- Posted by Alexis Wilson Briggs
- On April 6, 2017
- California, cannabis, Cannabis License, Cannabis Permit, manufacturing, regulations, Type 7, Volatile Substances, zoning
Manufacturing with volatile solvents has long been a vulnerable area for manufacturers in California. Fortunately, MCRSA’s inclusion of a manufacturing license (Type 7) is prompting cities to clarify their regulations surrounding manufacturing with volatile solvents. Although the number of Type 7 licenses
will be limited, there is at last going to be some cities and counties with clear laws and regulations to guide the safe and legal manufacture of Cannabis related products using volatile solvents. Additionally, one of the more severe consequences for concentrated Cannabis manufacture was repealed under AB 2679, which now prevents District Attorneys from using Health & Safety Code § 11379.6 to prosecute concentrated Cannabis manufacturers on par with methamphetamine manufacturers. (NOTE: Under current California case law, the use of butane and volatile liquids to produce concentrated Cannabis are prohibited, but it is anticipated that the state will provide clarification regarding the new laws by January 2018.)
Unlike most of the other licenses, the regulations for these licenses will be established by the Office of Medical Cannabis Safety under the Department of Public Health. According to the state, they will not issue licenses until after January 1, 2018, but some cities have already begun issuing their regulations and a few of those include authorization for Type 7 licenses. These are key areas for attention, as facilities that are operating in compliance with local agencies will get priority for licenses and the window for that consideration is closing quickly.
ARCATA – County of Humboldt
DESERT HOT SPRINGS – County of Riverside
LYNWOOD – Los Angeles County
The law in this area is nuanced, requires additional safety features, and is highly dependent upon zoning; so it is strongly advised to seek legal counsel prior to applying for Type 7 licensure to engage in manufacturing with a volatile solvent.
We invite you to contact CannaBusinessLaw for expert assistance in compliance with Cannabis licensing, permitting and the application process relating to commercial Cannabis in California.