Laws & Regulations

CDFA Releases the Modified Proposed Regulations for the Cannabis Appellations Program

On March 5, 2021, the California Department of Food and Agriculture (CDFA) released modifications to the proposed regulations for the appellations of origin for cannabis. The release of these modified proposed regulations marks the official start of a public comment period provided under California law. All interested parties are encouraged to provide comments about the current modifications of the proposed regulations by 11:59pm on March 26, 2021.

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.

On February 20, 2020, the 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. On October 2, 2020, CDFA announced modifications to the proposed appellations regulations, marking the official start of an additional public comment period provided under California Law. All interested parties were encouraged to provide comments about the proposed regulations by October 19, 2020.

Cannabis Appellations Program Regulatory Materials

Current Comment Period Materials

Second 15-day Comment Period Documents

Notice of Modifications to the Text of the Proposed Regulations
Second Addendum to the Initial Statement of Reasons
Modified Text of the Proposed Regulations

Previous Comment Period Materials

Initial Notice Documents (45-day Comment Period)

First 15-day Comment Period Documents

Notice of Modifications to the Text of the Proposed Regulations
Addendum to the Initial Statement of Reasons
Modified Text of the Proposed Regulations

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.

Text of the Adopted CDFA Regulations

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.

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 held from August 31, 2020, to September 15, 2020. The proposed regulations were modified again, which prompted a second 15-day comment period that was held from November 9, 2020, to November 24, 2020. 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

First 15-day Comment Period Documents

Second 15-Day Comment Period Documents

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.

Archived Regulation Activities

Proposals to Adopt, Amend, or Repeal Certain Regulations

Final Regulation Text – Clean Final Regulation Text – Underline/Strikeout Proposed Permanent Regulations (Amended) Proposed Permanent Regulations Emergency California Cannabis Cultivation Licensing Regulations (Readopt) OAL Notice of Filing and Printing – Commercial Cannabis Licensee Bond form Emergency California Cannabis Cultivation Licensing Regulations Finding of Emergency Notice of Decision Not to Proceed Proposed Medical Regulations