§15400. Access to Retailer Premises.
(a) Access to the licensed premises of a retailer with only an A-designation shall be limited to individuals who are at least 21 years of age.
(b) Access to the licensed premises of a retailer with only an M-designation shall be limited to individuals who are at least 18 years of age and have a valid physician’s recommendation for medicinal cannabis, and individuals who are at least 21 years of age.
(c) Access to the licensed premises of a retailer with both an A- designation and an M- designation may include persons identified in subsections (a) and (b) of this section.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26140, Business and Professions Code.
§15402. Customer Access to the Retail Area.
(a) Individuals shall be granted access to the retail area to purchase cannabis goods only after the retailer or an employee of the retailer has confirmed the individual’s age and identity pursuant to section 15404.
(b) The licensed retailer or at least one employee shall be physically present in the retail area at all times when individuals who are not employees of the licensed retailer are in the retail area.
(c) All sales of cannabis goods must take place within the retail area of the retailer’s licensed premises, except for cannabis goods sold through delivery, a drive-in or drive- through window as authorized by section 15025(e), or curbside delivery as provided in subsection (d).
(d) A licensed retailer or licensed microbusiness authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery. Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle parked immediately outside the licensed retail premises. Curbside delivery of cannabis goods must occur under video surveillance and meet the requirements of section 15044, subsection (e) for recording point-of-sale areas. Retail employees engaging in curbside delivery must verify each customer’s age pursuant to subsection (a). Licensed retailers who are only authorized to engage in retail sales through delivery shall not conduct sales through curbside delivery.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26140, Business and Professions Code.
§15403. Hours of Operation.
A licensed retailer shall sell and deliver cannabis goods only between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26070, Business and Professions Code.
§15403.1. Requirements While Not Open for Business.
At any time the licensed premises is not open for retail sales, a licensed retailer shall ensure that:
(a) The licensed premises is securely locked with commercial-grade, nonresidential door locks as required in section 15046 of this division;
(b) The licensed premises is equipped with an active alarm system pursuant to section 15047 of this division, which shall be activated when the licensed retailer or its employees are not on the licensed premises; and
(c) Only employees of the licensee and other authorized individuals are allowed access to the licensed premises. For the purposes of this section, authorized individuals include individuals employed by the licensee as well as any outside vendors, contractors, or other individuals conducting business that requires access to the licensed premises.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26070, Business and Professions Code.
§15404. Retail Customers.
(a) A licensed retailer shall only sell adult-use cannabis goods to individuals who are at least 21 years of age after confirming the customer’s age and identity by inspecting a valid form of identification provided by the customer as required by subsection (c) of this section.
(b) A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possesses a valid physician’s recommendation after confirming the customer’s age, identity, and physician’s recommendation as required by subsection of this section.
(c) Acceptable forms of identification include the following:
- A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, height, gender, and photo of the person;
- A valid identification card issued to a member of the Armed Forces that includes the person’s name, date of birth, and photo; or
- A valid passport issued by the United States or by a foreign government.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26140, Business and Professions Code.
§15405. Cannabis Goods Display.
(a) Cannabis goods for inspection and sale shall only be displayed in the retail area.
(b) Cannabis and cannabis products may be removed from their packaging and placed in containers to allow for customer inspection. The containers shall not be readily accessible to customers without assistance of retailer personnel. A container must be provided to the customer by the licensed retailer or its employees, who shall remain with the customer at all times that the container is being inspected by the customer.
(c) Cannabis and cannabis products removed from their packaging for display shall not be sold or consumed when the cannabis and cannabis products are no longer used for display.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26070, Business and Professions Code.
§15406. Cannabis Goods for Sale.
A licensed retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
(a) The cannabis goods were received by the licensed retailer from a licensed distributor or licensed microbusiness authorized to engage in distribution;
(b) The licensed retailer has verified that the cannabis goods have not exceeded their best-by, sell-by, or expiration date if one is provided;
(c) In the case of manufactured cannabis products, the product complies with all requirements of Business and Professions Code section 26130;
(d) The cannabis goods have undergone regulatory compliance testing as required by the Act and chapter 6;
(e) The batch number, if any, is labeled on the package of cannabis goods and matches the batch number on the corresponding certificate of analysis for regulatory compliance testing;
(f) The packaging and labeling of the cannabis goods complies with Business and Professions Code section 26120 and this division; and
(g) The cannabis goods comply with all applicable requirements found in the Act and this division.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26120, Business and Professions Code.
§15407. Sale of Non-Cannabis Goods.
(a) In addition to cannabis goods, a licensed retailer may sell only cannabis accessories and the branded merchandise of any licensee. Licensed retailers may provide customers with promotional materials.
(b) Notwithstanding subsection (a), a licensed retailer or licensed microbusiness authorized for retail sales who operates a consumption area on the licensed premises in accordance with Business and Professions Code section 26200(g) may also sell prepackaged, non-cannabis-infused, non-alcoholic food and beverages if the applicable local jurisdiction allows such sales.
(c) Nothing in this section shall be interpreted to prevent consumers from bringing or receiving non-cannabis-infused, non-alcoholic food and beverages from a restaurant or food delivery service for consumption in the designated consumption area on the licensed premises, if the applicable local jurisdiction allows such activities.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070, 26151 and 26152, Business and Professions Code.
§15408. Sale of Live Plants and Seeds.
(a) A licensed retailer shall only sell live, immature cannabis plants and cannabis seeds if all of the following requirements are met:
- The plant is not flowering and is shorter and narrower than 18 inches; and
- The plant or seed originated from a licensed nursery that holds a valid license from the Department or a licensed microbusiness authorized to engage in cultivation.
(b) A licensed retailer shall not apply or use any pesticide, on live plants. A licensed retailer shall not cause any pesticide to be applied or used on live plants.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26100, Business and Professions Code.
§15409. Daily Limits.
(a) A licensed retailer shall not sell more than the following amounts to a single adult-use cannabis customer in a single day:
- 28.5 grams of non-concentrated cannabis.
- 8 grams of cannabis concentrate as defined in Business and Professions Code section 26001, including cannabis concentrate contained in cannabis products.
- 6 immature cannabis plants.
(b) A licensed retailer shall not sell more than the following amounts to a single medicinal cannabis patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of the patient, in a single day:
- 8 ounces of medicinal cannabis in the form of dried mature flowers or the plant conversion as provided in Health and Safety Code section 11362.77.
- 12 immature cannabis plants.
(c) Notwithstanding subsection (b) of this section, if a medicinal cannabis patient’s valid physician’s recommendation contains a different amount than the limits listed in this section, the medicinal cannabis patient may purchase an amount of medicinal cannabis consistent with the patient’s needs as recommended by a physician and documented in the physician’s recommendation.
(d) The limits provided in subsection (a) and subsection (b) of this section shall not be combined to allow a customer to purchase cannabis goods in excess of any of the limits provided in this section.
(e) For the purposes of this section, a licensed retailer shall be responsible for determining that the amount of cannabis concentrates found in manufactured cannabis products sold to customers comply with the requirements of this section.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26012, Business and Professions Code; and Sections 11362.1 and 11362.77, Health and Safety Code.
§15410. Customer Return of Cannabis Goods.
(a) For the purposes of this section, “customer return” means a customer’s return of cannabis goods that were purchased from a licensed retailer, back to the licensed retailer from whom the cannabis goods were purchased.
(b) A licensed retailer may accept customer returns of cannabis goods that were previously sold to a customer.
(c) A licensed retailer shall not resell cannabis goods that have been returned.
(d) A licensed retailer shall treat any cannabis goods abandoned on the licensed retailer premises as a customer return.
(e) Defective manufactured cannabis products returned by customers to a licensed retailer may be destroyed or returned to the licensed distributor from whom the cannabis goods were obtained.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26011.5, 26012 and 26070, Business and Professions Code.
§15411. Requirements for Providing Free Cannabis Goods to Medicinal Consumers.
(a) A licensed retailer shall not provide free cannabis goods to any person. A licensed retailer shall not allow individuals who are not employed by the licensed retailer to provide free cannabis goods to any person on the licensed premises.
(b) Notwithstanding subsection (a), in order to provide access to medicinal cannabis patients who have difficulty accessing medicinal cannabis goods, a licensee who holds an M-Retailer license, an M-Retailer Non-storefront license, or an M-Microbusiness license that is authorized for retail sales may provide free medicinal cannabis goods if the following criteria are met:
- Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver who possesses a valid physician’s recommendation for medicinal cannabis or cannabis products or a valid identification card issued under Health and Safety Code section 11362.71.
- Before providing free cannabis goods to a medicinal cannabis patient who does not possess a valid identification card issued under Health and Safety code section 11362.7, the licensed retailer shall do the following:
- Verify with the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine that the attending physician providing the patient’s medicinal cannabis recommendation has a license in good standing to practice medicine or osteopathy in the State of California;
- Keep a copy of the patient’s or primary caregiver’s driver’s license or other government-issued identification; and
- Prepare and retain written certification that the licensed retailer verified the physician’s recommendation as required by this section that includes the date and time of the verification, the name of the employee who conducted the verification, the name of the licensing board(s) contacted, the method by which the licensing board was contacted, and the name of the person at the licensing board who provided the verification if it was conducted orally, or a copy of the verification if it was provided in writing.
- After initially verifying a physician’s recommendation for a specific medicinal cannabis patient as required by this section, a licensed retailer shall also verify the physician’s recommendation at least annually, for the time period that the physician’s recommendation is valid.
- A licensee shall not provide free cannabis goods to a medicinal cannabis patient or the patient’s primary caregiver if the physician’s recommendation has expired.
- Before providing free cannabis goods to a medicinal cannabis patient who does not possess a valid identification card issued under Health and Safety code section 11362.7, the licensed retailer shall do the following:
- Prior to being provided to the patient or the patient’s primary caregiver, the cannabis goods have been properly designated for donation and recorded in the track and trace system.
- Except as provided under Revenue and Taxation Code section 34012.1, the donated cannabis goods shall comply with all statutory and regulatory requirements that apply to cannabis goods for sale, including those for cultivating, manufacturing, distributing, processing, storing, regulatory compliance testing, packaging, labeling, transporting, and delivering.
- The cannabis goods provided to a medicinal cannabis patient or the patient’s primary caregiver pursuant to this section shall be applied toward the daily purchase limit for a medicinal cannabis customer contained in section 15409 and the possession limits contained in Health and Safety Code section 11362.77.
- If cannabis goods are donated by a licensed retailer, then the sales invoice or receipt for the cannabis goods shall indicate that the cannabis goods were donated.
- The provision of free cannabis goods shall be recorded in the track and trace system and the licensed retailer’s inventory records. The inventory records shall also include either the number of the medicinal cannabis patient’s identification card issued under Health and Safety Code section 11362.7 or a copy of a valid physician’s recommendation and the written certification that the recommendation was verified as required by this section.
(c) In addition to the provision of free cannabis goods in subsection (b), a licensed retailer may donate cannabis goods and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. The licensee shall ensure that all cannabis goods provided pursuant to this subsection comply with subsections (b)(4), (b)(5), and (b)(6).
(d) A licensed retailer may contract with an individual or organization to coordinate the provision of free cannabis goods on the licensee’s retail premises. All cannabis goods provided through an individual or organization pursuant to this subsection shall comply with the requirements of this section. The licensed retailer may be disciplined for violations of the Act that are committed by an individual or organization with whom the licensee has contracted.
(e) A licensed retailer authorized to engage in retail sales only through delivery shall provide free cannabis goods only by delivery. Free cannabis goods provided through delivery shall comply with the requirements of this section.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26013, 26153 and 26160, Business and Professions Code.
§15412. Prohibition on Packaging and Labeling by a Retailer.
(a) A licensed retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale, in compliance with this division.
(b) A licensed retailer shall not package or label cannabis goods.
(c) Notwithstanding subsection (b) of this section, a licensed retailer may place a barcode or similar sticker on the packaging of cannabis goods to be used in inventory tracking. A barcode or similar sticker placed on the packaging of a cannabis goods shall not obscure any labels required by the Act or this division.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26120, Business and Professions Code.
§15413. Cannabis Goods Packaging and Exit Packaging.
(a) All cannabis goods sold by a licensed retailer shall be in compliance with the packaging requirements in chapter 11.
(b) A package containing cannabis goods shall be tamper-evident and child-resistant. If the package contains multiple servings, the package must also be resealable.
(c) All cannabis goods purchased by a customer shall not leave the licensed retailer’s premises unless the goods are placed in an opaque exit package.
(d) Immature plants and seeds sold by a licensed retailer are not required to be placed in resealable, tamper-evident, child-resistant packaging.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070.1 and 26120, Business and Professions Code.
§15414. Non-Storefront Retailer.
(a) A non-storefront retailer licensee shall be authorized to conduct retail sales exclusively by delivery as defined in Business and Professions Code section 26001(o).
(b) A complete application for a non-storefront retailer license shall include all the information required in an application for a retailer license.
(c) A non-storefront retailer licensee shall comply with all the requirements applicable to retailer licensees, except for those provisions related to public access to the licensed premises and the retail area.
(d) The licensed premises of a non-storefront retailer licensee shall be closed to the public.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26012 and 26070, Business and Professions Code.
§15415. Delivery Employees.
(a) All deliveries of cannabis goods shall be performed by a delivery employee who is directly employed by a licensed retailer.
(b) Each delivery employee of a licensed retailer shall be at least 21 years of age.
(c) All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unstaffed vehicle.
(d) Deliveries of cannabis goods shall be received by customers only during the hours of operation established by section 15403. Delivery employees shall return to the licensed premises after making their last delivery of the day if they have any unsold cannabis goods to return to the premises.
(e) During the process of delivery, the licensed retailer’s delivery employee may not engage in any activities except for cannabis goods delivery and necessary rest, fuel, or vehicle repair stops.
(f) A delivery employee of a licensed retailer shall, during deliveries, carry a copy of the retailer’s current license, a copy of the QR Code Certificate issued by the Department, which complies with section 15039, subsection (d), the employee’s government-issued identification, and an identification badge provided by the employer pursuant to section 15043. A delivery employee shall provide a copy of the retail license, a copy of the QR Code Certificate, and their employee identification badge to a delivery customer upon request.
(g) Prior to providing cannabis goods to a delivery customer, a delivery employee shall confirm the identity and age of the delivery customer as required by section 15404 and ensure that all cannabis goods sold comply with requirements of section 15413.
(h) A licensed retailer shall maintain an accurate list of the retailer’s delivery employees and shall provide the list to the Department upon request.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26090, Business and Professions Code.
§15415.1. Deliveries Facilitated by Technology Platforms.
(a) A licensed retailer or licensed microbusiness shall not sell or otherwise transfer any cannabis goods to a customer through the use of an unlicensed third party, intermediary business, broker, or any other business or entity.
(b) Notwithstanding subsection (a) of this section, a licensed retailer or licensed microbusiness may contract with a service that provides a technology platform to facilitate the sale and delivery of cannabis goods, in accordance with all of the following:
- The licensed retailer or licensed microbusiness does not allow for delivery of cannabis goods by the technology platform service provider.
- The licensed retailer or licensed microbusiness does not share in the profits of the sale of cannabis goods with the technology platform service provider, or otherwise provide for a percentage or portion of the cannabis goods sales to the technology platform service provider.
- The licensed retailer or licensed microbusiness shall not advertise or market cannabis goods in conjunction with the technology platform service provider, outside of the technology platform, and shall ensure that the technology platform service provider does not use the licensed retailer’s or licensed microbusiness’s license number or legal business name on any advertisement or marketing that primarily promotes the services of the technology platform.
- The licensed retailer or licensed microbusiness shall ensure the following information is provided to customers:
- Any cannabis goods advertised or offered for sale on or through the technology platform shall disclose, at a minimum, the licensed retailer’s or licensed microbusiness’s legal business name and license number.
- Customers placing an order for cannabis goods through the technology platform shall be able to easily identify the licensed retailer or licensed microbusiness that each cannabis good is being ordered or purchased from. This information shall be available to the customer prior to the customer placing an order or purchasing the cannabis goods.
- All required sales invoices and receipts, including any receipts provided to the customer, shall disclose, at a minimum, the licensed retailer’s or licensed microbusiness’s legal business name and license number.
- All other delivery, marketing, and advertising requirements under this division are complied with.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26001, 26070, 26090, 26151 and 26152, Business and Professions Code.
§15416. Delivery to a Physical Address.
(a) A delivery employee may only deliver cannabis goods to a physical address in California.
(b) A delivery employee shall not leave the State of California while possessing cannabis goods.
(c) A delivery employee shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. This prohibition applies to land held in trust by the United States for a tribe or an individual tribal member unless the delivery is authorized by and consistent with applicable tribal law.
(d) A delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division.
(e) A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26090, Business and Professions Code.
§15417. Delivery Vehicle Requirements.
(a) A licensed retailer’s delivery employee, carrying cannabis goods for delivery, shall only travel in an enclosed motor vehicle. Any vehicle used in the delivery of cannabis goods shall be operated by a delivery employee of the licensee. A vehicle used in the delivery of cannabis goods shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery. Only the licensee or an employee of the retailer licensee for whom delivery is being performed shall be in the delivery vehicle.
(b) While carrying cannabis goods for delivery, a licensed retailer’s delivery employee shall ensure the cannabis goods are not visible to the public. Cannabis goods shall be stored in a secure, fully enclosed trunk that cannot be accessed from inside the vehicle, or in a secured area or compartment within the interior of the vehicle. A “secured area” is defined as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. The secured area may be comprised on three sides by any part of the body of the vehicle, provided the parts of the vehicle used for the purposes of this section are shatterproof and are not made of glass.
(c) A licensed retailer’s delivery employee shall not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. Any cannabis goods left in an unattended vehicle must be stored in a container as required in subsection (b).
(d) A vehicle used for the delivery of cannabis goods shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery. A dedicated GPS device must be owned by the licensee and used for delivery only. The device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during delivery. At all times, the licensed retailer shall be able to identify the geographic location of all delivery vehicles that are making deliveries for the licensed retailer and document the history of all locations traveled to by a delivery employee while engaged in delivery. A licensed retailer shall provide this information to the Department upon request. The history of all locations traveled to by a delivery employee while engaging in delivery shall be maintained by the licensee for a minimum of 90 days.
(e) Upon request, a licensed retailer shall provide the Department with information regarding any motor vehicle used for the delivery of cannabis goods, including the vehicle’s make, model, color, Vehicle Identification Number, license plate number and Department of Motor Vehicles registration information.
(f) Any motor vehicle used by a licensed retailer to deliver cannabis goods is subject to inspection by the Department. Vehicles used to deliver cannabis goods may be stopped and inspected by the Department at any licensed premises or during delivery.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26090, Business and Professions Code.
§15418. Cannabis Goods Carried During Delivery.
(a) A licensed retailer’s delivery employee shall not carry cannabis goods in the delivery vehicle with a value in excess of $10,000 at any time.
(b) For the purposes of this section, the value of cannabis goods shall be determined using the current retail price of all cannabis goods carried by, or within the delivery vehicle of, the licensed retailer’s delivery employee.
(c) A delivery employee may only carry cannabis goods, cannabis accessories, branded merchandise of any licensee, or promotional materials in the delivery vehicle and may only perform deliveries for one licensed retailer at a time. A delivery employee must depart and return to the same licensed premises before taking possession of any cannabis goods from another licensee to perform deliveries.
(d) Before leaving the licensed premises, the licensed retailer’s delivery employee must have a delivery inventory ledger of all cannabis goods provided to the licensed retailer’s delivery employee. The contents of the delivery inventory ledger must comply with the requirements of section 15049.3. During the delivery trip, as defined in section 15049.3, the delivery employee shall maintain the delivery inventory ledger in hard copy or electronically, the latter of which may be an electronic copy maintained in the track and trace system. The delivery inventory ledger must be updated after each completed delivery to reflect the remaining inventory carried by the delivery employee. The delivery inventory ledger must otherwise be updated in accordance with the requirements of section 15049.3, and then entered into the track and trace system no later than the end of the calendar day on which the delivery trip occurred.
(e) The licensed retailer’s delivery employee shall maintain a log that includes all stops from the time the licensed retailer’s delivery employee leaves the licensed premises to the time that the licensed retailer’s delivery employee returns to the licensed premises, and the reason for each stop. The log shall be turned in to the licensed retailer when the licensed retailer’s delivery employee returns to the licensed premises. The licensed retailer must maintain the log as a commercial cannabis activity record as required by this division. The log may be maintained electronically.
(f) Prior to arrival at any delivery location, the licensed retailer must have received a delivery request from the customer and provided the delivery request receipt to the licensed retailer’s delivery employee electronically or in hard copy. The delivery request receipt provided to the licensed retailer’s delivery employee shall contain all of the information required in section 15420, except for the date and time the delivery was made, and the signature of the customer.
(g) Immediately upon request by the Department or any law enforcement officer, the licensed retailer’s delivery employee shall provide:
- The delivery inventory ledger from the time the licensed retailer’s delivery employee left the licensed premises up to the time of the request;
- All delivery request receipts for cannabis goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and
- The log of all stops from the time the licensed retailer’s delivery employee left the licensed premises up to the time of the request.
(h) If a licensed retailer’s delivery employee does not have any delivery requests to be performed for a 30-minute period, the licensed retailer’s delivery employee shall not make any additional deliveries and shall return to the licensed premises. Required meal breaks shall not count toward the 30-minute period.
(i) Upon returning to the licensed premises, all undelivered cannabis goods shall be returned to the licensed retailer’s inventory and recorded within the track and trace system in accordance with section 15049.3.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26067, 26068, 26070, 26090 and 26160, Business and Professions Code.
§15419. Cannabis Consumption During Delivery.
A licensed retailer’s delivery employees shall not consume cannabis or cannabis products while delivering cannabis goods to customers.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26090, Business and Professions Code.
§15420. Delivery Request Receipt.
A licensed retailer shall prepare a hard copy or electronic delivery request receipt for each delivery of cannabis goods.
(a) The delivery request receipt shall contain the following:
- The legal business name and license number of the licensed retailer;
- The first name and employee number of the licensed retailer’s delivery employee who delivered the order;
- The first name and employee number of the licensed retailer’s employee who prepared the order for delivery;
- The first name of the customer and a licensed retailer-assigned customer number for the person who requested the delivery;
- The date and time the delivery request was made;
- The delivery address;
- A detailed description of all cannabis goods requested for delivery. The description shall include the weight, volume, or any other accurate measure of the amount of all cannabis goods requested;
- The total amount paid for the delivery, including any taxes or fees, the cost of the cannabis goods, and any other charges related to the delivery; and
- Upon delivery, the date and time the delivery was made, and the handwritten or electronic signature of the customer who received the delivery.
(b) At the time of the delivery, the delivery employee of the retailer shall provide the customer who placed the order with a hard or electronic copy of the delivery request receipt. The delivery employee shall retain a hard or electronic copy of the signed delivery request receipt for the licensed retailer’s records.
(c) For the purposes of this section, an employee number is a distinct number assigned by a licensed retailer to an employee that would allow the licensed retailer to identify the employee in documents or records using the employee number rather than the employee’s full name. A licensed retailer shall be able to identify the employee associated with each employee number upon request from the Department.
(d) For the purposes of this section, a customer number is a distinct number assigned by a licensed retailer to a customer that would allow the licensed retailer to identify the customer in documents or records using the customer number rather than the customer’s full name. A licensed retailer shall be able to identify the customer associated with each customer number upon request from the Department.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26070, 26090 and 26160, Business and Professions Code.
§15421. Delivery Route.
While making deliveries of cannabis goods, a licensed retailer’s delivery employee shall only travel from the retailer’s licensed premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the retailer’s licensed premises. A delivery employee of a licensed retailer shall not deviate from the delivery path described in this section, except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route unsafe, impossible, or impracticable.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26070 and 26090, Business and Professions Code.
§15422. Receiving Shipments of Inventory.
(a) A licensed retailer shall receive a shipment of cannabis goods only from a licensed distributor or licensed microbusiness authorized to engage in distribution.
(b) A licensed retailer shall accept shipments of cannabis goods only between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time.
(c) During business hours, shipments of cannabis goods shall not enter the licensed premises through an entrance or exit that is available for use by the public.
(d) A licensed retailer whose licensed premises only has one entryway may be exempt from the requirements of subsection (c) of this section if the licensed retailer obtains authorization from the local jurisdiction explicitly authorizing this activity. The licensed retailer shall be required to provide this authorization to the Department upon request. For this section to apply, the licensed premises must physically have only one entryway and cannot have any other entryways.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26012 and 26070, Business and Professions Code.
§15423. Inventory Documentation.
A licensed retailer shall maintain an accurate record of its inventory. A licensed retailer shall provide the Department with the record of inventory immediately upon request. A licensed retailer shall keep a record of the following information for all cannabis goods the licensed retailer has in its inventory:
(a) A description of each item such that the cannabis goods can easily be identified;
(b) An accurate measurement of the quantity of the item;
(c) The date and time the cannabis goods were received by the licensed retailer;
(d) The sell-by or expiration date provided on the package of cannabis goods, if any;
(e) The name and license number of the licensed distributor or licensed microbusiness that transported the cannabis goods to the licensed retailer; and
(f) The price the licensed retailer paid for the cannabis goods, including taxes, delivery costs, and any other costs.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26160, Business and Professions Code.
§15424. Inventory Reconciliation.
(a) A licensed retailer shall be able to account for all of its inventory.
(b) In conducting an inventory reconciliation, a licensed retailer shall verify that the licensed retailer’s physical inventory is consistent with the licensed retailer’s records pertaining to inventory.
(c) The result of inventory reconciliation shall be retained in the licensed retailer’s records and shall be made available to the Department upon request.
(d) If a licensed retailer identifies any evidence of theft, diversion, or loss, the licensed retailer shall notify the Department and law enforcement pursuant to section 15036 of this division.
(e) If a significant discrepancy as defined in section 15034 of this division is discovered between a licensed retailer’s physical inventory and the licensed retailer’s inventory records, the licensed retailer shall notify the Department and law enforcement pursuant to section 15036 of this division.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26160, Business and Professions Code.
§15427. Retailer Premises-to-Retailer Premises Transfer.
(a) A licensee who holds multiple retail licenses may arrange for the transfer of cannabis goods from one licensed retail premises to another licensed retail premises if both retail licenses are held by the same sole proprietor or business entity.
(b) Cannabis goods transferred to a licensed retail premises under subsection (a) may be sold by the licensed retailer receiving the cannabis goods only if the cannabis goods comply with all requirements found in the Act and this division.
(c) The transportation of cannabis goods under this section must comply with all requirements found within the Act and this division.
(d) Any movement of cannabis goods under this section shall be properly entered into the track and trace system.
Authority: Section 26013, Business and Professions Code.
Reference: Section 26070, Business and Professions Code.