BUREAU OF CANNABIS CONTROL § 5411. Free Cannabis Goods

§ 5411. Free Cannabis Goods

(a) A retailer shall not provide free cannabis goods to any person. A retailer shall not allow
individuals who are not employed by the retailer to provide free cannabis goods to any person on
the licensed premises.
(b) Notwithstanding subsection (a) of this section, in order to provide access to medicinal
cannabis patients who have difficulty accessing medicinal cannabis goods, a licensee who holds
a Type 10-Retailer M-license, a Type 9-Retailer Non-storefront-M license, or a Type 12-
Microbusiness M-license that allows for retail sales may provide free medicinal cannabis goods
if all of the following criteria are met:
(1) Free cannabis goods are provided only to a medicinal cannabis patient or primary caregiver
for the patient in possession of a valid identification card issued under Section 11362.71 of the
Health and Safety Code.
(2) The cannabis goods comply with all applicable laboratory testing requirements under this
(3) Prior to being provided to the patient or primary caregiver, the cannabis goods have been
properly recorded in the track and trace system as belonging to the retailer.
(4) The cannabis goods shall not leave the licensed premises unless placed in an opaque package
as required for purchased cannabis goods under Business and Professions Code section 26070.1.
(5) The cannabis goods shall be applied toward the daily purchase limit for a medicinal cannabis
customer pursuant to section 5409 of this division.
(6) The event shall be properly recorded in the retailer’s inventory records and the track and trace
(c) In addition to the provision of free cannabis goods in subsection (b) of this section, a licensee
may donate cannabis goods and the use of equipment in compliance with any compassionate use,
equality, or other similar program administered by a local jurisdiction.

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