Laws & Regulations
CDFA Releases the Proposed Regulations for Certification of Cannabis Comparable to the National Organic Program
On April 30, 2020, the California Department of Food and Agriculture (CDFA) released the proposed regulations for the OCal Program, a statewide certification program that will establish and enforce comparable-to-organic cannabis standards. The release of these regulations marked the official start of the public comment period provided under California law. All interested parties are encouraged to submit comments about the proposed cannabis regulations by Tuesday, July 7, 2020.
The OCal Program will ensure that cannabis products bearing the OCal seal have been certified to consistent, uniform standards comparable to the National Organic Program.
Per Business and Professions Code Section 26062(a)(1), CDFA is required to establish a certification program for cannabis that is comparable to the National Organic Program and the California Organic Food and Farming Act by January 1, 2021. CDFA proposes adoption of Chapter 3, within Title 3 of the California Code of Regulations, to establish the OCal Program for cannabis.
Comments on the proposed regulations may be submitted until July 7, 2020, via email to CDFA.CalCannabis_OCal@cdfa.ca.gov or by mail to:
California Department of Food and Agriculture
Attention: Kristi Armstrong
CalCannabis Cultivation Licensing Division
Proposed OCal Regulations
P.O. Box 942871
Sacramento, CA 94271
The proposed cannabis regulations and additional information are posted on the CalCannabis Cultivation Licensing Division’s OCal Program web page. For tips on how to make effective comments about the proposed OCal regulations, please see How to Submit Your Comments.
- Notice of Proposed Rulemaking
- Text of the Proposed Regulations
- Initial Statement of Reasons (ISOR)
- ISOR Documents Relied Upon:
- Minutes of July 24, 2019, Working Group
- National Organic Program Regulations, Code of Federal Regulations, Title 7 – Agriculture
- "Soil Organic Matter and Available Water Capacity," Journal of Soil and Water Conservation
- "Increasing Cropping System Diversity Balance Productivity, Profitability, and Environmental Health," PLOS ONE?
- National Organic Program Handbook: Guidance and Instructions for Accredited Certifying Agents and Certified Operations
- Key National Organic Program (NOP) documents
CDFA Releases the Proposed Regulations for the Cannabis Appellations Program
On February 20, 2020, the California Department of Food and Agriculture (CDFA) released the proposed regulations for the appellations of origin for cannabis. The release of these regulations marked the official start of a public comment period provided under California law. All interested parties were encouraged to submit comments about the proposed regulations by May 6, 2020. The public comment period for the proposed regulations for cannabis appellations has now closed.
An appellation of origin is a protected designation that identifies the geographical origin of a product and how that product was produced. CDFA’s Cannabis Appellations Program will promote regional cannabis products and local businesses, prevent the misrepresentation of a cannabis product’s origin, and support consumer confidence about a cannabis product’s origin and characteristics.
Per Business and Professions Code Section 26063(b), CDFA is required to develop the process by which state-licensed cannabis cultivators may establish appellations of origin by January 1, 2021. CDFA proposes amendments to Chapter 1, and adoption of Chapter 2, within Title 3 of the California Code of Regulations, to develop the process for establishing cannabis appellations of origin and provide additional clarification on the use of county of origin.
Regulatory Materials for Cannabis Appellations in California
New State Cannabis Cultivation Regulations Approved by the Office of Administrative Law
On January 16, 2019, the Office of Administrative Law (OAL) approved the California Department of Food and Agriculture’s cannabis cultivation regulations and the regulations went into effect immediately. The previous emergency regulations were adopted by the California Department of Food and Agriculture in December 2017 and readopted in June 2018, and were originally issued through the emergency rulemaking process to meet the legislative mandate to open California's regulated cannabis market on January 1, 2018. The emergency regulations are no longer in effect, now that the new regulations have been approved by OAL.
- Fact Sheet: Highlights of the New California Cannabis Cultivation Regulations
- OAL Notice of Approval and Endorsed Form 400
- Final Regulation Language Effective January 16, 2019
- Final Statement of Reasons and Addendum
Archived Regulation Activities
Proposals to Adopt, Amend, or Repeal Certain Regulations
Alerts and Licensee Information Look Up a Cannabis