§ 5412. Packaging and Labeling
(a) A retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will
be sold at final sale, in compliance with this division.
(b) A retailer shall not package or label cannabis goods.
§ 5412. Packaging and Labeling
(a) A retailer shall not accept, possess, or sell cannabis goods that are not packaged as they will
be sold at final sale, in compliance with this division.
(b) A retailer shall not package or label cannabis goods.
§ 5411. Free Cannabis Goods
(a) A retailer shall not provide free cannabis goods to any person. A retailer shall not allow
individuals who are not employed by the retailer to provide free cannabis goods to any person on
the licensed premises.
(b) Notwithstanding subsection (a) of this section, in order to provide access to medicinal
cannabis patients who have difficulty accessing medicinal cannabis goods, a licensee who holds
a Type 10-Retailer M-license, a Type 9-Retailer Non-storefront-M license, or a Type 12-
Microbusiness M-license that allows for retail sales may provide free medicinal cannabis goods
if all of the following criteria are met:
(1) Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver
for the patient in possession of a valid identification card issued under Section 11362.71 of the
Health and Safety Code.
(2) The cannabis goods comply with all applicable laboratory testing requirements under this
division.
(3) Prior to being provided to the patient or primary caregiver, the cannabis goods have been
properly recorded in the track and trace system as belonging to the retailer.
(4) The cannabis goods shall not leave the licensed premises unless placed in an opaque package
as required for purchased cannabis goods under Business and Professions Code section 26070.1.
(5) The cannabis goods shall be applied toward the daily purchase limit for a medicinal cannabis
customer pursuant to section 5409 of this division.
(6) The event shall be properly recorded in the retailer’s inventory records and the track and trace
system.
(c) In addition to the provision of free cannabis goods in subsection (b) of this section, a licensee
may donate cannabis goods and the use of equipment in compliance with any compassionate use,
equality, or other similar program administered by a local jurisdiction.
§ 5410. Customer Return of Cannabis Goods
(a) For the purposes of this section, “customer return” means a customer’s return of cannabis
goods that were purchased from a retailer, back to the retailer the cannabis goods were purchased
from.
(b) A retailer may accept customer returns of cannabis goods that were previously sold to a
customer.
(c) A retailer shall not resell cannabis goods that have been returned.
(d) A retailer shall treat any cannabis goods abandoned on the retailer premises as a customer
return.
(e) A retailer shall destroy all cannabis goods that have been returned to the retailer by a
customer, in accordance with sections 5054 and 5055 of this division.
§ 5409. Daily Limits
(a) A retailer shall not sell more than the following amounts to a single adult-use cannabis
customer in a single day:
(1) 28.5 grams of non-concentrated cannabis.
(2) 8 grams of concentrated cannabis as defined in Business and Professions Code section 26001,
including concentrated cannabis contained in cannabis products.
(3) 6 immature cannabis plants.
(b) A retailer shall not sell more than the following amounts to a single medicinal cannabis
patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of the
patient, in a single day:
(1) 8 ounces of medicinal cannabis as defined in section 11362.77 of the Health and Safety Code.
(2) 12 immature cannabis plants.
(c) If a valid physician’s recommendation contains a different amount than the limits listed in
this section, the medicinal cannabis customer may purchase an amount of medicinal cannabis
consistent with the patient’s needs as recommended by a physician
§ 5408. Live Plants
(a) A retailer shall only sell live, immature cannabis plants and seeds if all of the following
requirements are met:
(1) The plant is not flowering; (2) The plant or seed was purchased from a nursery that holds a valid Type 4-Cultivation;
Nursery license under the Act; and
(3) A label is affixed to the plant or package containing any seeds which states “This product has
not been tested pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.”
(b) A retailer may not sell any other live plants.
(c) A retailer shall not apply nor use any pesticide, nor cause any pesticide to be applied nor
used, on live plants.
§5407. Sale of Non-Cannabis Products on Premises
A retailer may sell non-cannabis products on a licensed premises if the licensee remains in
compliance with any city, county, and state laws or regulations related to those products. This
provision excludes alcohol and alcohol products and tobacco and tobacco products from sale at
any licensed premises. .
§ 5406. Cannabis Goods for Sale
A retailer shall not make any cannabis goods available for sale or delivery to a customer unless:
(a) The cannabis goods were received from a licensed distributor;
(b) The retailer has verified that the cannabis goods have not exceeded their expiration or sell-by
date if one is provided; and
(c) In the case of manufactured cannabis products, the product complies with all requirements of
Business and Professions Code section 26130 and all other relevant laws.
§ 5405. Cannabis Goods Display.
(a) Cannabis goods for inspection and sale shall only be displayed in the retail area.
(b) Cannabis goods may be removed from their packaging and placed in containers to allow
for customer inspection. The containers shall not be readily accessible to customers without
assistance of retailer personnel. A container must be provided to the customer by the licensed
retailer or its employees, who shall remain with the customer at all times that the container is
being inspected by the customer.
(c) Cannabis goods removed from their packaging for display shall not be sold, shall not be
consumed, and shall be destroyed pursuant to section 5054 of this division when the
cannabis goods are no longer used for display.
§ 5404. Retail Customers
(a) A retailer shall only sell adult-use cannabis goods to individuals who are at least 21 years of
age, and medicinal cannabis goods to individuals at least 18 years of age who possess a valid
physician’s recommendation for himself or herself or a person for whom he or she is a primary
caregiver.
(b) A retailer shall confirm the identity and age, and physician’s recommendation if applicable,
of a customer as required by section 5402(a) of this division.
§ 5403. Hours of Operation
(a) A retailer shall sell and deliver cannabis goods only between the hours of 6:00 a.m. Pacific
Time and 10:00 p.m. Pacific Time.
(b) At any time the premises is not open for retail sales, the retailer shall ensure that:
(1) The premises is securely locked with commercial-grade, nonresidential door locks;
(2) The premises is equipped with an active alarm system, which shall be activated when the
retailer or its employees are not on the licensed premises; and
(3) Only employees and contractors of the retailer are allowed to enter the premises.
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