AB1332 - Medicinal cannabis: shipments.

Enrolled September 15, 2025 Passed IN Senate September 10, 2025 Passed IN Assembly September 11, 2025 Amended IN Senate August 29, 2025 Amended IN Senate July 17, 2025 Amended IN Senate July 01, 2025 Amended IN Assembly April 21, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1332 Introduced by Assembly Member Ahrens February 21, 2025 An act to amend, repeal, and add Sections 26071, 26321, 26322, and 26323 of, and to add and repeal Section 26072 of, the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGEST AB 1332, Ahrens. Medicinal cannabis: shipments. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. MAUCRSA also authorizes specified licensees to provide free medicinal cannabis or medicinal cannabis products to medicinal cannabis patients if specified criteria are met. Existing law, the Medicinal Cannabis Patients’ Right of Access Act, prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, as specified. This bill, until January 1, 2029, would authorize a licensed microbusiness with an M-license, as defined, whose licensed activities include retail sale, manufacturing, distribution, and outdoor cultivation to directly ship certain medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient in the state, if the licensed microbusiness complies with specified requirements, including that the medicinal cannabis is shipped by a common carrier, as described, the amount shipped to a medicinal cannabis patient in a single day does not exceed specified possession limits, and the package is received and signed for by someone 21 years of age or older. The bill would require the shipment to comply with specified laws and regulations governing cannabis and cannabis products sold by licensed retailers, as provided. If the medicinal cannabis patient is a qualified patient that possesses a valid physician’s recommendation, the bill would require the licensed microbusiness to certify in writing that they verified the recommendation and would require the retailer to keep a copy of that certification for no less than 7 years. The bill would amend the Medicinal Cannabis Patients’ Right of Access Act to, among other things, prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within or shipment into the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a licensed microbusiness, as specified. The bill would also authorize free medicinal cannabis or medicinal cannabis products provided to medicinal cannabis patients in compliance with MAUCRSA to be shipped to those patients by a licensed microbusiness with an M-license, as provided. To the extent this bill would impose additional duties on local jurisdictions, and to the extent the bill would expand the crime of perjury by requiring the licensed microbusiness to certify verification of physician recommendations, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. (c) An unintentional effect of significant changes to the regulatory framework for medical and adult use cannabis created by the passage of the Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, and the Medicinal Cannabis Patients’ Right of Access Act has been an increase and prioritization of more profitable recreational cannabis products accompanied by a significant decline in availability of specialty cannabis products formulated for a small group of medical patients. (d) Because the small population of seriously ill patients is dispersed throughout the state, it is not financially viable for brick and mortar retail dispensaries or local delivery services to stock perishable specialty medicinal cannabis products for the small number of patients who may live nearby. (e) There is a resulting access crisis in California for medical patients with severe and complex conditions that require specialized medicinal cannabis. Experienced cannabis physicians estimate this population is around 4,000 individuals, including children with intractable epilepsy, severe autism, and rare genetic syndromes, and adults with advanced cancers, multiple sclerosis, and dementia. (f) Patients with severe medical conditions have been left without access to appropriate and effective medicinal cannabis product options causing them to experience worsening symptoms and a diminished quality of life. Some patients have been forced to seek unlicensed products, putting their health at further risk. The access crisis has placed an additional burden on families and caregivers who already face significant challenges. (g) It is the intent of the Legislature that this bill will provide a narrow solution that allows patients with severe medical conditions to access medicinally necessary cannabis that they are unable to access through existing cannabis retail and delivery services in their local area. (h) The Legislature does not intend for this bill to facilitate shipping of cannabis products that are easily accessible to medicinal cannabis patients or cannabis consumers via existing retail dispensaries or delivery services. SEC. 2. Section 26071 of the Business and Professions Code is amended to read: 26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met: (1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patient’s primary caregiver. For purposes of this section, “medicinal cannabis patient” includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physician’s recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code. (B) In order to verify the physician’s recommendation, the licensed retailer shall do all of the following: (i) Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician has a license in good standing to practice medicine or osteopathy in the state. (ii) Keep a copy of the patient’s or primary caregiver’s driver’s license or other government-issued identification. (3) Except as provided for under Section 34012.1 of the Revenue and Taxation Code, the cannabis or cannabis products comply with all applicable requirements for cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, shipment, or donation under this division. (4) A licensee intending to donate the cannabis or cannabis products shall designate the cannabis or cannabis products for donation in the track and trace system. If a cultivator certified that the cannabis or cannabis products are designated for donation to medicinal cannabis patients pursuant to Section 34012.1 of the Revenue and Taxation Code, a licensee shall not change that designation pursuant to subdivision (b) of Section 34012.1 of the Revenue and Taxation Code. (5) Before being provided to the patient or primary caregiver, the cannabis or cannabis products have been properly recorded in the track and trace system as belonging to the retailer. (6) The cannabis or cannabis products provided to a medicinal cannabis patient or the primary caregiver of the patient in a single day shall not exceed the possession limits prescribed by Section 11362.77 of the Health and Safety Code. (7) The event shall be properly recorded in the retailer’s inventory records and the track and trace system. The retailer shall include in its inventory records for each medicinal cannabis patient the number of an identification card issued pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or a copy of the physician’s recommendation for no less than four years. If the medicinal cannabis patient is a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physician’s recommendation, the retailer shall certify in writing that they verified the recommendation pursuant to paragraph (2) and shall keep a copy of that certification for no less than seven years. (8) A licensed retailer that donates medicinal cannabis or medicinal cannabis products shall note the donation in their sales invoice or receipt pursuant to Section 26161 of the Business and Professions Code. (b) In addition to the provision of free cannabis or cannabis products in subdivision (a), a licensee that is authorized to make retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. (c) A licensee that is authorized to make retail sales may contract with an individual or organization to coordinate the provision of free medicinal cannabis or medicinal cannabis products on the retailer’s premises. Licensed retailers that are solely authorized to engage in retail sales by means of delivery may provide free medicinal cannabis or medicinal cannabis products by means of delivery. Licensed microbusinesses that are authorized to engage in retail sales of medicinal cannabis solely by means of shipment may provide free medicinal cannabis or medicinal cannabis products by means of shipment. (d) For purposes of this section, ”shipment” means the act of shipping medicinal cannabis or medicinal cannabis products to a medicinal cannabis patient by a licensed microbusiness utilizing a common carrier in compliance with Section 26072. All shipping of medicinal cannabis or medicinal cannabis products by a common carrier shall only utilize the common carrier’s own employees. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. SEC. 3. Section 26071 is added to the Business and Professions Code, to read: 26071. (a) To provide access to medicinal cannabis patients who have difficulty accessing cannabis or cannabis products, a licensee that is authorized to make retail sales may provide free cannabis or cannabis products if all of the following criteria are met: (1) Free cannabis or cannabis products are provided only to a medicinal cannabis patient or the patient’s primary caregiver. For purposes of this section, “medicinal cannabis patient” includes a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, or a person in possession of a valid identification card issued under Section 11362.71 of the Health and Safety Code. (2) (A) A licensed retailer providing medicinal cannabis or medicinal cannabis products pursuant to this section to a qualified patient, as defined under Section 11362.7 of the Health and Safety Code, that possesses a valid physician’s recommendation, shall ensure that the physician is in good standing by following the procedures described in subparagraph (B) before providing the qualified patient with any medicinal cannabis or medicinal cannabis products that a cultivator certified were for donation pursuant to Section 34012.1 of the Revenue and Taxation Code or that are exempt from the use tax pursuant to Section 6414 of the Revenue and Taxation Code. (B) In order to verify the physician’s recommendation, the licensed r [Text truncated for display. Full text available on Congress.gov.]