Donations of Cannabis and Cannabis Product

[FONT=&quot]Beginning March 1, 2020, cannabis retailers may provide free cannabis or cannabis products to qualified medicinal patients or their primary caregivers. This change is due to the adoption of Senate Bill 34, which also exempts these donated items from excise, sales and use, and cultivation taxes. Licensed cultivators, manufacturers, distributors, retailers or microbusinesses may designate cannabis or cannabis products that they hold in their inventory for donation. Items designated for donation may only be provided to a medicinal patient or primary caregiver through a licensed retailer.[/FONT]

[FONT=&quot]Key Requirements for Donations: [/FONT]

[FONT=&quot]• Cannabis and cannabis products designated for donation must comply with all requirements outlined in MAUCRSA and the state cannabis regulations. This includes, but is not limited to:[/FONT]

• [FONT=&quot]Donated cannabis and cannabis products must move through the licensed supply chain in the same way as cannabis and cannabis products for sale and meet all applicable requirements for cultivation, manufacturing, distribution, laboratory testing, packaging and labeling, etc.; [/FONT]
• [FONT=&quot]Cannabis and cannabis products that do not pass the required regulatory compliance testing cannot be donated; and [/FONT]
• [FONT=&quot]Only licensees authorized for retail activity, or nonprofits working in conjunction with those licensed retailers, may provide donated product directly to qualified medicinal consumers.[/FONT]

[FONT=&quot]• Licensees designating an item for donation are required to record that designation in Track-and-Trace and on invoices and sales receipts.[/FONT]

[FONT=&quot]• Licensees cannot change the donation designation made by another licensee or after the donated item has been transported to another licensee. Any licensee that changes a donation designation will be liable for sales and use taxes on the items and may be subject to disciplinary action.[/FONT]

[FONT=&quot]• Manufacturers producing cannabis products for donation must include the statement “FOR MEDICINAL USE ONLY” on the label.[/FONT]

[FONT=&quot]Special Requirements for Retailers:[/FONT]

[FONT=&quot]• Donated items may only be provided to medicinal cannabis patients, or primary caregivers, with a valid recommendation or medical marijuana identification card under Section 11362.7 of the Health and Safety Code.[/FONT]

[FONT=&quot]• Before providing free cannabis goods to a medicinal patient that does not possess a valid identification card, a retailer must:[/FONT]

• [FONT=&quot]Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician providing the patient’s medicinal cannabis recommendation has a license in good standing to practice medicine or osteopathy in the state of California; [/FONT]
• [FONT=&quot]Keep a copy of the patient’s or primary caregiver’s driver license or other government issued identification; and [/FONT]
• [FONT=&quot]Prepare a written certification that the retailer verified the physician’s recommendation as required.[/FONT]

[FONT=&quot]• A licensee authorized to engage in retail sales only through delivery may provide free cannabis goods only by delivery.[/FONT]

[FONT=&quot]• A licensee authorized to engage in retail sales on a licensed premises open to the public may contract with an individual or organization to coordinate the provision of free cannabis goods on the licensee’s retail premises. A license may be held responsible for violations of applicable statutory and regulatory requirements by the individual or organization with whom the licensee has contracted pursuant to this subsection. [/FONT]

[FONT=&quot]• The donated cannabis and cannabis products provided to a medicinal cannabis patient or the patient’s primary caregiver shall be applied toward the daily purchase limit for a medicinal cannabis customer contained in section 5409 of the Bureau’s regulations and the possession limits contained in Section 11362.77 of the Health and Safety Code.[/FONT]

[FONT=&quot]Designating Packages for Donation in Track-and-Trace:[/FONT]

[FONT=&quot]All items intended for donation must be marked as such in Track-and-Trace. A bulletin with step-by-step instructions for designating new or existing packages of cannabis, cannabis products, and immature plants and for entering retail donations these items has been posted in the California Cannabis Track-and-Trace system. Licensees can log into their Metrc account and find this bulletin under the Messages tab (appears as an envelope in the top left corner). [/FONT]

[FONT=&quot]For questions about designating donations within the Track-and-Trace system, please contact the Metrc Support Desk: support@metrc.com.[/FONT]




The Bureau of Cannabis Control is the lead agency in regulating commercial cannabis licenses for medical and adult-use cannabis in California. The Bureau is responsible for licensing retailers, distributors, testing laboratories, microbusinesses, and temporary cannabis events. For more information about our agency, please visit the Bureau’s website. To learn more about California’s three cannabis licensing authorities and the other state agencies contributing to cannabis regulatory efforts, please visit California’s Cannabis Portal.
Those looking to get in touch with the Bureau of Cannabis Control may contact us directly through email at bcc@dca.ca.gov.

It's sad that there is so many regulations to even donate. The States need to get out of the way. That said, anyone using pesticides, herbicides and growth hormones need to get the hell out of the cannabis industry. There's no place for Poison for Profit. California should be the industry's biggest leader. Not the industry's biggest violator.

The entire industry needs to take a step back to mom and pop quality organic growers.
Peace

farmerlion said:

It's sad that there is so many regulations to even donate. The States need to get out of the way. That said, anyone using pesticides, herbicides and growth hormones need to get the hell out of the cannabis industry. There's no place for Poison for Profit. California should be the industry's biggest leader. Not the industry's biggest violator.

The entire industry needs to take a step back to mom and pop quality organic growers.
Peace

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So true man. California need to do more better .

Helping people who can't grow due to an illness should be easy and not stringent. I don't thinks there's
laws against a home wine maker for giving a bottle to their friends. Should be the same for Cannabis.

There is way to many people who only grow for the money, I hate to point to certain people but when they bust the Hmong’s up here they have chemicals that have no business in a cannabis garden. I guess it’s buyer beware, spray and cannabis should not be used in the same sentence...

It is good to have a positive sign. I agree with EsterEssence and farmerlion (who I thought is helping write their own legislation in North Dakota) and others with respect to for profit growing and excessive regulation. Only there is a fundamental difference in allowance or tolerance in legal language. There is a signed paper from the State that says it is ok to grow and donate. While some might prefer not to interact with many third parties, a paper that says sure it is ok to grow I cosign this, is better than a notice or regulation which says no growing. Worth repeating how many cultivators do not consume what they grow? That is a clue, if someone is growing a product to sell which they are not a proponent of themselves. The business person at that point looks greedy or half way or two faced not healthy for anyone to have that.

EsterEssence said:

There is way to many people who only grow for the money, I hate to point to certain people but when they bust the Hmong’s up here they have chemicals that have no business in a cannabis garden. I guess it’s buyer beware, spray and cannabis should not be used in the same sentence...

Click to expand...

You just used them together in the same sentence.

I can't open up my own weed maps delivery service now with just a 215?