1220 N Street, Sacramento, CA 95814Laws & Regulations
The three state cannabis programs were merged to form a single new state department called the Department of Cannabis Control (DCC). DCC now licenses and regulates all commercial cannabis activity in California.
Visit the new cannabis website with expanded resources for cannabis businesses, consumers and the public.
Cannabis Appellations Program
On February 20, 2020, the California Department of Food and Agriculture (CDFA) released the proposed regulations for the appellations of origin for cannabis. The release of these regulations marked the official start of a public comment period provided under California law. All interested parties were encouraged to submit comments about the proposed regulations by May 6, 2020. A virtual cannabis appellations hearing was also held on May 6, 2020, to receive verbal public comments.
CDFA announced modifications to the proposed appellations regulations and the first additional public comment period was from October 2, 2021, to October 19, 2020. The proposed regulations were modified again, which prompted a second 15-day comment period from March 5, 2021, to April 12, 2021. CDFA released additional modifications to the proposed appellations regulations and a third additional public comment period was from June 3, 2021, to June 18, 2021.
The public comment periods are now closed.
An appellation of origin is a protected designation that identifies the geographical origin of a product and how that product was produced. CDFA’s Cannabis Appellations Program will promote regional cannabis goods and local businesses, prevent the misrepresentation of a cannabis good’s origin, and support consumer confidence about a cannabis good’s origin and characteristics.
Per Business and Professions Code Section 26063(b), CDFA is required to develop the process by which state-licensed cannabis cultivators may establish appellations of origin. CDFA proposes amendments to Chapter 1, and adoption of Chapter 2, within Title 3 of the California Code of Regulations, to develop the process for establishing cannabis appellations of origin and provide additional clarification on the use of county of origin, city of origin, or city and county of origin.
The proposed cannabis regulations and additional information are posted below and on CDFA’s CalCannabis Cultivation Licensing Division’s Cannabis Appellations Program web page.
Cannabis Appellations Program Regulatory Materials
- Notice of Proposed Rulemaking
- Text of the Proposed Regulations
- Initial Statement of Reasons (ISOR)
Initial Notice Documents (45-Day Comment Period)
- Notice of Modifications to the Text of the Proposed Regulations
- Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
First Additional Comment Period Documents (15-Day Comment Period)
- Extension Notice of Modifications to the Text of the Proposed Regulations
- Notice of Modifications to the Text of the Proposed Regulations
- Second Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
Second Additional Comment Period Documents (15-Day Comment Period)
- Notice of Modifications to the Text of the Proposed Regulations
- Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
Third Additional Comment Period Documents (15-Day Comment Period)
OCal Program: Proposed Regulations for Certification of Cannabis Comparable to the National Organic Program
On May 1, 2020, the California Department of Food and Agriculture (CDFA) released the proposed regulations for the OCal Program, a statewide certification program that will establish and enforce comparable-to-organic cannabis standards. The release of these regulations marked the official start of a 45-day public comment period provided under California law. All interested parties were encouraged to submit comments about the proposed cannabis regulations by Tuesday, July 7, 2020.
OCal modified the proposed regulations and the first 15-day comment period was from August 31, 2020, to September 15, 2020. The proposed regulations were modified again, which prompted a second 15-day comment period from November 9, 2020, to November 24, 2020. The proposed regulations were again modified, which prompted a third 15-day comment period from May 20, 2021 to June 4, 2021.
The comment periods are now closed.
The OCal Program will ensure that cannabis products bearing the OCal seal have been certified to consistent, uniform standards comparable to the National Organic Program.
Per Business and Professions Code Section 26062(a)(1), CDFA is required to establish a certification program for cannabis that is comparable to the National Organic Program and the California Organic Food and Farming Act by 2021. CDFA proposes the adoption of Chapter 3, within Title 3 of the California Code of Regulations, to establish the OCal Program for cannabis.
The proposed cannabis regulations and additional information are posted below and on CDFA’s CalCannabis Cultivation Licensing Division’s OCal Program web page.
OCal Program Regulatory Material
- Initial Notice Documents (45-Day Comment Period)
- First Additional Comment Period Documents (15-Day Comment Period)
- Second Additional Comment Period Documents (15-Day Comment Period)
- Third Additional Comment Period Documents (15-Day Comment Period)
- Notice of Modifications to the Text of Proposed Regulations
- Addendum III to the Initial Statement of Reasons (ISOR) (explanation of changes to the Text of the Proposed Regulations)
- Supplement II to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
- Documents Incorporated by Reference:
- Food and Drug Administration regulation 21 CFR section 179.26 (version April 1, 2020)
- Modified OCal Guidance Documents:
- OCal 1000 Methods and Materials in OCal Production
- OCal 2006 Separation of Duties in Certification Decisions
- OCal 2602 Recordkeeping for Certified Operations
- OCal 2608 Responding to Noncompliance’s
- OCal 2609 Unannounced Inspections
- OCal 2610 Sampling Procedures for OCal Cannabis Residue Testing
- OCal 2611 Laboratory Selection Criteria for Prohibited Substance Testing
- OCal 2611-1 Prohibited Pesticides for OCal Residue Testing
- OCal 2613 Responding to Results of Pesticide Residue Testing
- OCal 2614 Technical Assistance Instruction
- OCal 2615 OSPs, OSP Updates, and Notification of Changes
- OCal 3012 Material Review
- OCal 5006 Processed Animal Manures in OCal Production
- OCal 5008 Reassessed Inert Ingredients
- OCal 5020 Natural Resources and Biodiversity Conservation
- OCal 5021 Compost and Vermicompost in OCal Production
- OCal 5023 Substances Used in Post-Harvest Handling of OCal Products
- OCal 5025 Commingling & Contamination
- OCal 5026 The Use of Chlorine Materials in OCal Production
- OCal 5029 Seeds and Planting Stock in OCal Cultivation
- OCal 5033 Classification of Unique Materials
- OCal 5033-1 Decision Tree for Classification Materials
- OCal 5034 Materials for OCal Cannabis Production
- OCal 5034-1 List of Materials for Use in OCal Cannabis Production
- OCal 5034-2 List of Materials Prohibited for Use in OCal Cannabis Productions
- OCal 5036 Treated Lumber
State Cannabis Authorities Receive Approval for Regulations to Facilitate Financial Services for Cannabis Businesses
The Office of Administrative Law (OAL) approved the proposed emergency regulations, 2021-0122-01E, to implement processes for cannabis businesses to authorize release of information to financial institutions.
The regulations were filed with the Secretary of State on February 1, 2021, and are now in effect.
The state cannabis licensing authorities have developed two forms to implement these regulations. The same forms are being used by all three state cannabis licensing authorities, streamlining the process for licensees and financial institutions:
- Licensee Authorization for Release of Information Form – This form may be used by licensees to authorize a financial institution to receive information or to withdraw a previously provided authorization.
- Financial Institution Request Form – This form may be used by a financial institution to request licensee information after the licensee has provided authorization.
Completed forms should be sent via email to CalCannabis@cdfa.ca.gov or by mail at the following address:
California Department of Food and Agriculture
CalCannabis Cultivation Licensing
1220 N Street
Sacramento, CA 95814
The adopted regulations are intended to facilitate greater access to financial services for licensed cannabis businesses that face challenges obtaining banking, insurance, and other financial services commonly available to other businesses. By reducing the burden of providing financial services to cannabis businesses, more financial institutions may be willing to provide services, thereby reducing the need to keep cash on hand and improving public safety.
New State Cannabis Cultivation Regulations Approved by the Office of Administrative Law
On January 16, 2019, the Office of Administrative Law (OAL) approved the California Department of Food and Agriculture’s cannabis cultivation regulations and the regulations went into effect immediately. The previous emergency regulations were adopted by the California Department of Food and Agriculture in December 2017 and readopted in June 2018, and were originally issued through the emergency rulemaking process to meet the legislative mandate to open California's regulated cannabis market on January 1, 2018. The emergency regulations are no longer in effect, now that the new regulations have been approved by OAL.
- Fact Sheet: Highlights of the New California Cannabis Cultivation Regulations
- OAL Notice of Approval and Endorsed Form 400
- Final Regulation Language Effective January 16, 2019
- Final Statement of Reasons and Addendum
Archived Regulation Activities
Proposals to Adopt, Amend, or Repeal Certain Regulations
Cultivation License