My Petition for the Amendment

Petition to Amend California Cannabis Regulations to Permit Alcohol-Based Tinctures

To: California Department of Cannabis Control (DCC)

Subject: Petition to Amend Regulations to Permit the Manufacturing and Sale of Alcohol-Based Cannabis Tinctures

Date: October 29, 2024

Petitioners: Cara Luhring et al.

Introduction:

We, the undersigned, respectfully petition the California Department of Cannabis Control (DCC) to amend the existing cannabis regulations to explicitly permit the manufacture, distribution, and sale of alcohol-based cannabis tinctures. This petition aims to update the regulatory framework to support innovation, enhance consumer choice, and promote economic growth for tincture manufacturers while ensuring product safety and compliance.

Background

Currently, the DCC regulations do not allow for alcohol-based tinctures to be manufactured, marketed, or sold unless the ethanol used is denatured or the alcohol content remains minimal, preventing the creation of consumable alcoholic products. This restriction limits the development of certain traditional and effective tincture formulations that use food-grade alcohol as a solvent to extract cannabinoids and terpenes from cannabis.

Alcohol-based tinctures offer significant benefits, including:

• Increased Potency: Alcohol as a solvent extracts a higher concentration of cannabinoids and terpenes, leading to more effective and potent tinctures for consumers seeking medical and wellness solutions.

• Traditional Use: Alcohol-based tinctures have been used historically as an effective method for cannabinoid delivery, providing a familiar and effective option for patients and consumers.

• Economic Opportunity: Allowing alcohol-based tinctures would stimulate growth within the industry, providing economic opportunities for small and medium-sized cannabis manufacturers and promoting diversity in the market.

Proposed Amendments

We propose the following amendments to the current regulations to accommodate alcohol-based tinctures:

1. Definition Update:

   Amend regulations to include a specific definition for “alcohol-based cannabis tinctures” as cannabis-infused solutions where ethanol is the primary solvent for cannabinoid extraction, resulting in a liquid product for oral, sublingual, or other non-combustion consumption.

2. Permitted Use of Alcohol:

   Allow food-grade ethanol to be used as a solvent in tincture production, with a defined maximum alcohol content of up to 25% by volume in the final product to ensure consumer safety and compliance with health regulations.

   Establish that ethanol used in tincture production does not require denaturing if intended solely for cannabis tincture manufacturing and consumption.

3. Licensing and Compliance Requirements:

   Permit tincture manufacturers to use Type 6 (Non-Volatile Solvent Manufacturer) and Type N (Infusion Manufacturer) licenses for the production of alcohol-based tinctures without additional alcohol licensing requirements.

   Develop a streamlined approval and compliance process for alcohol-based tincture manufacturers to ensure quality control, including standardized testing for alcohol concentration, cannabinoid content, and contaminants.

4. Packaging and Labeling Standards:

   Implement specific labeling requirements for alcohol-based tinctures, including:

   Alcohol content percentage

   Clear health and safety warnings

   Proper child-resistant and tamper-evident packaging requirements

   Provide flexibility in packaging standards to accommodate the traditional dropper bottles used for tinctures.

5. Tax Incentives and Support Programs:

   Introduce a 10% tax credit on excise taxes for tincture manufacturers to support and encourage the development of this product category, particularly for small and medium-sized businesses.

   Establish a support program for manufacturers transitioning to or expanding their production to include alcohol-based tinctures, including access to technical assistance, low-interest loans, and grants for research and development.

Rationale

This petition is submitted with the intent to modernize and align California’s cannabis regulations with consumer demand, industry needs, and traditional tincture formulations. By allowing alcohol-based tinctures, the DCC will:

• Foster Innovation: Create a more diverse and innovative marketplace, encouraging manufacturers to explore and develop a broader range of products that meet consumer needs.

• Support Small and Medium Businesses: Provide economic opportunities to smaller manufacturers who can capitalize on the growing market demand for potent and effective tinctures.

• Expand Consumer Choice: Offer consumers the option to choose alcohol-based tinctures as a delivery method for cannabinoids, meeting the needs of medical patients and wellness users who prefer or require such formulations.

Conclusion

We respectfully request that the DCC consider these proposed amendments to allow the manufacture and sale of alcohol-based cannabis tinctures in California. We believe that this change will promote economic growth, innovation, and consumer safety within the state’s cannabis industry.

Sincerely,

Cara Luhring