Amended IN Assembly April 21, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1332Introduced by Assembly Member AhrensFebruary 21, 2025 An act to amend amend, repeal, and add Sections 26071, 26321, 26322, and 26323 of, and to add and repeal Section 26072 to, of, the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 1332, as amended, Ahrens. Medicinal cannabis: shipments.Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.This bill bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer to certify verification of physician recommendations, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.(c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.(d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.(e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.(f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.(g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.(h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.SECTION 1.SEC. 2. Section 26071 of the Business and Professions Code is amended to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 3. Section 26071 is added to the Business and Professions Code, to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.SEC. 2.SEC. 4. Section 26072 is added to the Business and Professions Code, to read:26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 3.SEC. 5. Section 26321 of the Business and Professions Code is amended to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6. Section 26321 is added to the Business and Professions Code, to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.SEC. 4.SEC. 7. Section 26322 of the Business and Professions Code is amended to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 8. Section 26322 is added to the Business and Professions Code, to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.SEC. 5.SEC. 9. Section 26323 of the Business and Professions Code is amended to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 10. Section 26323 is added to the Business and Professions Code, to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly April 21, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1332Introduced by Assembly Member AhrensFebruary 21, 2025 An act to amend amend, repeal, and add Sections 26071, 26321, 26322, and 26323 of, and to add and repeal Section 26072 to, of, the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 1332, as amended, Ahrens. Medicinal cannabis: shipments.Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.This bill bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer to certify verification of physician recommendations, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 21, 2025
Amended IN Assembly April 21, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1332
Introduced by Assembly Member AhrensFebruary 21, 2025
Introduced by Assembly Member Ahrens
February 21, 2025
An act to amend amend, repeal, and add Sections 26071, 26321, 26322, and 26323 of, and to add and repeal Section 26072 to, of, the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1332, as amended, Ahrens. Medicinal cannabis: shipments.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.This bill bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer to certify verification of physician recommendations, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met.
Existing law, the Medicinal Cannabis Patients Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified.
This bill bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits limits, and the package is received and signed for by someone 21 years of age or older. The bill would require a microbusiness shipping directly to a patient to comply with specified laws and regulations governing cannabis retailers for purposes of that shipment. If the medicinal cannabis patient is a qualified patient that possesses a valid physicians recommendation, the bill would require the retailer to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness with an M-license, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided.
To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the retailer to certify verification of physician recommendations, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.(c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.(d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.(e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.(f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.(g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.(h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.SECTION 1.SEC. 2. Section 26071 of the Business and Professions Code is amended to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 3. Section 26071 is added to the Business and Professions Code, to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.SEC. 2.SEC. 4. Section 26072 is added to the Business and Professions Code, to read:26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 3.SEC. 5. Section 26321 of the Business and Professions Code is amended to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6. Section 26321 is added to the Business and Professions Code, to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.SEC. 4.SEC. 7. Section 26322 of the Business and Professions Code is amended to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 8. Section 26322 is added to the Business and Professions Code, to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.SEC. 5.SEC. 9. Section 26323 of the Business and Professions Code is amended to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 10. Section 26323 is added to the Business and Professions Code, to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.(c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.(d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.(e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.(f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.(g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.(h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SECTION 1. The Legislature finds and declares all of the following:(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.(c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.(d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.(e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.(f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.(g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.(h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
(c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients.
(d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby.
(e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia.
(f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges.
(g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area.
(h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services.
SECTION 1.SEC. 2. Section 26071 of the Business and Professions Code is amended to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SECTION 1.SEC. 2. Section 26071 of the Business and Professions Code is amended to read:
### SECTION 1.SEC. 2.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
###### 26071.
(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division.
(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are solely authorized to engage in retail sales of medicinal cannabis by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment.
(d) For purposes of this section, shipment means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3. Section 26071 is added to the Business and Professions Code, to read:26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.
SEC. 3. Section 26071 is added to the Business and Professions Code, to read:
### SEC. 3.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.(d) This section shall become operative on January 1, 2029.
26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met:
###### 26071.
(1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patients primary caregiver. For purposes of this section, medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code.
(B) In order to verify the physicians recommendation, the licensed retailer shall do all of the following:
(i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(ii) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or donation under this division.
(4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code.
(5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer.
(6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(7) The event shall be properly recorded in the retailers inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years.
(8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code.
(b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailers premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery.
(d) This section shall become operative on January 1, 2029.
SEC. 2.SEC. 4. Section 26072 is added to the Business and Professions Code, to read:26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2.SEC. 4. Section 26072 is added to the Business and Professions Code, to read:
### SEC. 2.SEC. 4.
26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.(1)(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.(4) (A) The medicinal cannabis shipment shall not include any of the following:(i) Vape pens or cartridges.(ii) Battery or electronically powered devices.(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.(v) Infused cannabis beverages.(vi) Infused products, such as added flavors or terpenes.(vii) Flower cultivated indoors.(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.(3)(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.(4)(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.(5)(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(6)(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years. (10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification. (c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.(b)(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.(c)(e) For purposes of this section, medicinal the following definitions shall apply:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26072. (a) Notwithstanding any other provision of this division to the contrary, a licensed microbusiness with an M-license whose licensed activities include retail sale, distribution, and outdoor cultivation may directly ship medicinal cannabis to a medicinal cannabis patient in the state, if the licensed microbusiness complies with all of the following requirements:
###### 26072.
(1) The medicinal cannabis or medicinal cannabis products shall be shipped by a commercial carrier that only utilizes the commercial carriers own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2) The medicinal cannabis is only shipped to a medicinal cannabis patient who cannot access or utilize a cannabis retailer or delivery within 60 miles of the patients location.
(1)
(3) The amount shipped to a medicinal cannabis patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code.
(2)The licensed microbusiness shall maintain adequate records of the shipments, shall properly enter all transactions related to the shipments into the track and trace system, and shall otherwise comply with all recordkeeping and track and trace requirements under this division.
(4) (A) The medicinal cannabis shipment shall not include any of the following:
(i) Vape pens or cartridges.
(ii) Battery or electronically powered devices.
(iii) Inhalable concentrates, including, but not limited to, resin or distillate inhalable concentrates.
(iv) Cookies, gummies, or edibles, except naturally infused food-oil tinctures.
(v) Infused cannabis beverages.
(vi) Infused products, such as added flavors or terpenes.
(vii) Flower cultivated indoors.
(B) Notwithstanding subparagraph (A), the medicinal cannabis shipment may include any of the following:
(i) Food-oil infusion tinctures, including, but not limited to, olive oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(ii) Topicals, salves, or balms made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(iii) Suppositories made using food-oil infusion tinctures, but shall not include distillate or volatile solvent tinctures.
(iv) Full-spectrum cannabis oil, including Rick Simpson Oil.
(v) Flower cultivated outdoors that is not infused with flavors, terpenes, or hash.
(3)
(5) Payment for medicinal cannabis shipped pursuant to this section shall be obtained by the licensed microbusiness from the medicinal cannabis patient prior to shipment. The retail transaction shall be deemed to occur at the time and location that the payment is received and title to the shipped medicinal cannabis shall be deemed transferred to the medical cannabis patient at the time the shipment is conveyed from the microbusiness to the commercial carrier.
(4)
(6) The licensed microbusiness shall require the commercial carrier to obtain the signature of an individual 21 years of age or older before providing any medicinal cannabis shipped pursuant to this section to an individual in this state.
(5)
(7) The containers in which the medicinal cannabis is shipped shall be conspicuously labeled with the words: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.
(6)
(8) The microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis is sourced entirely from cannabis cultivated only at the microbusinesss licensed location or from up to five licensed outdoor cultivation sites holding outdoor license types small, medium, specialty, or specialty cottage, and all shipped manufactured medicinal cannabis products are manufactured solely by the licensed microbusiness at its licensed location.
(9) The shipment shall be properly recorded in the retailers inventory records and the track and trace system. The microbusiness shall include in its inventory records for the medicinal cannabis patient the number of the identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physicians recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, who possesses a valid physicians recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to subdivision (b) and shall keep a copy of that certification for no less than seven years.
(10) The microbusiness shall comply with all applicable laws and regulations governing cannabis retailers for purposes of that shipment, including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The microbusiness shall properly enter all transactions related to shipments into the track and trace system as required under this division.
(b) A licensed microbusiness providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physicians recommendation, shall ensure that the physician is in good standing and verify the physicians recommendation by doing both of the following:
(1) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state.
(2) Keep a copy of the patients or primary caregivers drivers license or other government issued identification.
(c) The microbusiness shall act as the retailer for all cannabis products shipped and shall be responsible for any taxes applicable to retailers under existing laws and regulations.
(b)
(d) Notwithstanding any other law, a commercial carrier shall not be in violation of any California law or local ordinance solely on the basis of conveying medicinal cannabis shipped pursuant to this section, and such conveyance shall not constitute delivery or transportation of cannabis under this division or any regulation promulgated under the authority of this division.
(c)
(e) For purposes of this section, medicinal the following definitions shall apply:
(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(2) Medicinal cannabis patient includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code.
(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.SEC. 5. Section 26321 of the Business and Professions Code is amended to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 3.SEC. 5. Section 26321 of the Business and Professions Code is amended to read:
### SEC. 3.SEC. 5.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.(2) Medicinal cannabis business means either of the following:(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice.(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
###### 26321.
(b) For purposes of this chapter:
(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (am) of Section 26001.
(2) Medicinal cannabis business means either of the following:
(A) A retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(B) A licensed microbusiness authorized to engage in the retail sale by shipment of medicinal cannabis to medicinal cannabis patients pursuant to an M-license and in compliance with Section 26072.
(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4) Regulation means a local ordinance, regulation, policy, or practice.
(5) Ship, shipment, or shipping means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a commercial carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a commercial carrier shall only utilize the commercial carriers own employees.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 6. Section 26321 is added to the Business and Professions Code, to read:26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.
SEC. 6. Section 26321 is added to the Business and Professions Code, to read:
### SEC. 6.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.(b) For purposes of this chapter:(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.(4) Regulation means a local ordinance, regulation, policy, or practice. (c) This section shall become operative on January 1, 2029.
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients Right of Access Act.
###### 26321.
(b) For purposes of this chapter:
(1) Medicinal cannabis means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) Medicinal cannabis business means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3) Medicinal cannabis patient means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physicians recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4) Regulation means a local ordinance, regulation, policy, or practice.
(c) This section shall become operative on January 1, 2029.
SEC. 4.SEC. 7. Section 26322 of the Business and Professions Code is amended to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 4.SEC. 7. Section 26322 of the Business and Professions Code is amended to read:
### SEC. 4.SEC. 7.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.(3) The operating hours of medicinal cannabis businesses.(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery or shipment within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery or shipment of medicinal cannabis:
###### 26322.
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The number of licensed microbusinesses authorized to ship medicinal cannabis within the local jurisdiction.
(3) The operating hours of medicinal cannabis businesses.
(4) The number or frequency of sales by delivery or shipment of medicinal cannabis.
(5) The types or quantities of medicinal cannabis authorized to be sold by delivery or shipment.
(6) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(7) The establishment of physical premises from which shipment of medicinal cannabis within the jurisdiction is conducted. A local jurisdiction that allowed retail sales of medicinal cannabis as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established, may limit the retail activities of a licensed microbusiness to only shipment of medicinal cannabis and may prohibit that microbusiness from engaging in retail sale by delivery.
(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery or shipment of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery or shipment of medicinal cannabis in the local jurisdiction.
(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8. Section 26322 is added to the Business and Professions Code, to read:26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.
SEC. 8. Section 26322 is added to the Business and Professions Code, to read:
### SEC. 8.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.(2) The operating hours of medicinal cannabis businesses.(3) The number or frequency of sales by delivery of medicinal cannabis.(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.(2) Security or public health and safety requirements.(3) Licensing requirements.(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2029.
26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
###### 26322.
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses.
(3) The number or frequency of sales by delivery of medicinal cannabis.
(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2029.
SEC. 5.SEC. 9. Section 26323 of the Business and Professions Code is amended to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 5.SEC. 9. Section 26323 of the Business and Professions Code is amended to read:
### SEC. 5.SEC. 9.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.(4) The Attorney General.(5) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
###### 26323.
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase or have shipped medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3) A licensed microbusiness that seeks to ship medicinal cannabis within the local jurisdiction.
(4) The Attorney General.
(5) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 10. Section 26323 is added to the Business and Professions Code, to read:26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.
SEC. 10. Section 26323 is added to the Business and Professions Code, to read:
### SEC. 10.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.(3) The Attorney General.(4) Any other party otherwise authorized by law.(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2029.
26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
###### 26323.
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c) This section shall become operative on January 1, 2029.
SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 11.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.