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Proposed Legislation Would Allow California Cultivators to Sell Directly to Consumers at Cannabis Farmer’s Markets

By Omar Figueroa

April 22, 2022

 

On Tuesday, April 26, 2022, craft cultivators from all across California will rally in Sacramento in support of Assembly Bill 2691.  This proposed legislation would allow licensed cultivators with less than one acre to sell directly to consumers at farmer’s markets and other cannabis events by creating a “temporary cultivator event retail license.”

The bill would require the Department of Cannabis Control to issue this new type of license to a licensed cultivator who cultivates no more than one acre of cannabis total, with a maximum of twelve temporary cultivator event retail licenses issued to each licensed cultivator per calendar year.

The law would add a new Section 26050.5 to the Business and Professions Code which reads:

 (a) The department shall issue temporary cultivator event retail licenses for cannabis events operating in accordance with this division.
(b) (1) A licensee who meets all of the following requirements may apply to the department for a temporary cultivator event retail license:
(A) The applicant holds a valid state cultivation license.
(B) The applicant holds a valid license, permit, or other authorization issued by a local jurisdiction that authorizes the licensee to engage in cannabis cultivation.
(C) The applicant cultivates no more than one acre of cannabis, inclusive, of all licensed premises.
      (2) The department shall not require an applicant to resubmit information already provided by the applicant for their state cultivation license, and shall not require an applicant to submit to background checks or other inspections already preformed for approval of their state cultivation license.
      (3) The department shall establish a process to facilitate the submission of applications pursuant to this subdivision.
(c) (1) Each temporary cultivator event retail license shall only be valid for the specific cannabis event for which it was issued.
      (2) The department shall not issue more than 12 temporary cultivator event retail licenses to each licensee per calendar year.
(d) (1) A temporary cultivator event retail license may sell cannabis or cannabis products at the cannabis event for which the license was issued.
      (2) All cannabis or cannabis products sold pursuant to paragraph (1) shall only contain cannabis cultivated by that temporary cultivator event retail licensee.
      (3) Cannabis and cannabis products intended to be sold pursuant to paragraph (1) shall be transported from the licensed premises of the temporary cultivator event retail licensee to the cannabis event venue by a distributor licensee in accordance with Section 26070.
      (4) Except as otherwise provided in this section, a temporary cannabis retailer licensee shall comply with all requirements imposed on retailers by this division.

The April 26th hearing on AB 2691 will take place in the Assembly Committee on Business and Professions at 9:30 a.m. at 1021 O Street, Room 1100 in Sacramento.  For more information, please click here for the Assembly Committee on Business and Professions.

AB 2691 is summarized in the Digest prepared by the Legislative Counsel:

This bill would require the department to issue temporary cultivator event retail licenses that authorize the license holder to sell cannabis or cannabis products, containing cannabis cultivated by that licensee, at cannabis events in the state. The bill would authorize a licensee who holds a valid state cultivation license and a valid license, permit, or other authorization for cannabis cultivation issued by a local jurisdiction, and who cultivates no more than one acre of cannabis, as provided, to apply for a temporary cultivator event retail license. The bill would require a temporary cultivator event retail licensee to comply with all requirements imposed on cannabis retailers, unless otherwise specified. The bill would specify that a temporary cultivator event retail license is valid only for the specific cannabis event for which it was issued, and would limit the number of temporary cultivator event retail licenses issued to each licensee to 12 per calendar year.

The Origins Council issued a call to action on Thursday April 21, 2022:

North Coast Legislator, Assemblymember Jim Wood has introduced critical legislation to offer a lifeline to our legacy farming community in crisis. Assembly Bill 2691 proposes to create a temporary retailer license type to authorize direct to consumer marketing and sales for small producers at up to 12 of locally approved temporary cannabis events per year. The bill is co-authored by Senators McGuire, Laird and Stone, and Assemblymember Rivas.

On Tuesday morning we will gather again at the State Capital – 1021 O Street, Room 1100 at 9:30am for a SHOW OF UNITY & STRENGTH in SUPPORT of AB-2691. We need to FILL THE CHAMBERS and FIGHT FOR THIS BILL!

On March 28th, Origins Council and our Regional Partners came together with 30 other organizations in coalition support of AB-2691. Collectively this group represents the original California cannabis movement: Compassionate Patient Access and Consumer Rights Organizations; BIPOC and Social Equity Organizations; Legacy and Small Farmer Associations. The 37 organizational signatories on this letter represent thousands of patients, consumers and small cannabis businesses, one of the largest such coalitions to rally in support of California cannabis legislation to date..

For those of you who cannot join us in person, please tune into the Assembly Business and Professions Committee Video or Audio Livestream. The Committee Hearing begins at 9:30am and AB-2691 is currently on the agenda as number 14 of 15 total bills to be heard by the Committee. PLEASE CALL IN AND VOICE YOUR SUPPORT for AB-2691!

Stay tuned for more in the future about AB 2691.  It’s a critical lifeline to craft cultivators which would allow direct to consumer sales at up to a dozen locally approved temporary cannabis events per year.  The bill would also revolutionize the events landscape by driving a transformation of cannabis events into true farmer’s markets where consumers can interact directly with and buy from the the growers themselves.

 

CALL TO ACTION ‼️ SACRAMENTO APRIL 26th 9:30am AB-2691 Assembly Business and Professions Committee Hearing North Coast Legislator, Assemblymember Jim Wood has introduced critical legislation to offer a lifeline to our legacy farming community in crisis. Assembly Bill 2691 proposes to create a temporary retailer license type to authorize direct to consumer marketing and sales for small producers at up to 12 of locally approved temporary cannabis events per year. The bill is co-authored by Senators McGuire, Laird and Stone, and Assemblymember Rivas. On March 28th, Origins Council and our Regional Partners came together with 30 other organizations in coalition support of AB-2691. Collectively this group represents the original California cannabis movement: Compassionate Patient Access and Consumer Rights Organizations; BIPOC and Social Equity Organizations; Legacy and Small Farmer Associations. The 37 organizational signatories on this letter represent thousands of patients, consumers and small cannabis businesses, one of the largest such coalitions to rally in support of California cannabis legislation to date.. On Tuesday morning we will gather again at the State Capital - 1021 O Street, Room 1100 at 9:30am for a SHOW OF UNITY & STRENGTH in SUPPORT of AB-2691. We need to FILL THE CHAMBERS and FIGHT FOR THIS BILL! For those of you who cannot join us in person, please tune into the Assembly Business and Professions Committee Video or Audio Livestream. The Committee Hearing begins at 9:30am and AB-2691 is currently on the agenda as number 14 of 15 total bills to be heard by the Committee. PLEASE CALL IN AND VOICE YOUR SUPPORT for AB-2691!

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding cannabis or hemp laws and regulations in California, contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.

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