Cannabis Control Appeals Panel

The Medical Marijuana Regulation and Safety Act (MCRSA) enacted in 2015 created a regulatory framework for the licensing and enforcement of the cultivation, manufacture, transportation, storage, and distribution of medical marijuana in California. Further, the MCRSA of 2016 refined the process by which the State would implement the regulation of medical cannabis.

In November of 2016, voters approved Proposition 64, the Adult Use of Marijuana Act (AUMA). Under proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for non-medicinal purposes, with certain restrictions. In addition, beginning on January 1, 2018, AUMA makes it legal to sell and distribute cannabis through a regulated business. AUMA also requires recreational cannabis businesses to obtain state licenses in categories similar to those in MCRSA. Given the inconsistencies between the MCRSA and AUMA, specifically in the areas of license restrictions, taxes and licenses types, the Administration has proposed Trailer Bill Language, which makes amendments to ensure the laws are compatible and preserve Legislative intent under MCRSA as well as the intent of the AUMA.

The Appeals panel consists of five members, three of which are appointed by the Governor and subject to Senate confirmation, and one member each appointed by the Speaker of the Assembly and the Senate Rules Committee. The Appeals Panel will be responsible for appeals from any decision by cannabis licensing authorities relating to the order of any penalty assessment, issuing, denying, transferring, conditioning, suspending or revoking any license provided under AUMA.