Proposed Text of Regulations: Group Tagging of Cannabis Plants

Chapter 1. All Licensees

Article 1. Division Definitions and General Requirements

§15000. Definitions.

1. (a) […]
2. (vvv) “Unique identifier” or “UID” means an alphanumeric code or designation used for reference to a specific plant and any cannabis or cannabis product derived or manufactured from that plantin reference to a specific quantity of cannabis or cannabis products that is issued pursuant to the track and trace program established by the Department.
3. (www) […]

Authority cited: Section 26013, Business and Professions Code. Reference: Section 26013, Business and Professions Code.

Article 6. Track and Trace Requirements

§15047.1. Definitions.

1. (a) “Plant tag” means the tag that is labeled with a UID number and provided by the Department or the Department’s designee for attaching to a cannabis plantto identify a specific plant or established group of plants.
2. (b) “Package tag” means the RFID-enabled tag that is labeled with a UID number and provided by the Department or the Department’s designee for attaching to batches of cannabis or cannabis products.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070, 26160 and 26161, Business and Professions Code.

§15048. Training and Credentialing.

1. (a) Each applicant or licensee shall identify an owner of the commercial cannabis business as the track and trace system account manager. A licensee may change the account manager by submitting a written request to the Department.The track and trace system account manager must be the designated responsible party associated with the license.
2. (b) No later than 10 calendar days after license issuance, the designated account manager shallmust:
   1. (1) Complete new user system training provided by the Department.
   2. (2) Email support@metrc.comcredentialing@metrc.com from the designated account manager’s email address to request access to the track and trace system.
   3. (3) Complete the credentialing process to establish a login.
3. (c) The account manager and each user shallmust utilize a unique login, consisting of a username and password. The account manager and each user shallmust only access the track and trace system under their assigned login. NoThe account manager or user shallmay not share their login, username, or password, with any other individual for any reason.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26067, 26070, 26160 and 26161, Business and Professions Code.

§15048.2. General Tag Requirements.

1. (a) A licensee shallmust only use plant and package tags provided and distributed byordered from the Department or the Department’s designee.
2. (b) A licensee shallmust only use plant and package tags assigned in the track and trace system to that licensee and shallmay not transfer unused tags to any other licensee.
3. (c) A licensee shallmust maintain a sufficient supply of tags to support tagging in accordance with this chapter.
4. (d) Plant and package tags shallmust be discarded after they are no longer required for use.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26050.1, 26067, 26070, 26160 and 26161, Business and Professions Code.

§15048.3. OrderingReceipt of Tags.

1. (a) For licensees conducting cultivation, manufacturing, distribution, or testing:,
   1. (1) A licensee’s account manager shall place the initial order of plant or package tags within ten (10) calendar days of initial credentialing into the track and trace system and shall reorder plant or package tags as needed.
   2. (2) Thethe receipt of plant or package tags shallmust be recorded in the track and trace system within three (3)no later than seven (7) calendar days of receipt. If ordered plant or package tags are not received by the licensee, the licensee shallmust notify the Department.
   3. (3) For cultivation licensees, if the Department approves a request for a license designation change pursuant to section 15023(f), the licensee is required to order, apply, and report applicable plant and package tags in accordance with this article.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26067, 26069 and 26160, Business and Professions Code.

§ 15048.4. Tagging of Cannabis Plants.

1. (a) Immature cannabis plants shall be tagged as follows:
   1. (1) Each established lot of immature plants shall be assigned a plant tag. Each lot of immature plants under a single plant tag shall be uniform in strain or cultivar and contain no more than 100 individual immature plants at any one time. The lot plant tag shall be visible and within clear view of an individual standing next to the immature lot and kept free from dirt and debris. Each lot shall either:
      1. (A) Have each immature plant in the lot labeled with the UID number and placed contiguous to one another to facilitate identification by the Department; or
      2. (B) Be fully separated from other lots of immature or mature plants by a physical barrier. In such cases, each individual plant does not need to be labeled with the corresponding UID number.
   2. (2) Immature plants transferred from a licensed nursery for retail sale shall be transferred in a package with a package tag. The receiving licensee shall remove the licensed nursery’s package tag and assign a plant or package tag, as applicable, belonging to the receiving licensee within three (3) calendar days of receiving the immature plants.
   3. (3) A plant tag shall be applied to each individual plant in accordance with subsection (b) at the time the plant is moved to the designated canopy area or begins flowering.
2. (b) Mature cannabis plants shall be tagged as follows:
   1. (1) Each mature plant shall be tagged with a plant tag. A plant tag shall be attached to the main stem at the base of each plant, placed in a position so it is visible and within clear view of an individual standing next to the mature plant, and kept free from dirt and debris.
   2. (2) Licensees are prohibited from removing the plant tag from the mature plant to which it was attached and assigned until the plant is harvested, destroyed, or disposed of.
3. (a) Cannabis plants, whether immature or mature, must be tagged with a plant tag, either individually or in groups that meet the requirements of subsection (b).
4. (b) To assign a single plant tag to a group of plants, the established group of immature or mature plants must be:
   1. (1) Uniform in strain or cultivar, if the strain or cultivar of the group is identified in the track and trace system;
   2. (2) Uniform in the application of pesticides and other agricultural chemicals;
   3. (3) Planted no later than three (3) calendar days of the first plant;
   4. (4) Contiguous to one another to facilitate identification by the Department; and
   5. (5) Clearly delineated or fully separated from other individually tagged plants or established groups of plants by a physical indicator. Examples of physical indicators may include, but are not limited to, colored ribbon or tape, labeled stakes, and string.
5. (c) Each plant tag must be positioned so that it is easily visible to an individual standing next to the plant or established group of plants, clearly associated with the corresponding plant(s), and kept free of dirt and debris.
6. (d) A new plant tag must be assigned when immature plants located outside the canopy are moved into the canopy area.
7. (e) Multiple groups of immature plants may be combined into a single group of mature plants if all requirements in subsection (b) are met.
8. (f) Immature plants transferred from a licensed nursery to another licensee must be transferred in a package with a package tag.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26067 and 26069, Business and Professions Code.

§15048.5. Transition to New Tagging Requirements.

1. (a) Licensees authorized to conduct cultivation must label the premises diagram with a unique location name for each distinct canopy and immature plant area. Each location name must be recorded in the track and trace system in accordance with section 15049.1.
2. (b) The addition of a unique location name to the premises diagram, by itself, is not subject to the provisions of section 15027. Licensees must submit a premises diagram updated in accordance with subsection (a) with the licensee’s next renewal application.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26067 and 26069, Business and Professions Code.

§15049.1. Additional Requirements for Recording Cultivation Activities.

1. (a) The licensee must record the following cultivation activities in the track and trace system within three (3) calendar days of occurrence:
   1. (1) Planting of an immature lot;
   2. (2) Moving immature plants to a designated canopy area, flowering of an individual plant, or application of a plant tag to an immature plant, in accordance with section 15048.4;
   3. (1) Planting of an individually tagged plant;
   4. (2) Commencement of planting an established group of plants;
   5. (3) Destruction or disposal of an immature or mature plant; and
   6. (4) Harvesting of a mature plant, or portion thereof.
2. (b) The licensee must assign a unique location name to each distinct canopy and immature plant area, and record the square footage of that area, in the track and trace system. Each location name in the track and trace system must correspond to the location name on the premises diagram in accordance with section 15048.5.
3. (c) The licensee must record the unique location name of the physical location of each individual plant or established group of plants in the track and trace system.
4. (d) The licensee must record the following in the track and trace system for each established group of plants:
   1. (1) The number of plants in the established group; and
   2. (2) The date planting of the group was initiated.
5. (b)(e) The licensee must report the following information in the track and trace system for each harvest batch:
   1. (1) The wet weight of each harvest batch, which the licensee must obtain immediately after harvest;
   2. (2) The weight of cannabis waste associated with each harvested batch;
   3. (3) The unique name of the harvest batch; and
   4. (4) The initiating date of the harvest. For purposes of this section, the “initiating date” of the harvest is the month, day, and year the first mature cannabis plants in the harvest batch were cut, picked, or removed from the soil or other growing media.
6. (c)(f) After the entire harvest batch has been dried, trimmed, cured, and packaged, the licensee must indicate in the track and trace system that the harvest is finished.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26067 and 26069, Business and Professions Code.

Chapter 7. Cultivators

Article 2. Cultivation Site Requirements

§16300. Cultivation Requirements.

1. (a) Licensees authorized to conduct cultivation must ensure that all flowering plants, except flowering plants cultivated by a nursery licensee for seed production or research and development purposes, are located within the designated canopy area(s). Should a plant outside of the canopy area(s) begin flowering, the licensee must apply a plant tag, move the plant to a designated canopy area, assign a plant tag in accordance with 15048.4, and report the activity in the track and trace system in accordance with section 15049.1.
2. (b) Licensees authorized to conduct cultivation activities must obtain a nursery license in order to propagate immature plants or seed for distribution to another licensee.
3. (c) Notwithstanding subsection (b), licensees authorized to conduct cultivation activities may arrange for the transfer, via a licensed distributor, of immature plants or seeds from their licensed cultivation premises to a licensed nursery premises.
4. (d) Licensees must either process their harvested cannabis in area(s) designated for processing inon their premises diagram, or transfer their harvested cannabis to a licensed processor, manufacturer, or distributor via a licensed distributor.
5. (e) A licensee who holds multiple cultivation licenses may arrange for the transfer, via a licensed distributor, of immature plants, seeds, or harvested cannabis from one of their licensed cultivation premises to another of their cultivation premises.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26060 and 26120, Business and Professions Code.

§16301. Seed Production Requirements for Nursery Licensees.

1. (a) Nursery licensees producing seed for distribution shallmust tag all mature plants with a plant tag pursuant to section 15048.4(b).
2. (b) All products, except seed, derived from these plants are prohibited from entering the commercial distribution chain.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26060 and 26067, Business and Professions Code.

§16302. Research and Development Requirements for Nursery Licensees.

1. (a) Nursery licensees may maintain a research and development area, as identified inon their cultivation planpremises diagram, for the cultivation of mature plants.
2. (b) All mature plants shallmust be tagged with a plant tag pursuant toin accordance with section 15048.4.
3. (c) All cannabis and cannabis products derived from these plants are prohibited from entering the commercial distribution chain or being transferred off the licensed premises.

Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26013, 26060 and 26067, Business and Professions Code.