Cannabis Appellations Program (CAP)
An appellation of origin is a protected designation that identifies the geographical origin of a product and typically includes production requirements. CDFA’s Cannabis Appellations Program (CAP) will help prevent the misrepresentation of a cannabis good’s origin and promote regional collaboration around cannabis production.
On November 23, 2021, the Office of Administrative Law (OAL) approved the CDFA’s proposed regulations for establishing appellations of origin for cannabis. These regulations took effect January 1, 2022. You can find the latest regulatory text on this page and codified in the California Code of Regulations, Title 3, Division 8, Chapter 2.
On February 2, 2024, the California Department of Food and Agriculture (CDFA) submitted proposed regulations to amend the Cannabis Appellation Program to the Office of Administrative Law (OAL). The proposed regulations effectively require all cultivation activities (i.e., planting, growing, harvesting, drying, curing, grading, and trimming) to occur within the appellation of origin boundary. The proposed regulations also require licensed cannabis cultivators to notify CDFA of the use of the of an appellation of origin.
On March 19, 2024, CDFA held a public hearing to receive comments. Written comments were also submitted to the Department on the same date. The Department revised the proposed regulations in response to the initial set of public comments received. These revisions were released on June 28, 2024, and were subject to additional public comment during a 15-day comment period which ended on July 15, 2024. The latest revisions, released October 4, 2024, are in response to the latest comments received and are consistent with the originally proposed regulations and intended to increase clarity.
The regulatory documents submitted to OAL are available below:
Original Documents Submitted (2/2/24)
Notice of Proposed Rulemaking Action
Initial Statement of Reasons
Proposed Regulation Text
First 15-Day Comment Period Documents Submitted (6/28/24)
Notice of Proposed Rulemaking Action
Addendum to the Initial Statement of Reasons
Revised Proposed Regulation Text
Second 15-Day Comment Period Documents Submitted (10/4/2024)
Notice of Proposed Rulemaking Action
Second Addendum to the Initial Statement of Reasons
Revised Proposed Regulation Text
Any interested person may submit written comments relevant to the proposed regulation. A 15-day written comment period closes at midnight on Monday October 21, 2024. Written comments may be submitted to the Department by mailing:
Cannabis Appellations Program
California Department of Food and Agriculture
Office of Environmental Farming and Innovation
1220 N Street, Sacramento, CA 95814
or emailing: CannabisAg@cdfa.ca.gov
All comments received by October 21, 2024, and pertaining to the indicated changes will be reviewed and responded to by the Department’s staff as part of the compilation of the final rulemaking file. Please limit your comments to the modifications to the text.
CDFA will provide public notice to announce the opening of appellation of origin petition. Petitions received prior to the official announcement from the Department will not be accepted. Please sign up for the program's mailing list to receive program updates and to receive direct notice of the opening of the program.
Prior to accepting petitions to establish an appellation, the Department is developing the administrative structure for the appellations program and establishing a review structure to support the fair and thorough evaluation of petitions.
On June 16th, 2022 the Department hosted a webinar to discuss program status and receive stakeholder input.
Workshop Topics:
Purpose, Program History and Status, Petitions for Appellations of Origin, Petitioning Process, Petition Review, Accepting Petitions, and Questions and Comments.
Final Regulatory Documents
Cannabis Appellations Program Regulatory History
On February 20, 2020, CDFA released the originally proposed regulations. The release marked the official start of the public comment period provided under California law. All interested parties were encouraged to submit comments about the proposed regulations by May 6, 2020. CDFA also received public comments during a virtual hearing on May 6, 2020.
Initial Notice Documents (45-Day Comment Period)
- Notice of Proposed Rulemaking
- Text of the Proposed Regulations
- Initial Statement of Reasons (ISOR)
- Economic and Fiscal Impact Analysis Report
CDFA announced modifications to the proposed appellations regulations and the first additional public comment period was October 2 to 19, 2020. The proposed regulations were subsequently modified, prompting several additional comment periods during 2021; March 5 to April 12, June 3 to June 18, and September 27 to October 12.
First Additional Comment Period Documents (15-Day Comment Period)
- Notice of Modifications to the Text of the Proposed Regulations
- Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
Second Additional Comment Period Documents (15-Day Comment Period)
- Extension Notice of Modifications to the Text of the Proposed Regulations
- Notice of Modifications to the Text of the Proposed Regulations
- Second Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
Third Additional Comment Period Documents (15-Day Comment Period)
- Notice of Modifications to the Text of the Proposed Regulations
- Addendum to the Initial Statement of Reasons (ISOR)
- Modified Text of the Proposed Regulations
Fourth Additional Comment Period Documents (15-Day Comment Period )
Subscribe to the Cannabis Appellations Program Updates
Subscribe to the Cannabis Appellations Program Mailing List.
Program Status
CLOSED
Program is not accepting applications at this time.
Resources
Statues Guiding the Development of Cannabis Appellations.
- Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA, Senate Bill 94 and Assembly Bill 133, 2017) set up a basic framework for regulating cannabis businesses in California. It requires CDFA to establish a process by which licensed cultivators may establish appellations of standards, practices, and varietals applicable to cannabis grown in a certain geographical area in California.
- Senate Bill 185 (Chapter 841, Statutes of 2019) expanded MAUCRSA’s labelling of origin protections by prohibiting labeling or marketing of cannabis with an appellation of origin, or any similar name likely to mislead about its origin, unless the 100% of cannabis in the product meets the appellation of origin requirements.
- Senate Bill 67 (2019-2020 Regular Session) limits participation in the appellations program to outdoor licensees cultivating in the ground under full sun without use of structures.
- AB141 (Budget Act of 2021) transferred the authority to create and implement cannabis cultivation regulations from CDFA to the Department of Cannabis Control.