California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 10 - Cannabis and Cannabis Products › Article 1 - Standards for Manufactured Cannabis Products › Section 17300 - Prohibited Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following types of products shall not be sold as
					 cannabis products:
(a) Alcoholic
				  beverages, as defined in Business and Professions Code section
				  23004.
				  This prohibition does not apply to tinctures that meet the requirements of
				  section 17303.
(b) Any cannabis product containing any
				  non-cannabinoid additive that would increase potency, toxicity, or addictive
				  potential, or that would create an unsafe combination with other psychoactive
				  substances including, but not limited to, nicotine.
(c) Any cannabis product that must be held at
				  or below 41 degrees Fahrenheit to keep it safe for human consumption,
				  including, but not limited to, cream- or custard-filled pies; pies or pastries
				  consisting in whole or in part of milk or milk products, or eggs; and
				  meat-filled pies or pastries. This prohibition shall not apply to juices or
				  beverages that need to be held below 41 degrees Fahrenheit if the juice or
				  beverage was processed in accordance with section
				  17219, or to infused butter
				  manufactured as permitted by subsection (g).
(d) Any thermally-processed low-acid cannabis
				  product packed in a hermetically sealed container that, if it did not contain
				  cannabis, would be subject to the manufacturing requirements of title 21, Code
				  of Federal Regulations, part 113.
(e) Any acidified cannabis product that, if
				  it did not contain cannabis, would be subject to the manufacturing requirements
				  of title 21, Code of Federal Regulations, part 114.
(f) Any juice that is not shelf-stable or
				  that is not processed in accordance with section
				  17219.
(g) Dairy products of any kind, as prohibited
				  by Business and Professions Code section
				  26001(u),
				  except butter purchased from a licensed milk products plant or retail location
				  that is subsequently infused or mixed with cannabis.
(h) Meat products other than dried meat
				  products prepared in accordance with section
				  17220.
(i) Seafood products of any kind.
(j) Any product that is manufactured by
				  application of cannabinoid concentrate or extract to commercially available
				  candy or snack food items without further processing of the product.
				  Commercially available candy or snack food items may be used as ingredients in
				  a cannabis product, provided that they are used in a way that renders them
				  unrecognizable as the commercially available items, and the label, including
				  the ingredient list, does not reference the commercially available
				  item.
(k) Any cannabis product that
				  the Department determines, on a case-by-case basis, is attractive to children,
				  as specified in section
				  17408.
(l) Any cannabis product that the Department
				  determines, on a case-by-case basis, is easily confused with commercially
				  available foods that do not contain cannabis.
(m) Any cannabis product in, or imprinted
				  with the shape, either realistic or caricature, of a human being, animal,
				  insect, or fruit.
(n) Any inhalable
				  cannabis product that is delivered into the lungs through a metered-dose
				  inhaler or dry-powder inhaler. Nothing in this section shall be interpreted to
				  prohibit other dry-powder cannabis products or metered-dose vaporizers
				  containing cannabis or cannabis oil.
(o) Any cannabis product that is administered
				  to the eye or the nasal passages.
(p) Any cannabis product that is injected
				  into the body by piercing the skin.
1. Repealer
					 of former chapter 13 (articles 1-2, sections
					 17300-17305) and new chapter 10
					 (articles 1-3, sections
					 17300-17305), article 1 (sections
					 17300-17303) and section filed
					 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This
					 filing is a deemed emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealer of former chapter 13 (articles 12, sections
					 17300-17305) and new chapter 10
					 (articles 13, sections
					 17300-17305), article 1 (sections
					 17300-17303) and section refiled
					 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). This
					 filing is a deemed emergency pursuant to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order, including
					 amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
					 amendments effective 11-7-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 45).
Note: Authority cited: Sections
						26013
						and
						26130,
						Business and Professions Code. Reference: Sections
						26011.5
						and
						26130,
						Business and Professions Code.