Bureau of Cannabis Control Updated Proposed Cannabis Regulations
Today we received the Bureau of Cannabis Control Updated Proposed Cannabis Regulations. There will be a 15-day pubic commenting period. Below we’ve broken down the updates related to cannabis waste.
- The Bureau has amended the definition of “cannabis waste” to remove a reference to section 5055. This is necessary because the Bureau has amended the sections regarding waste and has removed section 5055 in whole.
- The Cannabis Waste Management Procedures Form, BCC-LIC-019 (New 7/18) has been removed to no longer require cannabis waste management procedures be submitted to the Bureau.
- Subsection (b)(7)(C) is revised, to clarify and specify that the name of the entity collecting and processing cannabis waste is the entity disposing of cannabis waste, and to reflect the removal of section 5055 of the division.
§ 5054. Destruction of Cannabis Goods Prior to Disposal
The heading of this section is revised from use of the term “Cannabis Products” to “Cannabis Goods”, to more accurately reflect that the section applies to both cannabis and cannabis products as defined under the Business and Professions Code, section 26001. This is necessary to avoid any confusion or ambiguity as to what needs to be destroyed prior to disposal.
- Subsection (a) amends the cross reference from section 5000(e) to 5000(g) to reflect updates and renumbering of that section. This is necessary to assure that readers may accurately reference the definition of cannabis waste.
- Subsection (b) is revised, by removing the old subsection (b), and adding the new provision specifying that licensees must comply with all applicable waste management laws, including those found under Division 30 of the Public Resources, when handling cannabis waste. This is an existing provision under the proposed regulations, however, removed from the now deleted
section 5055, and placed under proposed section 5054, to make clear to licensees the requirement to comply with all applicable laws and regulations relating to waste management, as the proposed regulations have been revised to remove any requirements as to how a licensee disposes of cannabis waste.
- Subsection (c) is added, to require that cannabis goods intended for disposal shall remain on the licensed premises until it has been rendered cannabis waste. This is to clarify and specify that cannabis goods that must be disposed of, due to any specified reason, such as a customer return, or failed batch, must be secured and separated from other cannabis goods on the licensed premises, with access limited to the licensee its employees or agents, until it is destroyed and ready for disposal. This is necessary to ensure that the cannabis goods that are designated for disposal are not diverted into the illicit market, especially at this later stage of seed-to-sale tracking.
- Subsection (d) was formerly subsection (b) and is revised, to clarify and specify how to render cannabis goods into cannabis waste. This subsection is revised to provide additional
clarification, that there is no requirement that vape cartridges be emptied of cannabis oil prior to disposal, provided that the vape cartridge itself is unrecognizable and unusable at the time of
disposal. This is necessary as a precaution against unsafe handling of vape cartridges, or other like products, and to prevent diversion.
- Subsection (e) is added, to clarify and specify that licensees must comply with all hazardous waste laws and regulations, if applicable. This is necessary to ensure that the licensees are
aware that the Bureau’s regulatory provisions on cannabis destruction are not comprehensive of all requirements, and laws and regulations, by which licensees must comply.
- Subsection (f) is added, to clarify and specify that licensees must comply with all organic waste laws and regulations, if applicable. This is necessary to ensure that the licensees are aware that the Bureau’s regulatory provisions on cannabis destruction are not comprehensive of all requirements, and laws and regulations, by which licensees must comply.
- Subsection (g) is added, removed from section 5055, to require a licensee to secure cannabis waste in a receptacle or area, when on the licensed premises. Access to the secured receptacle
or area shall be limited to the licensee, its employees, or an authorized waste hauler. This is necessary to preserve the requirements for securing cannabis waste, under the revised and
removed former section 5055.
- Subsection (h) is added to require that licensees report all cannabis waste activities, up to and including disposal, into the track and trace system. This is necessary to provide clarity to licensees on what activities related to cannabis waste must be entered into the track and trace system.
§ 5055. Cannabis Waste Management
Section 5055, providing the ways in which a licensee may dispose of cannabis waste, such as composting or self-hauling, is removed in its entirety. Such methods are not prohibitive for
licensees, but other laws and regulations on waste management will take precedence, as applicable, and require compliance by licensees. This was necessary, as the section may have been duplicative of existing laws and regulations relating to waste management.
There aren’t many big changes related to cannabis waste but there are small details. Here are some key takeaways:
Subsection (c) – Any cannabis goods intended for disposal must remain on the licensed premises until it has been rendered cannabis waste. This clarifies that your cannabis goods can not be hauled away before it is considered cannabis waste.
Subsection (d) – Vape cartridges are not required to be emptied out prior to disposal. However they still are required to be made unrecognizable and unusable.
Subsection (h) – Requires all licensees report cannabis waste activities, up to and including disposal, into their track and trace system.