California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 1 - All Licensees › Article 4 - Posting and Advertising › Section 15041.5 - Requirements for Trade Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to the requirements of section
				  15041.3(d),
				  cannabis and cannabis products provided to another licensee as a trade sample
				  must be packaged and labeled in accordance with the packaging and labeling
				  requirements found in the Act and this division for cannabis and cannabis
				  products sold at retail.
(b)
				  Cannabis and cannabis products provided to another licensee as a trade sample
				  must comply with all laboratory testing requirements applicable to cannabis and
				  cannabis products sold at retail, except for immature plants, seeds, and
				  propagated material.
(c) All trade
				  samples must be labeled with the following: "TRADE SAMPLE. NOT FOR RESALE OR
				  DONATION."
(d) After laboratory
				  testing, cannabis and cannabis products designated as trade samples must remain
				  in the packaging until provided to a licensee's employee for inspection or
				  consumption and must not be opened, resealed, or repackaged in any
				  way.
(e) Transportation of cannabis
				  and cannabis products designated as trade samples must be conducted in
				  accordance with the transportation requirements in the Act and this division.
				  Any licensee authorized to engage in distribution activities may transport
				  trade samples.
(f) Notwithstanding
				  subsection (e), an employee of a licensee authorized to engage in
				  transportation may transport cannabis and cannabis products designated as trade
				  samples in a vehicle that is not registered to the licensee and shall not be
				  required to comply with the requirements of section
				  15311(g).
				  Employees transporting cannabis and cannabis products under this subsection
				  shall not transport an amount of cannabis or cannabis products that exceeds the
				  possession limits established in section
				  11357
				  of the Health and Safety Code.
(g)
				  Licensees who receive immature plants, seeds, and propagated material as trade
				  samples shall not sell, give away, or distribute cannabis derived from the
				  cultivated trade sample.
1. New
					 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. New section refiled 3-28-2022 as an emergency, including
					 amendment of section; 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
						26153.1,
						Business and Professions Code. Reference: Section
						26153.1,
						Business and Professions Code.