In July 2021, all government cannabis agencies were consolidated into the Department of California Cannabis Control. The Department of Public Health's Manufactured Cannabis Safety Branch dealt with product manufacturers. Cultivators were under the Department of Food and Agriculture's CalCannabis Cultivation Licensing Division. Retailers, distributors and testing labs were regulated by the Bureau of Cannabis Control. īesides being licensed by each local agency, the industry was under three different state regulatory agencies. State legislators argue that the lack of access to legal establishments is one reason the illegal sales continue. Local governments have been critical of the proposal and were joined by a May 2019 editorial in the Los Angeles Times that was critical of this type of legislation. Since there are many communities where no stores have been allowed, state legislators have introduced bills that would force many local jurisdictions to allow some retail establishments especially if a majority in the area voted in favor of legalizing cannabis for recreational purposes. Other products sold illegally that have not been tested include edible products and vaping pens. Authorities warn that the illegal market may contain pesticide or other chemical residues and mold. As of April 2020, about 82% of the cannabis licenses were still provisional. Transitioning from a provisional, temporary license to a permanent license has also been difficult. The legal market includes the cost of mandatory testing. They are concerned about the perceived lack of sufficient enforcement against illegal activities. Due to the continued operation of much illegal activity, heavy taxation is an important issue for licensed operators. The growth of the legal market has been inhibited since the majority of cities and counties have not allowed the retail sale of cannabis. Unlicensed sales were not reduced as fast as many expected. Deliveries by state-licensed firms cannot be prohibited by local jurisdictions as of January 2019 per BCC Regulation 5416. Cities and counties ( unincorporated areas) may license none or only some of these activities. Current state and local regulation Ĭompanies must be licensed by the local agency to grow, test, or sell cannabis within each jurisdiction. Their responsibilities were merged under the Department of Cannabis Control in 2021. Raids and confiscation by law enforcement of illegal retail and grow operations has continued and in some cases stepped up after legalization.Ĭalifornia's main regulatory agencies were initially the Bureau of Cannabis Control (BCC), Department of Food and Agriculture, and Department of Public Health. Illegal growing continues in remote rural areas. Many people do not have nearby retail stores selling cannabis and continue to buy from unlicensed sellers. Reducing illegal activity is considered essential for the success of legal operations who pay the considerable taxes assessed by state and local authorities. Drug Enforcement Administration considers it a Schedule I drug. The export of marijuana to other states remains illegal since the U.S. Many existing growers have been slow to apply for permits as it has been estimated that 60 percent or more of all cannabis consumed in the United States comes from northern California. Local agencies have been slow to approve retail stores selling cannabis for recreational purposes with most cities and counties banning retail with a wait and see approach. Over half of the nonprofit dispensaries legally providing medical marijuana closed. Following recreational legalization, existing growers and suppliers of medical cannabis were required to register, comply with regulations, and apply for permits. Commercial activities can be regulated or prohibited by local governments although deliveries cannot be prohibited. In November 2016, California voters approved the Adult Use of Marijuana Act (Proposition 64) with 57% of the vote, which legalized the recreational use of cannabis.Īs a result of recreational legalization, local governments (city and county) may not prohibit adults from growing, using, or transporting marijuana for personal use. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996 (Proposition 215), which passed with 56% voter approval. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis ( Proposition 19). Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016.
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