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Rulemaking

Rulemaking

Regulations are state laws with specific rules for how businesses and others must operate.  Regulations are created and changed through a process called rulemaking. Changes must be approved by the Office of Administrative Law (OAL).

The Department of Cannabis Control (DCC) is taking steps to simplify the cannabis regulations.  View DCC’s proposed and completed rulemaking below.

Pending actions

Cultivation License Changes Pursuant to BPC Section 26061.5

Type:   Regular rulemaking

Status: Public notice provided November 1, 2024. Public comments currently being accepted through December 17, 2024.

Summary:  The Department of Cannabis Control (DCC) is providing notice to the public of its intent to permanently adopt its emergency regulations implementing Senate Bill 833, codified in Business and Professions Code (BPC) section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes such as changing the type of size of a cultivation license, placing a cultivation license in inactive status, or making a one-time change to a cultivation license’s date of renewal.

Rulemaking from other departments

Hemp products: Emergency regulations (California Department of Public Health)

Type: Emergency rulemaking

Status: Effective September 23, 2024

Department: California Department of Public Health (CDPH)

CDPH has implemented emergency regulations that explicitly prohibit the manufacture, warehousing, distribution, offer, advertising, marketing, or sale of industrial hemp final form food products intended for human consumption (including food, beverages, and dietary supplements) that contain any detectable levels of total THC or other intoxicating cannabinoids.

Cannabis and hemp are currently regulated in separate supply chains and DCC licensees are not authorized to engage in hemp activities on their licensed cannabis premises. Therefore, these regulations do not directly impact licensed cannabis operators engaged in licensed commercial cannabis activity.

Recently approved regulatory actions

Cultivation License Changes: Emergency Readopt Rulemaking

Type:  Emergency rulemaking

Status: Approved and filed with Secretary of State on September 3, 2024. Effective September 9, 2024.

The Office of Administrative Law (OAL) has approved the Department of Cannabis Control’s (DCC) readoption of emergency regulations implementing Senate Bill 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes.

Section 100 action for labor peace amendments

Type: Change without Regulatory Effect pursuant to 1 CCR §100

Status: Approved and filed with the Secretary of State on July 11, 2024. Effective July 11, 2024.

Summary: The Office of Administrative Law has approved the Department of Cannabis Control’s non-substantive amendments to align existing regulations regarding labor peace agreements with recently amended provisions of Business and Professions Code section 26051.5 that became operative on July 1, 2024.

Cultivation License Changes: Emergency Rulemaking

Type:  Emergency rulemaking 

Status: Approved and filed with Secretary of State on March 11, 2024. Effective March 11, 2024.

Summary: The Office of Administrative Law (OAL) has approved the Department of Cannabis Control’s (DCC) emergency regulations implementing Senate Bill 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes, including: change the type of size of a cultivation license; place a cultivation license in inactive status; or make a one-time change to a cultivation license’s date of renewal.


Cannabis Licensee Bond Form

Type: File and print

Status:  Approved and filed with Secretary of State on December 7, 2023. Effective December 7, 2023.

Summary: The Department of Justice filed on behalf of the Department of Cannabis Control’s (DCC) an action to adopt a revised version of the cannabis licensee bond form. The revised form replaces the version used by the three legacy cannabis agencies. Revisions to the form replaced reference to any of the former three licensing authorities with “Department of Cannabis Control”. OAL approved and filed the revised form with the Secretary of State on December 7, 2023, making it effective the same day.  


Track and Trace Requirements for Delivery of Cannabis Goods 

Type: Regular rulemaking  

Status:  Approved and filed with Secretary of State on November 17, 2023. Effective November 17, 2023.

Summary: The Office of Administrative Law (OAL) has approved the Department of Cannabis Control’s (DCC) regulatory action to permanently adopt the current emergency regulations, with changes, implementing Assembly Bill 195 which requires that information relating to cannabis goods leaving a licensed retail premises in a delivery vehicle be recorded in the statewide track and trace system. OAL filed the approved regulations with the Secretary of State on November 17, 2023, making them effective the same day.


Standard cannabinoids test method and standardized operating procedures

Type: Regular rulemaking 

Status:  Approved and filed with Secretary of State July 28, 2023. Effective October 1, 2023.

The Office of Administrative Law (OAL) has approved the Department of Cannabis Control’s (DCC) regulations implementing Business and Professions Code section 26100(f)(2) pertaining to the establishment of a standard cannabinoids test method, including standardized operating procedures, that shall be utilized by all licensed testing laboratories in California. OAL filed the approved regulations with the Secretary of State on July 28, 2023. These regulations will become effective on October 1, 2023 and compliance will be required starting January 1, 2024

Through these adopted regulations, the DCC aims to ensure all licensed laboratories are using the same standardized cannabinoid test method which will ensure consumers receive accurate and consistent information regarding the cannabinoid content of the cannabis and cannabis product they use or consume. 

Track and trace requirements for delivery of cannabis goods: emergency readopt rulemaking

Type: Emergency rulemaking  

Status:   Approved and filed with Secretary of State June 26, 2023. Effective June 26, 2023.

Summary: The Department of Cannabis Control (DCC) has readopted its emergency regulations implementing Assembly Bill 195, which requires that information relating to cannabis goods leaving a licensed retail premises in a delivery vehicle be recorded in the statewide track and trace system. This readoption allows the emergency regulations to remain in place while the DCC continues the process to permanently adopt regulations through the regular rulemaking action. 


Regulations issued by the former cannabis programs

Email regulations@cannabis.ca.gov for copies of previous rulemaking files.

How regulations are made

Regulations are made through a process called rulemaking. It gives the public the opportunity to take part in the creation of regulations proposed by California state agencies. Learn more about the rulemaking process.