Student presentation examines the cannabis appellation program in California

Following a well-derserved Spring Break, students in my Marijuana Law, Policy & Reform seminar get back to "taking over" my class through presentations on the research topics of their choice.  As I have explained before, students are expected to provide in this space some background on their topic and links to some readings or relevant materials.  The first of our presentations taking place in class next week will be looking at the cannabis appellation program in California. Here is how my student has described his topic along with background readings he has provided for classmates (and the rest of us):

Barrowing a powerful tool from California’s native wine-industry, marijuana-renowned regions in the Golden State will soon be able to cash in on their reputations as high-quality cannabis cultivators.  A state program will permit the creation and enforcement of unique appellations of origin for cannabis products.  According to the California Department of Food and Agriculture, an appellation of origin is a protected designation that identifies the geographical origin of a product and typically includes production requirements.  As the rules take effect, the various terroirs of Humbolt County may become as widely recognized for marijuana as the subregions of the Napa Valley have become known for wine.  North Mendocino Coast Cannabis may eventually pack the promotional punch of Bordeaux, Gruyere Cheese, and Prosciutto di Parma.

My research will examine how an appellation program works as well as the general benefits and costs of one to producers, consumers, and other stakeholders.  While California is the first state to launch a Cannabis Appellation Program, this paper will discuss whether the legal tool of appellation would benefit other states given the current political, legal, and economic forces at play across the country.  California’s unique status as a first mover in the space, its legislative and regulatory knowledge of wine appellation programs, and the likely high value of its appellations compared to other states will be considered.  In the legal context, the impact of increased state legalization and federal rescheduling will be explored.  While potential federal rescheduling of marijuana may not immediately lead to interstate commerce, the federal government’s softer stance on the substance along with an increase in states legalizing recreational marijuana, may lead to a rise in legal products illicitly transported across state borders.  As more products from places like California and Colorado find their way across the country, producers in those states may desire to prevent the misrepresentation of a cannabis good’s origin to protect the brands of cultivators at home.  This paper will explore these dynamics and others to establish whether an appellation program makes sense outside of California.

Additional reading:

Mabi Vásquez, 3 Benefits And 3 Disadvantages Of The Designations Of Origin, Agavache (2021)

Cannabis Appellations Program (CAP), California Department of Food and Agriculture

Cannabis Appellations Program Proposed Text of Regulations, California Department of Food and Agriculture (2024)

Designation of Origin Regulations Comment Letter, Origins Council (2022)

Marcus Crowder, New appellations would celebrate individual terroir of cannabis strains, San Francisco Chronicle, Sept 22, 2020