New California Marijuana Regulation to Require QR Codes on Licensed Dispensaries

The Bureau of Cannabis Control submitted a notice on February 3, 2020 regarding a new regulations to the Office of Administrative Law. The notice would require that commercial cannabis businesses will need to follow the proposed Quick Response Code Certificate Requirements emergency regulations. Once the notice has been posted to the OAL website any interested party will have five (5) calendar days to submit related comments to OAL as set forth in Government Code section 11349.6. 

QR Codes fo Cannabis Dispensaries

The notice will come with stipulations any participating cannabis business will have to adhere. Here is a summary of the stipulations:

• Licenses have to be displayed on the premises viewable by state and local agencies. If the licensed premise is open to the public, it must be in plain sight of the public. 
• Premises opened to the public must display the QR code certificate issued by the Bureau to be viewed and scanned from outside the licensed premises. 
• The QR code certificate must be displayed in the front window of the licensed premises within three (3) feet of any public entrance to the licensed premises, or in a locked-display case. 

The QR code certificate has its own stipulations once issued:

• The QR code certificate as to be printed on paper no less than 8.5 inches by 11 inches. 
• The QR code on the certificate posted as required by this section shall not be less than 3.75 inches by 3.75 inches.
• The QR code on the certificate shall be sufficient clarity that the code can be read by a smartphone or device capable of reading QR Codes from a distance of at least three (3) feet.

Distributor QR Codes

Distributors have their own stipulations as well. The following apply to the QR code certificate when transporting cannabis goods between licensees or licensed premises:

• Transportation shall only be conducted by persons holding a distributor licenses issued by the Act.
• Licensed Distributors shall have a completed sales invoice or receipt that meets the requirements of Business and Professions Code section 26161. Only cannabis goods listed on the receipt will be transported. The invoice or receipt may not be altered or changed once transport begins. 
• Licensed distributors shall always carry a copy of the distributor’s license and a copy of the QR Code certificate issued by the Bureau while engaging in the transportation of cannabis goods.

Cannabis Retailer QR Stipulations

Retailers have certain QR code stipulations, such as the following:

• A delivery employee of licensed  retailer shall, during deliveries, carry a copy of the retailer’s current license, a copy of the QR Code certificate issued by the Bureau which complies with section 5039, subsection (d) of this division, the employee’s government-issued identification, and an identification badge provided by the employer pursuant to section 5043 of this division. A delivery employee shall provide a copy of the retail license, a copy of the QR Code certificate, and their employee identification badge to a delivery customer upon request. 

The complete list of stipulations for all licenses as well as retailer and distributor specific stipulations can be found here.