8 February – California: AB-1885 Cannabis and cannabis products: animals: veterinary medicine Introduced

Existing law, the Compassionate Use Act of 1996, an initiative measure, authorizes the use of cannabis for medical purposes and provides certain protections to a physician and surgeon who recommends the use of medical cannabis to a patient. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances.

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, provides for the licensure and regulation of commercial medicinal and adult-use cannabis activities and states that the purpose and intent of MAUCRSA is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both medicinal cannabis and medicinal cannabis products for patients with a valid physician recommendation and adult-use cannabis and adult-use cannabis products for adults 21 years of age and over. MAUCRSA defines various terms for these purposes, including “cannabis,” “cannabis products,” “cannabis concentrate,” and “edible cannabis product.”

Existing law, the Veterinary Medicine Practice Act, establishes the Veterinary Medical Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the practice of veterinary medicine and the licensure and regulation of veterinarians. Existing law authorizes the board to revoke or suspend the license of a person to practice veterinary medicine, or to assess a fine, for specified causes, including discussing medicinal cannabis with a client while the veterinarian is employed by, or has an agreement with, a MAUCRSA licensee and distributing advertising for cannabis in California.

Existing law prohibits the board from disciplining a licensed veterinarian solely for discussing the use of cannabis on an animal for medicinal purposes, absent negligence or incompetence. Existing law requires the board to adopt guidelines for veterinarians to follow when discussing cannabis within the veterinarian-client-patient relationship. Existing law prohibits a licensed veterinarian from dispensing or administering cannabis or cannabis products to an animal patient.

This bill would additionally prohibit the board from disciplining a veterinarian who recommends the use of cannabis on an animal for potential therapeutic effect or health supplementation purposes, unless the veterinarian is employed by or has an agreement with a cannabis licensee, as specified. The bill would require the board to adopt guidelines, by January 1, 2024, for veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship, and would require the board to post the guidelines on its internet website. The bill would require that cannabis products intended for animals comply with additional concentration and other standards adopted by regulations of the department.

This bill would revise the definitions of “cannabis products,” “cannabis concentrate,” and “edible cannabis product” under MAUCRSA to include products intended to be used for therapeutic effect or health supplementation use on, or for consumption by, an animal. The bill would exclude from the definition of “animal,” for these purposes, livestock and food animals, as specified.

Existing law, AUMA, authorizes legislative amendment of its provisions with a ²/₃ vote of both houses, without submission to the voters, to further its purposes and intent.

This bill would declare that its provisions further the purposes and intent of AUMA.