We wrote about cannabis edibles regulations under the proposed manufacturing rules issued pursuant to the MCRSA, but clients have been asking about what, if anything, has changed due to passage of Senate Bill 94. Here’s what SB 94, aka “MAUCRSA,” has to say, generally, about edibles:
MAUCRSA mandates edible cannabis products must meet the following requirements:
- Not be designed to appeal to children, or be easily confused with commercially sold candy or foods that do not contain cannabis;
- Produced and sold with a standardized concentration of cannabinoids not to exceed 10 mg of THC per serving;
- Delineated or scored into standardized serving sizes if the cannabis product contains more than one serving;
- Homogenized to ensure uniform disbursement of cannabinoids;
- Manufactured and sold under sanitation standards that comport with California State Department of Health regulations;
- Provided to consumers with sufficient information to enable informed consumption of the product, including the potential effects of the cannabis product and directions for its consumption; and
- Marked with a universal symbol that will be set by the California Department of Health.
But as for the other rules promulgated by the California Department of Health pursuant to the MCRSA? They are no longer applicable, and we will have to wait for another set of proposed rules to drop before we know exactly what the regulations will look like. If you weren’t happy with the first set of rules under the MCRSA, you shouldn’t get your hopes up for big changes as the odds are good that most of these rules will remain the same under MAUCRSA as it is widely expected the California Department of Health will issue a new set of rules very similar to the first. As a refresher, here are some of the cannabis products NOT allowed under the first set of rules that could change, but probably won’t:
- Cannabis-infused alcoholic beverages;
- Cannabis products containing any non-cannabinoid additive that increases potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances, including nicotine and caffeine;
- Cannabis products that must be held below 41 degrees Fahrenheit to be safe for human consumption;
- Vacuum packed cannabis products;
- Canned cannabis products;
- Cannabis-infused juice;
- Perishable bakery products that must be held at temperatures below 41 degrees Fahrenheit, including cream or custard-filled pies, pies or pastries which consist in whole or in part of milk or milk products, eggs, or synthetic fillings, or meat-filled pies or pastries;
- Dairy products of any kind (yes, this appears to include butter);
- Meat products;
- Seafood products.
Also note that the initial set of proposed rules prohibited licensees from manufacturing cannabis products by applying cannabinoid concentrate or extract to commercially available snack candy or food items, also known as “re-manufacturing.” Though MAUCRSA (SB94) does not speak to this issue, the California Department of Health will likely take the same stance as they redraft the next set of proposed rules. Those hoping to secure manufacturing licenses pursuant to the MAUCRSA will need to stay tuned, and pay close attention to the revised rules as they develop.
To help you better understand what MAUCRSA means for your cannabis business, three of our California attorneys will be hosting a free webinar on August 8, 2017 from 12 pm to 1 pm PT. Hilary Bricken from our Los Angeles office will moderate two of our San Francisco-based attorneys (Habib Bentaleb and me) in a discussion on the major changes between the MCRSA and MAUCRSA, including on vertical integration and ownership of multiple licenses, revised distributorship standards, and what California cannabis license applicants can expect more generally from California’s Bureau of Cannabis Control as rule-making continues through the remainder of the year. We will also address questions from the audience both during and at the end of the webinar.
To register for this free webinar, please click here. We look forward to your joining us!