On January 16, 2019, California’s three state cannabis licensing authorities announced that the Office of Administrative Law (OAL) officially approved state regulations for cannabis businesses across the supply chain. Please note, these new cannabis regulations listed below take effect immediately, meaning the previous emergency regulations are no longer in effect.
Section 40100. Definitions.
“Cannabis waste” is means waste that contains cannabis or cannabis products but is not otherwise a hazardous waste as defined in Public Resources Code section 40141.
Section 40105. Premises Diagram
(B-4) Cannabis waste disposal areas.
Section 40131. Annual License Application Requirements – Manufacturing Premises and Operations Information.
(5) A description of the cannabis waste management procedures sufficient to demonstrate how the applicant will comply with the requirements of Section 40290, or a copy of the standard operating procedure (SOP) addressing cannabis waste management.
Section 40194. Shared-Use Facility Conditions for Operation.
(e) Any cannabis product or other materials remaining after a Type S licensee ceases operation and discontinues use of its designated area shall be considered cannabis waste and disposed of by the primary licensee consistent with the requirements of the Act and regulations.
Section 40240. Grounds, Building, and Manufacturing Premises.
(F) Waste disposal. The premises shall provide waste disposal in accordance with Health and Safety Code sections 114244(a), 114244(c), and 114245.1. Cannabis waste shall be disposed of in accordance with Section 40290 of these regulations.
Section 40275. Standard Operating Procedures.
(7) Cannabis waste management procedures in compliance with Section 40290.
40290. Waste Management.
(a) A licensee shall have a written cannabis waste management plan and shall dispose of all waste, including cannabis waste, in accordance with the Public Resources Code and any other applicable state and local laws, including laws regulating “organic waste” as defined in Public Resources Code section 42649.8(c). It is the responsibility of the licensee to properly evaluate waste to determine if it should be designated and handled as a hazardous waste, as defined in section 40141 of the Public Resources Code.
(b) A licensee shall dispose of any cannabis waste in a secured waste receptacle or secured area on the licensed premises. For the purposes of this section, “secured waste receptacle” or “secured area” means that physical access to the receptacle or area is restricted to the licensee, employees of the licensee, the local agency, waste hauler franchised or contracted by the local agency, or private waste hauler permitted by the local agency only. Public access to the designated receptacle or area shall be prohibited.
(c) No cannabis product shall be disposed of in its packaging, and all cannabis waste shall be unrecognizable and unusable as cannabis or a cannabis product at the time of disposal. Nothing in this subsection shall be construed to require waste vape cartridges to be emptied of cannabis oil prior to disposal, provided that the vape cartridge is itself unrecognizable and unusable at the time of disposal.
(d) Cannabis waste shall be entered into the track-and-trace system as required under Section 40512.
(e) Cannabis waste may be collected from a licensee in conjunction with a regular organic waste collection route used by the local agency, a waste hauler franchised or contracted by the local agency, or a private waste hauler permitted by the local agency. If a local agency, a waste hauler franchised or contracted by the local agency, or a private waste hauler permitted by the local agency is being used to collect and process cannabis waste, a licensee shall do all of the following:
- Maintain and make available to the Department upon request the business name, address, contact person, and contact phone number of the entity hauling the waste; and
- Obtain documentation from the entity hauling the waste that evidences subscription to a waste collection service.
(f) If a licensee is self-hauling cannabis waste as allowed by the local jurisdiction the licensee shall be subject to all of the following requirements:
- Self-hauled cannabis waste shall only be transported by the licensee or its employees;
- Self-hauled cannabis waste shall only be transported to one or more of the following:
(A) A manned fully permitted solid waste landfill or transformation facility;
(B) A manned fully permitted composting facility or manned composting operation;
(C) A manned fully permitted in-vessel digestion facility or manned in-vessel digestion operation; or
(D) A manned fully permitted transfer/processing facility or manned transfer/processing operation.
- The licensee or its employee who transports the waste shall obtain for each delivery of cannabis waste a copy of a certified weight ticket or receipt from the solid waste facility.