Cannabis laws have been majorly changing as of late across the country, including California. From various new State based bans on various hemp derived cannabinoids, to upcoming federal changes in a new 2023 Farm Bill that is still being worked up. There is a lot of information and bills to go through to stay informed. Let’s look at what has changed going into 2023 for California cannabis laws, such as flavored inhalable cannabis products being prohibited and what exactly those details are.
What major law changes have happened in California so far?
As of January 2023, many laws have taken effect. In the Final Statement of Reasons they have branched out bans onto flavored inhalable cannabis products. These products include vapes, flower, pre-rolls, and other concentrates. These products may only contain the natural scent and flavor compounds naturally found in the cannabis the product is derived from. In a large scope they have out right banned specific flavors and are not limited to the following: bubblegum, cherry, chocolate, cinnamon, clove, cocoa, coconut, coffee, grape, licorice, mango, menthol, mint, orange, pineapple, popcorn, strawberry, vanilla. There is also a limitation on ingredients that can be inside inhalable cannabis products. These products can only contain cannabis, cannabis concentrate, naturally derived terpenes, cannabis leaf, rolling papers and filter tips, and other inactive ingredients all approved for inhalation by the FDA.
AB 1954 is a new law which protects patients’ rights to medical treatment even if they use cannabis. Previously some physicians were not prescribing medications to patients who tested positive for cannabis, due to health plans, systems, and hospitals requiring patients they were not using illicit or controlled substances. This new law ensures that physicians cannot be punished for treating patients who use cannabis, provided that they are using medical cannabis as recommended by a licensed physician and will not be considered an illicit substance.
AB 2595, this new law changed the regulatory view of cannabis on parents being investigated by the State Department of Social Services. Their department now views cannabis use the same way as alcohol or other legally prescribed medications.
AB 1706 is another law that has pushed along swifter deadlines for the Department of Justice to expunge and resentence past cannabis crimes now made legal or lesser crimes. Records must be updated alongside a state summary and an awareness campaign must be carried out so that individuals affected can verify updates to their criminal history by or before July 1st of 2023. We’ll soon find out if they stay true to this.
AB 1885 is some good news for all the pets of California! This new law prohibits disciplining veterinarians who recommend cannabis for animals. It will be required by January 1st of 2024 for the Veterinary Medical Board to have official recommendations to follow for cannabis use on animals. By July 1st of 2025 the Department of Cannabis Control will have regulations set for the recommendations for cannabis products intended for animal usage.
SB 988 continues to protect terminally ill patients’ usage of non-smoke forms of cannabis when self-administered in health care facilities. This law helps to clarify further on the original law set to do this SB 311, stating that the illegal status of cannabis under federal law does not interfere with California’s mandate.
Various laws that affect business such as AB 2210, 2155, 2568, and 2925 were passed as well. AB 2210 allows venues with liquor licenses to host cannabis events. AB 2155 defines “cannabis beverages” as a form of edibles, as of right now this doesn’t change edible cannabis product regulations but could be a starting point in the future where laws could differentiate between solid and liquid edible products. AB 2568 provides legal safety to individuals or firms that provide insurance or relatable services to legal cannabis business, stating they are not committing a crime under California law for providing such services. AB 2925 is a law requiring the State Department of Health Care Services to provide spending reports of funds for various youth education, prevention, and treatment programs from previous years and to provide them ongoing.
If you’re curious to look up the specific laws click here!
What major law changes are coming in 2024?
Some laws that have already passed but will not be active until January 1st of 2024 are as follows.
SB 1186 will prevent local bans on medical cannabis delivery.
SB 1326 will allow California to enter agreements with other states to allow cannabis transactions outside the State, this will take effect once the new Farm Bill of 2023 comes into effect, most likely end of the year into 2024.
AB 2188 will ban most California employers from discriminating against workers or applicants on drug tests specifically for cannabis. It is focusing mainly on urine tests, which can detect cannabis use days to weeks after usage. The issue is workers may fail drug tests who are not actively under the effects of cannabis and therefore these tests have no correlation with job impairment. Instead, performance testing or oral swabs which will provide a more accurate result will be implemented.
What else is in store for California Cannabis law?
As mentioned earlier, the federal government is currently working on a new farm bill. About every 5 years a new one is legislated and passed to determine essentially how farming, funding for farms and research, and other relatable food programs will work, including cannabis. This will determine new updates to Federal Law for cannabis. So far it appears that THC will remain illegal, but some good things are in store for hemp including raising the 0.3% THC limit to 1%! To read more on other potential laws passing in the farm bill of 2023 click here.
We hope this information was useful, comment below if there’s an important law we missed and should add! We will be doing more law articles and updates for various States and of course when the Farm Bill of 2023 is officially passed!
