California CodesBusiness and Professions Code - BPCDivision 10 — CannabisChapter 3 — EnforcementSection 26033

(a) A qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity and is therefore exempt from the licensure requirements of this division.

(b) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code, but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code, is exempt from the licensure requirements of this division.

Notes

Exempts a qualified patient from commercial-cannabis licensing when cannabis activity is exclusively for personal medical use and involves no provision, donation, sale, or distribution to others. It also exempts a primary caregiver serving no more than five specified patients without remuneration except compensation allowed by the referenced Health and Safety Code provision.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 26033 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-10/chapter-3/section-26033

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