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these new cannabis regulations listed below take effect immediately, meaning the previous emergency regulations are no longer in effect.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 8106. Cultivation Plan Requirements
- Designated composting area(s) if the licensee will compost cannabis waste on site;
- Designated secured area(s) for cannabis waste if different from subsection (F) above;
- Designated area(s) that are shared between licenses held by one licensee. The shared area(s) must be contiguous, be indicated on the property diagram for each application, and be one or more of the following designated area(s) shared between licenses held by one licensee: pesticide and other agricultural chemical storage area(s), composting area(s), and secured area(s) for cannabis waste;
- A cannabis waste management plan meeting the requirements of section 8108 of this chapter.
Section 8108. Cannabis Waste Management Plan.
For the purposes of this section, “cannabis waste” is organic waste, as defined in section 42649.8(c) of the Public Resources Code. An applicant’s cannabis waste management plan shall identify one or more of the following methods for managing cannabis waste generated on its licensed premises:
(a) On-premises composting of cannabis waste;
(b) Collection and processing of cannabis waste by a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency;
(c) Self-haul cannabis waste to one or more of the following:
- A manned, fully permitted solid waste landfill or transformation facility;
- A manned, fully permitted composting facility or manned composting operation;
- A manned, fully permitted in-vessel digestion facility or manned in-vessel digestion operation;
- A manned, fully permitted transfer/processing facility or manned transfer/processing operation; or
- A manned, fully permitted chip and grind operation or facility.
- A recycling center as defined in title 14, section 17402.5(d) of the California Code of Regulations and that meets
(A) The cannabis waste received shall contain at least ninety (90) percent inorganic material;
(B) The inorganic portion of the cannabis waste is recycled into new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace; and
(C) The organic portion of the cannabis waste shall be sent to a facility or operation identified in subsection (c)(1) through (5).
(d) Reintroduction of cannabis waste back into agricultural operation through on premises organic waste recycling methods, including but not limited to tilling directly into agricultural land and no-till farming.
8308. Cannabis Waste Management.
(a) For the purposes of this section, “cannabis waste” is organic waste, as defined in section 42649.8(c) of the Public
(b) A licensee shall manage all hazardous waste, as defined in section 40141 of the Public Resources Code, in compliance
with all applicable hazardous waste statutes and regulations.
(c) A licensee shall manage all cannabis waste in compliance with division 30, part 3, chapters 12.8, 12.9, and 13.1 of the
Public Resources Code. In addition, licensees are obligated to obtain all required permits, licenses, or other clearances
and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not
limited to, local health agencies, regional water quality control boards, air quality management districts, or air pollution
control districts, local land use authorities, and fire authorities.
(d) A licensee shall dispose of cannabis waste in a secured waste receptacle or in a secured area on the licensed premises
designated on the licensee’s premises diagram and as identified in the licensee’s cultivation plan. For the purposes of
this section, “secure waste receptacle” or “secured area” means physical access to the receptacle or area is restricted to
only the licensee, employees of the licensee, the local agency, a waste hauler franchised or contracted by a local
agency, or a private waste hauler permitted by the local agency. Public access to the designated receptacle or area shall
be strictly prohibited.
(e) A licensee shall comply with the method(s) for managing cannabis waste identified on its cannabis waste management
plan in accordance with section 8108.
(f) If composting cannabis waste on the licensed premises, a licensee shall do so in compliance with title 14 of the
California Code of Regulations, division 7, chapter 3.1 (commencing with section 17850).
(g) If a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a
local agency is being used to collect and process cannabis waste, a licensee shall do all the following:
- Obtain and retain the following information from the local agency, waste hauler franchised or contracted by the
local agency, or private waste hauler permitted by the local agency that will collect and process the licensee’s
(A) Name of local agency providing waste hauling services, if applicable;
(B) Company name of the waste hauler franchised or contracted by a local agency or private waste hauler
permitted by the local agency, if applicable;
(C) Local agency or company business address; and
(D) Name of the primary contact person at the local agency or company and contact person’s phone number.
- Obtain and retain a copy of a receipt from the local agency, waste hauler franchised or contracted by the local
agency, or private waste hauler permitted by the local agency evidencing subscription to a waste collection service;
- Cannabis waste may be collected from a licensee in conjunction with a regular organic waste collection route used
by the local agency, the waste hauler franchised or contracted by a local agency, or private waste hauler permitted
by the local agency.
(h) If self-hauling cannabis waste to one or more of the solid waste facilities in section 8108(c) of this chapter, a licensee
shall obtain and retain, for each delivery of cannabis waste by the licensee, a copy of a certified weight ticket or receipt
documenting delivery prepared by a representative(s) of the solid waste facility receiving the self-hauled cannabis
waste. Transportation of self-hauled cannabis waste shall only be performed by the licensee or employees of the
(i) If cannabis waste is hauled to a recycling center that meets the requirements of section 8108(c)(6), in addition to the
tracking requirement set forth in section 8405 and 8406 of this chapter, a licensee shall use the track-and-trace system
and documentation required pursuant to this section to ensure the cannabis waste is identified, weighed, and tracked
while on the licensed premises.
(j) In addition to all other tracking requirements set forth in sections 8405 and 8406 of this chapter, a licensee shall use the
track-and-trace system and documentation required pursuant to this section to ensure the cannabis waste is identified,
weighed, and tracked while on the licensed premises and when disposed of in accordance with subsections (f), (g), (h),
and (i) above.
(k) A licensee shall maintain accurate and comprehensive records regarding cannabis waste that account for, reconcile, and
evidence all activity related to the generation or disposition of cannabis waste. All records required by this section are
records subject to inspection by the department and shall be kept pursuant to section 8400 of this chapter.
Section 8400. Records and Reporting
Each licensee shall maintain all the following records on the licensed premises, including but not limited to:
(11) Records associated with composting or disposal of cannabis waste;
Section 8402. Track-and-Trace System.
Except as provided in section 8405(e) of this chapter, each licensee shall report in the department’s track-and-trace system
the disposition of immature and mature plants, nonmanufactured cannabis products on the licensed premises, any transfers
associated with commercial cannabis activity between licensees, and any cannabis waste pursuant to this chapter.
Section 8405. Track-and-Trace System Reporting Requirements
The following information must be reported into the track-and-trace system for each harvested plant, or portion thereof, or harvest batch:
(C) The weight of cannabis waste associated with each harvest batch;