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AB-1606 Edible marijuana products.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
AB1606:v97#DOCUMENT

Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1606


Introduced by Assembly Member Cooper

February 17, 2017


An act to amend Section 26101 of the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 1606, as amended, Cooper. Edible marijuana products.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of marijuana for nonmedical purposes by people 21 years of age and older. AUMA prohibits the sale of marijuana or marijuana products unless a representative sample of the marijuana or marijuana product has been tested by a certified testing service to determine specified facts, including whether the chemical profile of the sample conforms to the label and whether the presence of contaminants exceeds specified levels. Existing law requires destruction of harvested batches whose testing samples indicate noncompliance with health and safety standards promulgated by the State Department of Public Health, unless remedial measures can bring the marijuana or marijuana products into compliance.
This bill would additionally require the certified testing service to test for uniform disbursement of cannabinoids throughout the product and the accuracy of the labeled dosage within 15%. dosage.
AUMA authorizes the Legislature to amend, by a 2/3 vote, certain provisions of the act, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would declare that its provisions further specified purposes and the intent of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26101 of the Business and Professions Code is amended to read:

26101.
 (a) Except as otherwise provided by law, no marijuana or marijuana and marijuana products may shall not be sold pursuant to a license provided for under this division unless a representative sample of the marijuana or marijuana product has been tested by a certified testing service to determine all of the following:
(1) Whether the chemical profile of the sample conforms to the labeled content of compounds, including, but not limited to, all of the following:
(A) Tetrahydrocannabinol (THC).
(B) Tetrahydrocannabinolic Acid (THCA).
(C) Cannabidiol (CBD).
(D) Cannabidiolic Acid (CBDA).
(E) The terpenes described in the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia.
(F) Cannabigerol (CBG).
(G) Cannabinol (CBN).
(2) That the presence of contaminants does not exceed the levels in the most current version of the American Herbal Pharmacopoeia monograph. For purposes of this paragraph, contaminants includes, but is include, but are not limited to, all of the following:
(A) Residual solvent or processing chemicals, including explosive gases, such as Butane, butane, propane, O2 or H2, and poisons, toxins, or carcinogens, such as Methanol, Isopropyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene.
(B) Foreign material, including, but not limited to, hair, insects, or similar or related adulterant.
(C) Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin A.
(3) Uniform disbursement of cannabinoids throughout a marijuana product.
(4) Accuracy of the labeled dosage, within 15 percent. dosage.
(b) Residual levels of volatile organic compounds shall satisfy standards of the cannabis inflorescence monograph set by the United States Pharmacopeia (U.S.P. Chapter 467).
(c) The testing required by paragraph (a) shall be performed in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025 to test marijuana and marijuana products that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.
(d) Any pre-sale presale inspection, testing transfer, or transportation of marijuana products pursuant to this section shall conform to a specified chain of custody protocol and any other requirements imposed under this division.

SEC. 2.

 The Legislature finds and declares that this act is consistent with, and furthers the purposes of, the Control, Regulate and Tax Adult Use of Marijuana Act.