Assembly BillVetoedBusiness and Professions
AB 1332: Medicinal cannabis: shipments.
What AB 1332 does, verified March 9, 2026
This bill would allow a licensed microbusiness to directly ship medicinal cannabis or medicinal cannabis products to a patient in the state, if they comply with specific requirements. The shipment must be made by a common carrier, the amount of cannabis shipped to a patient in one day cannot exceed specified limits, and the package must be signed for by someone 21 years of age or older. The microbusiness must verify the patient's physician's recommendation in writing and keep a copy for at least 7 years. The bill would also amend existing law to prohibit local jurisdictions from adopting regulations that restrict the retail sale by delivery or shipment of medicinal cannabis to patients or their caregivers by licensed microbusinesses.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
✓Second ChamberComplete
5GovernorCurrent
6ChapteredPending
Last action: Consideration of Governor's veto stricken from file. (2026-01-22)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions33 total · showing 5
| Jan. 22, 2026 | Consideration of Governor's veto stricken from file. |
| Jan. 22, 2026 | Stricken from file. |
| Oct. 11, 2025 | Consideration of Governor's veto pending. |
| Oct. 11, 2025 | Vetoed by Governor. |
| Sep. 23, 2025 | Enrolled and presented to the Governor at 4 p.m. |
Latest bill textEnrolled version, September 15, 2025 · 6,697 words
| Enrolled September 15, 2025 |
| Passed IN Senate September 10, 2025 |
| Passed IN Assembly September 11, 2025 |
| Amended IN Senate August 29, 2025 |
| Amended IN Senate July 17, 2025 |
| Amended IN Senate July 01, 2025 |
| Amended IN Assembly April 21, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1332
| Introduced by Assembly Member Ahrens |
February 21, 2025 |
An act to amend, repeal, and add Sections 26071, 26321, 26322, and 26323 of, and to add and repeal Section 26072 of, the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 1332, 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, until January 1, 2029, would authorize a licensed microbusiness with an M-license, as defined, whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation 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 shipped by a common carrier, as described, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require the shipment to comply with specified laws and regulations governing cannabis and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physician’s recommendation, the bill would require the licensed microbusiness 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 delivery within or shipment into the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, 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 licensed microbusiness 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 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.
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.
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 patient’s 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 physician’s 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 physician’s 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 patient’s or primary caregiver’s driver’s 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 retailer’s 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 physician’s 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 physician’s 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 retailer’s 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 authorized to engage in retail sales of medicinal cannabis solely 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 common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carrier’s 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 patient’s 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 physician’s 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 physician’s 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 patient’s or primary caregiver’s driver’s 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 retailer’s 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 physician’s 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 physician’s 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 retailer’s 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. 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, manufacturing, 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 shall be shipped by a common carrier that only utilizes the common carrier’s own employees for purposes of the shipment of medicinal cannabis or medicinal cannabis products.
(2) 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.
(3) (A) The medicinal cannabis shipment shall not include any of the following:
(i) Vape pens, vape oil, or cartridges.
(ii) Battery or electronically powered devices.
(iii) Inhalable concentrates of any kind, including, but not limited to, resin, distillate, rosin, hash, kief, diamonds, or isolates.
(iv) (I) Edibles of any kind, including, but not limited to, cookies, gummies, or candy.
(II) Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(v) (I) Capsules, tablets, or sublinguals.
(II) Notwithstanding the restriction in subclause (I), tinctures that do not contain any volatile-extracted cannabis ingredients may be shipped.
(vi) Infused cannabis beverages.
(vii) Infused flower or infused prerolls.
(viii) Products containing any volatile extraction cannabis ingredients or ingredients derived from cannabis volatile extractions including, but not limited to, distillate, resin, wax, diamonds, or isolates.
(ix) Products containing any synthetic or chemically converted cannabinoids or terpenes.
(x) Products containing any cannabis ingredient that is not sourced in accordance with paragraph (7).
(xi) Flower cultivated indoors, in mixed-light, or any cultivation type other than outdoor license types outdoor small, medium, specialty, specialty cottage, or outdoor microbusiness cultivation.
(B) Notwithstanding subparagraph (A) or any other provision of the division to the contrary, the medicinal cannabis shipment may include any of the following:
(i) Tinctures that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(ii) Topicals that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(iii) Suppositories that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(iv) Full-spectrum cannabis oil, such as Full Extract Cannabis Oil (FECO) or Rick Simpson Oil (RSO) that are manufactured at the licensed microbusiness manufacturing premises using only nonvolatile, mechanical, or infusion extraction techniques, or containing only cannabis ingredients that were extracted using nonvolatile, mechanical, or infusion extraction techniques that were extracted at the licensed microbusiness manufacturing premises, and all cannabis ingredients sourced in accordance with paragraph (7).
(v) Flower cultivated outdoors in accordance with paragraph (7) that is not infused with flavors, terpenes, hash, kief, or concentrates.
(vi) Cannabis seeds sourced from outdoor cultivation in accordance with paragraph (7).
(4) 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 licensed microbusiness to the common carrier.
(5) The licensed microbusiness shall require the common 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.
(6) 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.”
(7) The licensed microbusiness shall enter into the track and trace system information sufficient to verify that all shipped medicinal cannabis in each calendar year is sourced entirely from cannabis cultivated only at the licensed microbusiness’s licensed premises or from up to five licensed outdoor cultivation premises 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.
(8) The shipment shall be properly recorded in the licensed microbusiness’s inventory records and the track and trace system. The licensed 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 physician’s 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 physician’s recommendation, the licensed microbusiness 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.
(9) The shipment shall comply with all applicable laws and regulations governing cannabis and cannabis products sold by licensed retailers including existing requirements for laboratory testing of all medicinal cannabis products to be shipped and all track and trace requirements for those shipments. The licensed 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 physician’s recommendation, shall ensure that the physician is in good standing and verify the physician’s 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 patient’s or primary caregiver’s driver’s license or other government-issued identification.
(c) The licensed 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.
(d) Notwithstanding any other law, a common 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.
(e) For purposes of this section, the following definitions shall apply:
(1) (A) “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency.
(B) For purposes of this paragraph, “cannabis concentrate” includes, but is not limited to, kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products, including dab, shatter, and wax, and tablets as defined in paragraph (14).
(2) (A) “Edible cannabis product” means a cannabis product intended to be used orally, in whole or in part, for human consumption.
(B) For purposes of this paragraph, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as cannabis concentrate.
(3) “Infusion” means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.
(4) “Infused preroll” means a preroll into which cannabis concentrate, other than kief, or other ingredients have been incorporated.
(5) “Ingredient” means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the finished cannabis product.
(6) “Kief” means the resinous trichomes of cannabis that have been separated from the cannabis plant.
(7) “Mechanical extraction” means a process by which the resinous trichomes of cannabis are separated from the cannabis plant through a mechanical process such as sifting, or water hash separation, or ice water hash separation, without the use of volatile or nonvolatile solvents. Mechanical extraction products may include kief, water hash, or ice water hash.
(8) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in Section 26001.
(9) “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.
(10) “Nonmanufactured cannabis products” means final form items that contain only cannabis, leaf, preroll filter tips, or paper.
(11) (A) “Nonvolatile solvent” means any solvent used in the extraction process that is not a volatile solvent.
(B) “Nonvolatile solvent” includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.
(12) (A) “Orally consumed concentrate” means a cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product.
(B) “Orally consumed concentrate” includes tinctures, capsules, and tablets as defined in paragraph (14).
(13) “Preroll” means any combination of the following rolled in paper:
(A) Flower.
(B) Shake.
(C) Leaf.
(14) “Tablet” means a solid preparation containing a single serving of THC or other cannabinoid that is intended to be swallowed whole, not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole, and does not contain any added natural or artificial flavor or sweetener.
(15) “Terpenes” means terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavor of cannabis.
(16) (A) “Tincture” means a solution of cannabis extract, derived either directly from the cannabis plant or from a manufactured cannabis extract, dissolved in alcohol, glycerin, or vegetable oils.
(B) A tincture shall be no more than two fluid ounces and shall include a calibrated dropper or similar device for measuring a single serving, and may include ingredients other than cannabis extract and alcohol, vegetable oil, or glycerin provided that the primary ingredient by weight is alcohol, vegetable oil, or glycerin.
(C) For purposes of this paragraph, “vegetable” includes botanically classified fruits and vegetables and their seeds.
(17) “Topical cannabis product” means a cannabis product intended to be applied to the skin rather than ingested or inhaled. Except for cannabis, cannabis concentrate, or terpenes, topical cannabis products shall only contain ingredients permitted for cosmetic manufacturing in accordance with Subpart B (Section 700.11 et seq.) of Part 700 of Title 21 of the Code of Federal Regulations (Rev. March 2016), which is hereby incorporated by reference.
(18) (A) “Volatile solvent” means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(B) “Volatile solvents” include, but are not limited to, butane, hexane, and propane.
(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
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 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 physician’s 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,” “shipped,” or “shipping” means the act of shipping medicinal cannabis to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carrier’s 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 physician’s 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. 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 within, or shipment into, 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, or shipment into, 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 into or from 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 shipped.
(6) The licensing of a physical premise from which a licensed microbusiness may ship medicinal cannabis pursuant to Section 26072, provided that the licensed microbusiness was already operating from the same physical premises in the local jurisdiction prior to the enactment of Section 26072.
(7) 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 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 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, or shipment of medicinal cannabis into 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 within or shipment of medicinal cannabis into 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. 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 into 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. 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 XIII B 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 XIII B 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.
Text of AB 1332 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions