New Regulations for California’s Medical Marijuana Industry – Part 2

This is part of a series of posts on changes to the California Medical Marijuana industry. In part one, we discussed the history of medical marijuana regulations in the state of California and introduction to the California Medical Marijuana and Safety Act (“MMRSA”).
On this blog, we previously discussed the outlines and background of California’s new Medical Marijuana regulations. As we mentioned, one major component of those regulations was to create seventeen (17!) new licenses covering all aspects of the commercial Medical Marijuana business – cultivation, testing, dispensaries, manufacture, distribution, and transportation.
Below, please find a listing of each license type as well as the responsible agency for overseeing and issuing  we will outline the specifics of each license and who it will be overseen and issued by.

Cultivation

The oversight agency for cultivation is the Department of Food and Agriculture. This includes the following license types:

  • Type 1: Outdoor cultivation under 5,000 square feet.
  • Type 1A: Indoor cultivation under 5,000 square feet.
  • Type 1B: Mixed-light cultivation under 5,000 square feet.
  • Type 2: Outdoor cultivation between 5,001 and 10,000 square feet.
  • Type 2A: Indoor cultivation between 5,001 and 10,000 square feet.
  • Type 2B: Mixed-light cultivation between 5,001 and 10,000 square feet.
  • Type 3: Outdoor cultivation between 5,001 and 10,000 square feet.
  • Type 3A: Indoor cultivation between 5,001 and 10,000 square feet.
  • Type 3B: Mixed-light cultivation between 5,001 and 10,000 square feet.
  • Type 4: Nursery. May also transport live plants.

Testing

The oversight agency for testing is the Department of Public Health. This includes the following license types:

  • Type 8: Independent Testing Facility to test for concentration, pesticides, etc. Must also be accredited by a third-party accrediting body.

Dispensaries

The oversight agency for dispensaries is the new Bureau of Medical Marijuana Regulation. This includes the following license types:

  • Type 10: Single location dispensary license.
  • Type 10A: Dispensary location for up to three locations.

Manufacture

The oversight agency for manufacturing is again the Department of Public Health. And this would include the following license types:
 

  • Type 6: Processing marijuana not using a volatile solvent.
  • Type 7: Processing marijuana using a volatile solvent.

Distribution

The oversight agency for distribution is the Department of Consumer Affairs. This would include the following license types:

  • Type 11: Must be independent of any marijuana business and must also hold a Type 12 license.

Transportation

The oversight agency for transportation is the Bureau of Medical Marijuana Regulation. And this would include the following license types:

  • Only individuals who can transport marijuana between other licensee’s establishments – with the exception of a Type 4 Cultivation licensee who can transport live plants but not processed marijuana.

Everyone who can’t wait to get their applications in will have to hold on just a while longer. The state does not anticipate beginning to issue licenses until at least early 2017.