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§ 15041.4. Providing Trade Samples.

4 CA ADC § 15041.4Barclays Official California Code of RegulationsEffective: November 7, 2022

Barclays California Code of Regulations
Title 4. Business Regulations
Division 19. Department of Cannabis Control
Chapter 1. All Licensees
Article 4. Posting and Advertising
Effective: November 7, 2022
4 CCR § 15041.4
§ 15041.4. Providing Trade Samples.
Currentness
(a) Cannabis or cannabis products that have been designated as trade samples may be provided to any licensee except licensed cannabis event organizers, distributor transport only licensees, and testing laboratory licensees.
(b) The following licensees may designate and provide trade samples to their own employees and other licensees:
(1) Cultivators;
(2) Manufacturers;
(3) Distributors; and
(4) Microbusinesses authorized to engage in cultivation, manufacturing, or distribution.
(c) Notwithstanding subsection (b), licensed nurseries may only provide trade samples to licensed cultivators and may not provide trade samples to their own employees.
(d) The following licenses shall not designate or provide trade samples to other licensees:
(1) Retailers;
(2) Cannabis event organizers;
(3) Distributor transport only licensees; and
(4) Testing laboratories.
(e) Licensed retailers may designate and provide trade samples to their own employees for product education but shall not provide them to another licensee as specified in subsection (d).
(f) Cannabis and cannabis products designated as trade samples may not be provided:
(1) For any payment or consideration;
(2) Without adhering to sales and excise tax requirements, if any;
(3) To employees as compensation;
(4) To an unlicensed person, including retail customers; or
(5) For a cost.
(g) The transfer from one licensee to another of cannabis and cannabis products designated as a trade sample must be recorded in the track and trace system.
(h) A licensee may provide cannabis and cannabis products that have been received from another licensee as a trade sample to an employee for that employee's inspection or consumption.
(i) Cannabis and cannabis products provided to employees as trade samples must be properly recorded in the track and trace system. The transaction shall be recorded as a package adjustment when provided to the employee. The adjustment note must include the name or licensee-assigned employee number of the employee and the date and time the cannabis and cannabis products were provided to the employee.
(j) Cannabis and cannabis products provided to employees as trade samples shall not be sold, given away, or otherwise transferred by the employee to any person.

Credits

Note: Authority cited: Sections 26013 and 26153.1, Business and Professions Code. Reference: Section 26153.1, Business and Professions Code.
History
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 subsections (a), (d), and (e)-(h); 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).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 4, § 15041.4, 4 CA ADC § 15041.4
End of Document