California BCC Proposes Emergency Regulations

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Fox Rothschild LLPLast week, the California Bureau of Cannabis Control (BCC) gave notice of proposed emergency regulations that will require retailers to display their Quick Response Code certificate outside their storefronts. Distributors and retail delivery drivers will also be required to carry the certificate while transporting cannabis. The certificate will be required to be in a format set forth in the proposed regulations, including that the certificate be able to be scanned on a smartphone from a distance of three feet.  

The regulations come in response to continued reports of injuries attributed to vaping products. According to studies cited in the BCC’s Finding of Emergency and Notice of Proposed Emergency Regulations, nearly all individuals with injuries who used vaping products containing THC purchased those products from unlicensed sources. The BCC concluded that the risk of harm is greater from THC vaping products purchased from unlicensed sources.

The proposed regulations are intended to educate consumers and enable them to ensure that they are purchasing from a licensed retailer. The BCC noted that illegal retailer businesses are often mistaken for legal businesses due to having a similar appearance or name. The BCC also noted that requiring the certificate to be carried by delivery drivers and distributors will enable employees, law enforcement and others to confirm that a business is licensed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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