacting [this bill], California will take a significant step in fulfilling its commitment to protecting the rights and well-being of medical cannabis patients."
Arguments in Support
As the sponsor of this bill, the Society for Cannabis Physicians writes in support:
This bill is a crucial step toward ensuring that patients with severe and complex medical conditions can access the medicine they need. Since the implementation of Proposition 64 in 2018, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain effective treatment. California's vast geography further exacerbates this issue, as many seriously ill patients live in areas where medical cannabis products are not available locally. Current regulations make it difficult, if not impossible, for these patients to travel long distances to dispensaries that carry the specialized products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment without unnecessary hardship.
Arguments in Opposition
There is no opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "The Department of Cannabis Control anticipates minor and absorbable costs."
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Ahrens, Alanis, Bains, Bauer-Kahan, Caloza, Chen, Elhawary, Wilson, Irwin, Jackson, Krell, Lowenthal, Macedo, Nguyen, Pellerin
ABS, ABST OR NV: Hadwick
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Tangipa
ABS, ABST OR NV: Ta
UPDATED
VERSION: April 21, 2025
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0000479
Date of Hearing: May 21, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1332
Author:(Ahrens) – As Amended Ver:April 21, 2025
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill authorizes a licensed cannabis microbusiness with a medicinal cannabis license (M-license) to directly ship certain medicinal cannabis products to a medicinal cannabis patient in the state if the licensee complies with specified requirements.
Specifically, this bill:
- Authorizes a licensed cannabis microbusiness with a medicinal cannabis (M-license) license whose licensed activities include retail sale, distribution, and outdoor cultivation to directly ship certain medicinal cannabis products to a medicinal cannabis patient in the state if the licensee complies with specified requirements.
- Defines “shipment” to mean the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier. Requires a commercial carrier to use its own employees when shipping medicinal cannabis or medicinal cannabis products.
- Authorizes licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment to provide free medicinal cannabis or medicinal cannabis products by means of shipment.
- Sunsets on January 1, 2029.
For a complete description of the bill’s provisions, please see the Assembly Business and Professions Committee Analysis.
FISCAL EFFECT:
The Department of Cannabis Control anticipates minor and absorbable costs.
COMMENTS:
- Purpose. This bill is sponsored by the Society of Cannabis Clinicians. According to the author:
Since the implementation of Proposition 64, the availability of medical cannabis products has declined significantly. Many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain appropriate and effective medical cannabis products…[M]any seriously ill patients live in areas where specialized medical cannabis products are not available locally and these patients are not able to travel long distances to dispensaries that carry the products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment. The bill includes appropriate safeguards, such as requiring verification and documentation of legal medical patient status, ensuring compliance with track-and-trace systems, and mandating adult signatures upon delivery.
- Policy Concerns. The Assembly Business and Professions Committee analysis of this bill expresses concerns. First, the analysis notes that under existing law, cannabis licensees authorized to transport cannabis products must adhere to many requirements related to vehicle security, delivery and inventory tracking, documentation during transport, and more. For example, DCC requires distributors—the most comparable cannabis business type to the commercial carriers authorized in the bill—to use vehicles that have a “secured area,” defined as either a windowless, locked area that cannot be accessed from inside the vehicle, or as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. All vehicles must be outfitted with an alarm system and a GPS device with real-time tracking capabilities. Cannabis licensees that transport products must also adhere to predetermined transportation routes and cannot deviate from their route except for specified circumstances. This bill would depart from existing standards for licensees by allowing cannabis to be shipped to select customers via commercial carriers.
The second policy concern is enforcement. Current law authorizes cannabis to be transported between licensees via a licensed distributor or delivered to a customer by a retailer’s employee, subject to specific requirements and conditions. The shipment of cannabis from a licensed microbusiness to a customer by a commercial carrier sets a new precedent in statute. DCC has no regulatory authority over commercial carriers. Thus, it is unclear to what extent, if any, shipment by commercial carriers may result in increased diversion to the illicit market.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 1332
Author:Ahrens – As Amended Ver:April 21, 2025
SUBJECT: Medicinal cannabis: shipments.
SUMMARY: Authorizes a licensed cannabis microbusiness with a medicinal cannabis license (M-license) to directly ship medicinal cannabis to a medicinal cannabis patient in California, if specified requirements are adhered to.
EXISTING LAW:
- Enacts the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following:
- Medicinal cannabis and medicinal cannabis products for patients with valid physician recommendations.
- Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over, and cannabis products intended for use on, or consumption by, animals.
- (Business and Professions Code (BPC) § 26000-26325)
- Defines “delivery” to mean the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use of any technology platform by a retailer. (BPC § 26001(s))
- Defines “distribution” to mean a licensee that is authorized to engage in the distribution of cannabis and cannabis products. (BPC § 26001(w))
- Defines “M-license” to mean a state license issued under MAUCRSA for commercial cannabis activity involving medicinal cannabis. (BPC § 26001(aj))
- Defines “M-licensee” to mean any person holding a license under MAUCRSA for commercial cannabis activity involving medicinal cannabis. (BPC § 26001(ak))
- Defines “medicinal cannabis” or “medicinal cannabis product” to mean cannabis or a cannabis product, respectively, intended to be sold or donated for use by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. (BPC § 26001(am))
- Defines “microbusiness” to mean a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer, provided such licensee can demonstrate compliance with all requirements imposed on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. (BPC § 26001(an))
- Defines “physician’s recommendation” to mean a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215) (BPC § 26001(at))
- Establishes the Compassionate Use Act of 1996, which prohibits a physician from being punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes and specify that prohibitions on the possession and cultivation of marijuana do not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (Health and Safety Code (HSC) § 11362.5)
- Defines “qualified patient” under the Medical Marijuana Program to mean a person who is entitled to the protections of the Compassionate Use Act of 1996, but who does not have an identification card, which is defined as a document used by the State Department of Public Health that identifies a person authorized to engage in the medical use of cannabis, and the person’s designated primary caregiver, if any. (HSC § 11362.7(f))
- Establishes the Department of Cannabis Control (DCC) within the Business, Consumer Services, and Housing Agency for purposes of administering and enforcing MAUCRSA. (BPC § 26010)
- Establishes grounds for disciplinary action against cannabis licensees, including failure to comply with state licensing requirements and local laws and ordinances. (BPC § 26030)
- Provides for 20 cannabis licenses, including subtypes for cultivation, manufacturing, testing, retail, distribution, and microbusiness; requires each licensee, except for testing laboratories, to clearly designate whether their license is for adult-use or medicinal cannabis. (BPC § 26050(a))
- Required licenses, except for testing laboratory licenses, to bear a clear designation indicating whether the license is for commercial adult-use cannabis or commercial medicinal cannabis activity. (BPC § 26050(b))
- Requires the DCC to establish a track and trace (CCTT) program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier and is capable of providing information that captures, at a minimum, all of the following:
- The licensee from which the product originates and the licensee receiving the product.
- The transaction date.
- The unique identifier or identifiers for the cannabis or cannabis product.
- The date of retail sale to a customer and whether the sale is conducted on the retail premises or by delivery.
- Information relating to cannabis and cannabis products leaving the licensed premises in a delivery vehicle as determined by regulations adopted pursuant to subdivision (d) of Section 26068.
- (BPC § 26067(a))
- Requires the DCC, in consultation with the California Department of Tax and Fee Administration, to create an electronic database containing the electronic shipping manifests to facilitate the administration of the CCTT program, which must include, but not be limited to, the following information:
- The variety and quantity or weight of cannabis or cannabis products shipped.
- The estimated times of departure and arrival.
- The variety and quantity or weight of cannabis or cannabis products received.
- The actual time of departure and arrival.
- A categorization and the unique identifier of the cannabis or cannabis product.
- The license number issued by the department for all licensees involved in the shipping process, including, but not limited to, cultivators, manufacturers, distributors, and retailers.
- (BPC § 26067(b)(1))
- Requires, except as specified, the transportation of cannabis and cannabis products to be conducted by licensed persons authorized to engage in distribution or employees of those persons. Transportation safety standards established by the DCC must include, but not be limited to, minimum standards governing the types of vehicles in which cannabis and cannabis products may be distributed and delivered, and minimum qualifications for persons eligible to operate such vehicles. (BPC § 26070(b))
- Requires all vehicles transporting cannabis and cannabis products for hire to have a valid motor carrier permit. The California Highway Patrol has authority over the safe operation of these vehicles, as specified. (BPC § 26070(d))
- Requires a licensed distributor, prior to transporting cannabis or cannabis products, to do both of the following:
- Complete an electronic shipping manifest as prescribed by the DCC. The shipping manifest must include the unique identifier issued by the DCC for the cannabis product.
- Securely transmit the manifest to the DCC and the licensee that will receive the cannabis product.
- (BPC § 26070(e))
- Requires the licensed distributor to maintain a physical copy of the shipping manifest and make it available upon request to agents of the DCC and law enforcement officers during transportation. (BPC § 26070(f))
- Requires the licensee receiving a shipment of cannabis or cannabis products to maintain each electronic shipping manifest and make it available upon request to the DCC and any law enforcement officers. (BPC § 26070(g))
- Requires the licensee receiving the shipment to submit to the DCC a record verifying receipt of the shipment and the details of the shipment upon receipt of the transported shipment. (BPC § 26070(h))
- Authorizes a licensee that is authorized to make retail sales to provide free cannabis or cannabis products if specified criteria are met in order to provide access to medicinal cannabis patients who have difficult accessing cannabis or cannabis products, except as specified. (BPC § 26071)
- Requires deliveries, as defined, to be made by a licensed retailer or microbusiness, or licensed nonprofit, as defined. (BPC § 26090(a))
- Requires all employees of a retailer, microbusiness, or nonprofit delivering cannabis or cannabis products to carry a copy of the licensee’s current license and a government-issued identification with a photo of the employee, such as a driver’s license. The employee must present that license and identification upon request to state and local law enforcement, employees of the DCC, and other state and local agencies enforcing MAUCRSA. (BPC § 26090(b))
- Require, before cannabis or a cannabis product leaves the licensed premises in a delivery vehicle, the retailer to enter into the CCTT all information required by the DCC and update the information as required by the DCC. (BPC § 26090(c))
- Specifies that during delivery, the licensee must maintain a copy of the delivery request and make it available upon request of the DCC and law enforcement officers. The delivery request documentation must comply with state and federal law regarding the protection of confidential medical information. (BPC § 26090(d))
- Requires a customer requesting delivery to maintain a physical or electronic copy of the delivery request and must make it available upon request by the DCC and law enforcement officers. (BPC § 26090(e))
- Expresses that state cannabis laws shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate cannabis businesses. (BPC § 26200(a))
- Establishes the Medicinal Cannabis Patients’ Right of Access Act, which prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction. (BPC §§ 26320-26325)
- States that the Legislature finds and declares the following:
- Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
- It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
- (BPC § 26320)
- Defines, for purposes of the Medicinal Cannabis Patients’ Right of Access Act, “medicinal cannabis business” to mean a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and a “medicinal cannabis patient” to mean a qualified patient who possesses a physician’s recommendation or a qualified patient or primary caregiver for a qualified patient issued a valid identification card, as specified. (BPC § 26321)
THIS BILL:
- Authorizes free cannabis or cannabis products provided to a medicinal cannabis patient to comply with all applicable requirements for shipment and defines “shipment” to mean the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier. Requires commercial carriers to use their own employees when shipping medicinal cannabis or medicinal cannabis products.
- Authorizes licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment to provide free medicinal cannabis or medicinal cannabis products by means of shipment.
- Deletes obsolete implementation language.
- Authorizes a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation to directly ship medicinal cannabis to a medicinal cannabis patient in this state, if the licensed microbusiness complies with all of the following requirements:
- The medicinal cannabis or medicinal cannabis products must be shipped by a commercial carrier that only utilizes the commercial carrier’s own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
- The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patient’s location.
- The amount shipped to a medicinal cannabis patient in a single day cannot exceed the possession limits prescribed by existing law.
- The medicinal cannabis shipment cannot include any of the following:
- Vape pens or cartridges.
- Battery or electronically powered devices.
- Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.
- Cookies, gummies, or edibles, except naturally infused food-oil tinctures.
- Infused cannabis beverages.
- Infused products, such as added flavors or terpenes.
- Flower cultivated indoors.
- The medicinal cannabis shipment may include any of the following:
- Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but cannot include distillate or volatile solvent tinctures.
- Topicals, salves, or balms made using food-oil infusion tinctures, but cannot include distillate or volatile solvent tinctures.
- Suppositories made using food-oil infusion tinctures, but cannot include distillate or volatile solvent tinctures.
- Full-spectrum cannabis oil, including “Rick Simpson Oil.”
- Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.
- Payment for medicinal cannabis shipped must be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction must be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis must be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.
- The licensed microbusiness must require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped to an individual in this state.
- The containers in which the medicinal cannabis is shipped must be conspicuously labeled with the words: “SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
- The microbusiness must enter into the CCTT system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusiness’s licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
- The shipment must be properly recorded in the retailer’s inventory records and the CCTT system. The microbusiness must include in its inventory records for the medicinal cannabis patient the number of their identification card or a copy of the physician’s recommendation for at least four years. If the medicinal cannabis patient is a qualified patient, as specified, who possesses a valid physician’s recommendation, the retailer must certify in writing that they verified the recommendation and keep a copy of that certification for at least seven years.
- The microbusiness must comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all CCTT requirements for those shipments. The microbusiness must properly enter all transactions related to shipments into the CCTT system as required under this division.
- Requires a licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this bill to a qualified patient, as specified, who possesses a valid physician’s recommendation, to ensure that the physician is in good standing and verify the physician’s recommendation by doing both of the following:
- Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
- Keep a copy of the patient’s or primary caregiver’s driver’s license or other government-issued identification.
- Requires the microbusiness to act as the retailer for all cannabis products shipped and to be responsible for any taxes applicable to retailers under existing laws and regulations.
- Specifies that a commercial carrier cannot be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this bill, and such conveyance must not constitute delivery or transportation of cannabis.
- Defines “medicinal cannabis” to mean medicinal cannabis or medicinal cannabis products, as those terms are defined in existing law.
- Specifies that “medicinal cannabis patient” includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person possessing a valid identification card issued under Section 11362.71 of the Health and Safety Code.
- Expands the definition of “medicinal cannabis business” to also mean a licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with the requirements listed above.
- Defines “ship,” ”shipment,” or “shipping” as the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with the requirements listed above. Requires all shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier to be by the commercial carrier’s own employees.
- Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale of medicinal cannabis to medicinal cannabis patients or their primary caregivers by shipment within the local jurisdiction, or that otherwise has that effect.
- Prohibits a local jurisdiction from regulating the number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction, the number or frequency of sales by shipment of medicinal cannabis, the types or quantities of medicinal cannabis authorized to be sold by shipment, and the establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted if it has the effect of prohibiting the retail sale by shipment of medicinal cannabis.
- Specifies that a local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engages in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.
- Authorizes a licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction, and a medicinal cannabis patient or their primary caregiver who seeks to have medicinal cannabis or medicinal cannabis products shipped within the local jurisdiction to bring an action to enforce the Medicinal Cannabis Patients’ Right of Access Act.
- Makes various findings and declarations.
- Sunsets the bill’s provisions, except for the findings and declarations, on January 1, 2029, and makes conforming changes.
FISCAL EFFECT: Unknown. This bill has been keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the Society of Cannabis Clinicians. According to the author:
Since the implementation of Proposition 64, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult- use recreational products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain appropriate and effective medical cannabis products. California’s vast geography further exacerbates this issue, as many seriously ill patients live in areas where specialized medical cannabis products are not available locally and these patients are not able to travel long distances to dispensaries that carry the products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment. [This bill] provides a narrow authorization for M-licensed cannabis outdoor cultivation microbusinesses to ship medicinal cannabis products directly to a patient’s home via intra-state common carrier parcel delivery service. Allowable products for shipment would be limited to cannabis flower and “tinctures” (products manufactured with non-volatile solvents, mechanical extraction, or infusion only, such as food-oil infusion tinctures). The bill includes appropriate safeguards, such as requiring verification and documentation of legal medical patient status, ensuring compliance with track-and-trace systems, and mandating adult signatures upon delivery. Additionally, it includes a three-year sunset provision to allow the legislature to evaluate its impact and identify any problems with implementation. By enacting [this bill], California will take a significant step in fulfilling its commitment to protecting the rights and well-being of medical cannabis patients.
Background.
History of Medicinal Cannabis Regulation in California. While the federal illegality of cannabis has historically limited clinical research, cannabis has long been believed to have therapeutic value and has been used as medicine by numerous cultures. Cannabinoids contained within the plant, including tetrahydrocannabinol (THC), have been demonstrated to be effective at treating chemotherapy-induced nausea, chronic pain, anorexia, and other conditions. During the height of the AIDS crisis in San Francisco in the 1980s, cannabis was commonly ingested to help alleviate the effects of wasting syndrome, with activists like “Brownie Mary” Rathbun and Dennis Peron championing access to the plant for patients. In 1995, the Legislature passed AB 1529 (Vasconcellos) to establish a medical necessity defense for patients using cannabis with a physician's recommendation; that bill was vetoed by Governor Pete Wilson.
Subsequently, in 1995, California became the first state to make the consumption of cannabis lawful when voters approved Proposition 215, the Compassionate Use Act, in 1996. Proposition 215 protected patients and caregivers from prosecution relating to the possession and cultivation of cannabis for medicinal purposes, if recommended by a physician. The initiative prohibited physicians from being punished or denied any right or privilege for making a medicinal cannabis recommendation to a patient. Proposition 215 also included findings and declarations encouraging the federal and state governments to implement a plan to provide for the safe and affordable distribution of cannabis to patients with medical needs.
The regulatory scheme for medicinal cannabis was further refined by SB 420 (Vasconcellos) in 2003, which established the state’s Medical Marijuana Program (MMP). Under the MMP, qualified patients were eligible to obtain a voluntary medical marijuana patient card, which could be used to verify that the patient or a caregiver had authorization to cultivate, possess, transport, or use medicinal cannabis. The MPP’s identification cards were intended to help law enforcement officers identify and verify that cardholders were allowed to cultivate, possess, or transport limited amounts of cannabis without being subject to arrest. The MMP also created protections for qualified patients and primary caregivers from prosecution for the formation of collectives and cooperatives for medicinal cannabis cultivation.
Without the adoption of a formal framework to provide for state licensure and regulation of medicinal cannabis, a proliferation of informally regulated cannabis collectives and cooperatives was largely left to the enforcement of local governments. As a result, a patchwork of local regulations was created with little statewide involvement. More restrictive laws and ordinances by cities and counties were ultimately upheld by the California Supreme Court in City of Riverside v. Inland Empire Patients (2013) 56 Cal. 4th 729, which held that state law did not expressly or implicitly limit the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medicinal cannabis be prohibited from operating within its borders.
Cannabis collectives operating in compliance with Proposition 215 assumed they would be safe under federal guidance suggesting leniency toward states that had authorized the medical use of marijuana. However, United States Attorneys subsequently engaged in a series of raids against medical marijuana dispensaries. In February of 2011, U.S. Attorney Melinda Haag sent a letter to the City of Oakland asserting that her office would “enforce the Controlled Substances Act vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.”
In response to the federal government’s enforcement activities, California Attorney General Kamala D. Harris assessed whether the state’s medical marijuana guidelines could be clarified to reduce exploitation by criminal enterprises, reassure legitimate actors, and avert further crackdowns. However, it was ultimately determined that the state’s legislative scheme for cannabis needed a greater overhaul. In December of 2011, the Attorney General sent letters to the Senate President pro Tem and Assembly Speaker urging legislation to “reform, simplify, and improve” state law.
After several attempts to improve the state’s regulation of cannabis, the Legislature passed the Medical Marijuana Regulation and Safety Act—subsequently retitled the Medical Cannabis Regulation and Safety Act (MCRSA)—in 2015. MCRSA consisted of a package of legislation: AB 243 (Wood); AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, and Wood); and SB 643 (McGuire). MCRSA established, for the first time, a comprehensive statewide licensing and regulatory framework for the cultivation, manufacture, transportation, testing, distribution, and sale of medicinal cannabis to be administered by a newly established Bureau of Cannabis Control (BCC) within the Department of Consumer Affairs, the California Department of Public Health (CDPH), and the California Department of Food and Agriculture (CDFA), with implementation relying on each agency’s area of expertise.
While entrusting state agencies to promulgate extensive regulations governing the implementation of the state’s cannabis laws, MCRSA fully preserved local control. Under MCRSA, local governments could establish their own ordinances to regulate medicinal cannabis activity. Local jurisdictions could also choose to ban cannabis establishments altogether.
Proposition 64 and MAUCRSA. Not long after the Legislature enacted MCRSA, California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA). The passage of the AUMA legalized cannabis for non-medicinal adult use in a private home or licensed business; allowed adults 21 and over to possess and give away up to approximately one ounce of cannabis and up to eight grams of concentrate; and permitted the personal cultivation of up to six plants.
In the spring of 2017, SB 94 (Committee on Budget and Fiscal Review), Chapter 27, Statutes of 2017, was passed to reconcile the distinct systems for the regulation, licensing, and enforcement of legal cannabis that had been established under the respective authorities of MCRSA and the AUMA. The single consolidated system established by the bill, known as MAUCRSA, created a unified series of cannabis laws. On January 16, 2019, the state’s three cannabis licensing authorities officially announced that the Office of Administrative Law had approved final cannabis regulations promulgated by the three agencies, respectively.
In early 2021, the Department of Finance released trailer bill language to create a new department with centralized authority for cannabis licensing and enforcement activities. The DCC was created by consolidating the three prior licensing authorities’ cannabis programs. Since July 1, 2021, the DCC has been the single entity responsible for administering and enforcing MAUCRSA. The DCC is additionally responsible for licensing and regulating cannabis businesses, including the cultivation, manufacture, testing, transportation, labeling, and sale of cannabis and cannabis products in this state.
Availability of Medicinal Cannabis. As of January 9, 2019, the collective and cooperative model for medical marijuana dispensaries, as authorized under Proposition 215, was formally sunset, and any dispensary that was in place under the Compassionate Use Act was required to obtain a license under MAUCRSA. In the months following that transition date, many expressed concern that the state’s new regulatory framework insufficiently accommodated existing patients who use cannabis for medicinal purposes. Prior to the enactment of SB 1186 (Wiener), Chapter 395, Statutes of 2022, MAUCRSA allowed localities to completely ban cannabis sales within their jurisdictions, so many patients arguably had less access to cannabis than they did under the old Proposition 215 system. However, SB 1186 prohibited local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions, enforceable through an action for writ of mandate.
Regulations Regarding Cannabis Delivery. Statute contains relatively few provisions governing cannabis delivery. MAUCRSA defines delivery and provides that deliveries “may only be made by a licensed retailer or microbusiness, or a licensed nonprofit.” Delivery employees must carry their license and identification and present it upon a request from law enforcement. Further, copies of each delivery request must be kept and made available upon request of both a licensing authority and law enforcement by both licensees and customers.
The majority of requirements relating to cannabis delivery are contained in the DCC’s regulations. Section 5415 requires that all deliveries of cannabis goods be performed by a delivery employee who is directly employed by a licensed retailer and who is at least 21 years old. All deliveries of cannabis goods must be made in person—drone deliveries are prohibited. Regulations provide that the process of delivery begins when the delivery employee leaves the retailer’s licensed premises with the cannabis goods for delivery. Delivery ends when the delivery employee returns to the retailer’s premises after delivering the cannabis goods, or attempting to deliver cannabis goods, to the customer. Regulations prohibit delivery employees from engaging in any other activities except for necessary rest, fuel, or vehicle repair stops.
Delivery employees must carry a copy of the retailer’s current license, the employee’s government-issued identification, and an identification badge provided by the employer. Prior to providing cannabis goods to a delivery customer, a delivery employee is required to confirm the identity and age of the delivery customer and ensure that all cannabis goods sold comply with packaging requirements. Each licensed retailer is required to maintain an accurate list of the retailer’s delivery employees and provide the list to the DCC upon request.
Regulations expressly allow licensed retailers to contract with a service that provides a technology platform to facilitate the sale and delivery of cannabis goods, such as Eaze. The technology platform cannot deliver cannabis itself or share in the profits of the sale of cannabis goods. The retailer is prohibited from advertising or marketing cannabis goods in conjunction with the technology platform outside the platform’s site or app.
All deliveries must be made to a physical address. Delivery employees may not leave California during a delivery. Cannabis cannot be delivered to a school providing instruction in kindergarten or any grades 1 through 12, a day care center, or a youth center.
In regard to delivery vehicle requirements, deliveries can only take place through an enclosed motor vehicle. The vehicle used in the delivery of cannabis goods must be unmarked and cannot bear any indications on the exterior of the vehicle that the delivery employee is carrying cannabis goods for delivery. Only the licensee or an employee of the retailer licensee for whom delivery is being performed may be in the delivery vehicle.
While carrying cannabis goods for delivery, a licensed retailer’s delivery employee must ensure the cannabis goods are not visible to the public. Cannabis goods must be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle, which may include the trunk. No portion of the enclosed box, container, or cage shall be comprised of any part of the body of the vehicle or trailer. Motor vehicles must be left locked and equipped with an active vehicle alarm system. Further, a vehicle used for the delivery of cannabis goods shall be outfitted with a dedicated GPS device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the employee while engaged in delivery.
The maximum value of cannabis goods that a delivery employee is allowed to carry at any time is $10,000. A delivery employee may only carry cannabis goods in the delivery vehicle and may only perform deliveries for one licensed cannabis retailer at a time. A delivery employee must depart and return to the same licensed premises before taking possession of any cannabis goods from another licensee to perform additional deliveries. A licensed retailer’s delivery employee may not leave the licensed premises with cannabis goods without at least one delivery order that has already been received and processed by the licensed retailer. Prior to leaving, the delivery driver must have a delivery inventory ledger of all cannabis goods they have been provided, and the driver must maintain a log that includes all stops made during the delivery. This log must be provided to the DCC or law enforcement upon request.
If a licensed retailer’s delivery driver does not have any delivery requests to be performed for a 30-minute period, the licensed retailer’s delivery driver may not make any additional deliveries and must return to the licensed premises. This does not include required meal breaks. Upon returning to the licensed premises, all undelivered cannabis goods must be returned to inventory, and all necessary inventory and the CCTT system records must be updated that day.
Need for this bill. Proponents of this bill assert that there is a small population of patients in California who require specific medicinal products that are not stocked by retailers because they are sought by only a handful of people and are perishable. This bill is intended to create flexibility for medical patients and caregivers for whom it is a hardship to travel to purchase medicinal cannabis products. Recent amendments narrow the scope of the bill by prohibiting the shipment of medicinal cannabis goods to patients who live within 60 miles of a cannabis retailer or delivery option. It is unclear how many patients stand to benefit from this bill.
Commercial Carriers. Existing law requires cannabis to be transported by DCC-licensed distributors. Type-11 distributors may transport 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 distributors provide transport only. Distributors must ensure that a licensed testing laboratory tests all batches of cannabis goods before they are sold, and must additionally conduct a quality assurance review. Moreover, distributors must use a wholesale manifest transfer to record the retailer’s wholesale cost of each package in the transfer in the CCTT system. This bill would instead allow cannabis to be directly shipped by a commercial carrier (e.g., DHL). Although commercial carriers do not have access to the CCTT system, the proponents of this bill purport that the carrier would have a copy of the delivery order and provide proof of delivery to the microbusiness, which would be responsible for preserving such documentation. Moreover, this bill would require medicinal cannabis to be conspicuously labeled with the words: “SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”, and require the licensed microbusiness to require the commercial carrier to obtain the signature of an individual at least 21 years old.
Prior Related Legislation. SB 1186 (Wiener), Chapter 395, Statutes of 2022, prohibited local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions, enforceable by an action for writ of mandate.
SB 34 (Wiener), Chapter 837, Statutes of 2019, allowed cannabis licensees to donate medicinal cannabis under certain conditions and, until January 1, 2025, exempted cannabis designated for donation from cultivation, use, and excise taxes.
SB 829 (Wiener) of 2018 would have allowed specified cannabis licensee holders to donate medicinal cannabis and medicinal cannabis products to qualified patients, and allowed such donations to be exempt from cultivation, use, and excise taxes. That bill was vetoed.
ARGUMENTS IN SUPPORT:
As the sponsor of this bill, the Society for Cannabis Physicians writes in support:
This bill is a crucial step toward ensuring that patients with severe and complex medical conditions can access the medicine they need. Since the implementation of Proposition 64 in 2018, the availability of medical cannabis products has declined significantly due to regulatory burdens, high taxation, and the prioritization of adult-use products over medicinal formulations. As a result, many patients—particularly those with intractable epilepsy, advanced cancers, multiple sclerosis, and neurodegenerative disorders—are struggling to obtain effective treatment. California’s vast geography further exacerbates this issue, as many seriously ill patients live in areas where medical cannabis products are not available locally. Current regulations make it difficult, if not impossible, for these patients to travel long distances to dispensaries that carry the specialized products they need. [This bill] provides a narrow, well-regulated solution that allows for direct shipment of medicinal cannabis only to approved patients under medical supervision, ensuring that they receive safe and effective treatment without unnecessary hardship.
POLICY ISSUES:
Incongruent Standards. Under current law, cannabis licensees authorized to transport cannabis products must follow myriad requirements related to vehicle security, delivery and inventory tracking, documentation during transport, and more. For example, distributors—the most comparable cannabis business type to the commercial carriers authorized in the bill—are required according to DCC regulations to utilize vehicles that have a “secured area”, defined as either a windowless, locked area that cannot be accessed from inside the vehicle, or as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. No product can be transported via aircraft, watercraft, drone, or rail vehicle. All vehicles must be outfitted with an alarm system and a GPS device with real-time tracking capabilities.
Beyond vehicle requirements, cannabis licensees that transport products must adhere to predetermined transportation routes and cannot deviate from their route except for specified circumstances. Regulations require that all persons transporting cannabis commercially must be 21 years of age or older, and delivery drivers must confirm the identity and age of the customer. Additionally, non-cannabis products cannot be transported alongside cannabis products unless they are cannabis accessories or the branded merchandise (i.e., promotional t-shirts, stickers) of a cannabis licensee.
This bill would depart from existing standards for licensees by allowing cannabis to be shipped to select customers via commercial carriers. While such businesses must adhere to federal and state laws applicable to commercial carriers (e.g., the Federal Motor Carrier Safety Regulations), it is unclear whether such regulations meet the minimum safety standards for licensed cannabis activity in California.
Enforcement. Current law authorizes cannabis to be transported between licensees via a licensed distributor or delivered to a customer by a retailer’s employee, subject to specific requirements and conditions. The shipment of cannabis from a licensed microbusiness to a customer by a commercial carrier sets a new precedent in statute. Considering the DCC has no regulatory authority over commercial carriers, it is unclear to what extent, if at all, shipment by commercial carriers may result in increased diversion to the illicit market.
IMPLEMENTATION ISSUES:
Inconsistent definitions. The definition of “medicinal cannabis patient” in section four of the bill differs from the definition of that term in existing law. The author may wish to revise the definition in section four of the bill for consistency with existing law.
REGISTERED SUPPORT:
Big Sur Farmers Association
California Norml
California Teamsters Public Affairs Council
Hessel Farmers Grange
Humboldt County Growers Alliance
Kiva Confections
Mendocino Cannabis Alliance
Origins Council
Society of Cannabis Clinicians (Sponsor)
Trinity County Agriculture Alliance
United Food & Commercial Workers Union
One individual
REGISTERED OPPOSITION:
There is no opposition on file.
Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301, Robert Sumner / B. & P. / (916) 319-3301
Discussed in Hearing
50SEC
Assembly Floor
2MIN
Senate Floor
15MIN
Senate Standing Committee on Local Government
3MIN
Senate Standing Committee on Business, Professions and Economic Development
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
10MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):