MEDICAL
Newsom Vetoed Medical Cannabis Mail, Then the Sequel Died
Newsom vetoed a unanimous two-shop medical cannabis mail bill over track-and-trace costs, then the 2026 sequel lost its cannabis text after operators objected.
Gov. Gavin Newsom vetoed a unanimous medical cannabis shipping bill on October 11, 2025, citing a track-and-trace rebuild for two shops. Assembly Bill 1332, by Assemblymember Patrick Ahrens, a Democrat from Silicon Valley, would have let qualifying microbusinesses mail flower and tinctures to patients on common carriers such as FedEx and UPS.
The legislature never took a second vote. In January 2026 Ahrens filed a new shipping bill. By late February the cannabis text was gone after operators objected, and a court later found the same tracking database already out of step with state law.
Two Shops and a 78-0 Assembly Vote
AB 1332 would have opened a narrow mail path inside the Medicinal and Adult-Use Cannabis Regulation and Safety Act. A licensed microbusiness with a medicinal M-license that already combined retail, manufacturing, distribution, and outdoor cultivation could ship certain medical products to a patient in California, until a sunset of January 1, 2029.
The carrier had to use its own employees. The daily amount could not exceed existing possession limits. Someone 21 or older had to sign. If the patient held a physician’s recommendation, the shop had to verify it and keep that file for at least seven years. Eligible goods were limited to flower and tinctures made with non-volatile solvents, mechanical extraction, or infusion. Vape carts, edibles, and concentrates stayed off the truck.
The Senate passed the bill 39-0 on September 10, 2025. The next day the Assembly concurred Assembly concurrence vote of 78-0, with no noes. Clerks enrolled the measure on September 15 and presented it to the governor at 4 p.m. on September 23. No interest group filed a formal opposition while it moved.
HOW AB 1332 MOVED AND DIED
- February 21, 2025: Ahrens introduces the medicinal cannabis shipments bill.
- September 10, 2025: Senate passes it 39-0.
- September 11, 2025: Assembly concurs 78-0 and sends the file to enrolling.
- September 23, 2025: The enrolled bill reaches the governor at 4 p.m.
- October 11, 2025: Newsom vetoes it.
- January 22, 2026: The Assembly strikes consideration of the veto from the file, closing the 2025 bill.
The enrolled statute spoke in categories, not in a headcount. Newsom supplied the headcount in the veto. He said the product limits and license tests left two businesses able to ship.
Newsom Sent the Bill Back Over Track-and-Trace
The governor’s objection was administrative, not moral. In a message returning Assembly Bill 1332 without his signature, he said a direct-shipping program would be “burdensome and overly complex to administer.”
The Department of Cannabis Control (DCC) will need to revamp the California Cannabis Track-and-Trace System, which will take significant resources and time. Moreover, this measure includes numerous restrictions on eligible products – many of which are unclear, overly narrow, or unworkable, adding to the implementation challenge. Given that this measure allows just two businesses to ship medical cannabis directly to patients, the costs of administering this program far outweigh the possible benefits to patients.
Gov. Gavin Newsom, veto message, October 11, 2025
A Senate Appropriations writeup of the Department of Cannabis Control’s own figures put one-time work to change the tracking system at about $269,000 in fiscal year 2026-27, plus about $472,000 a year after that to watch shipments and product rules, paid from the Cannabis Control Fund. Newsom said those sums were too high for a two-shop program and would pull staff off other DCC work. He also said he remained open to other ways to widen safe medical access.
THE COST THE GOVERNOR CALLED TOO HIGH
| Item | Figure |
|---|---|
| DCC one-time track-and-trace changes | $269,000 |
| DCC annual shipment oversight | $472,000 |
| Shops Newsom said could ship | 2 |
| California medical cannabis sales, 2021 | about $540 million |
| California medical cannabis sales, 2025 (estimate) | about $200 million |
| Medical share of the licensed market, 2025 | 4% |
The medical channel had already shrunk by about $340 million from 2021 to 2025, to an estimated $200 million, or 4% of licensed sales. Ahrens had blamed that slide on taxes, rules, and a market that favors adult-use SKUs over medicinal formulas. The veto left those patients on the same store-and-driver system that had already lost most of the medical dollar.
Why the 2026 Sequel Lost Its Cannabis Text
Ahrens did not wait long. In January 2026 he introduced a new shipments bill under the number AB 1564, again limited to specified medical products from specified licensees, with a later sunset of January 1, 2030. On January 22 the Assembly took the 2025 veto off its file, which is how a vetoed bill is formally put to rest.
Clint Kellum, the new DCC chief, told an interviewer on February 20, 2026, that a direct-mail option could be “quite beneficial” to consumers who already buy almost everything else that way. He also said California patients face a confusing split between licensed shops and hemp products that arrive by mail, and that “having more traditional lines like direct-to-consumer would be nice.” Then he put the plan years out, because of federal law.
Six days later the cannabis language was gone. Cal NORML said the text was erased after opposition from some in the cannabis industry, who worried a shipping file would open the door to broader mail-order. Retailers had treated the 2025 bill as a tight medical carve-out that would not hit brick-and-mortar sales. The 2026 objection was the opposite fear: that the carve-out was a precedent.
The number AB 1564 stayed alive as a labor bill on confidential workplace communications. The Senate Appropriations Committee referred that file to the suspense file on August 3, 2026, and held it under submission on August 13. No medical package moved under that number.
Alcohol already had a mail path Newsom had been willing to sign. The same period produced a craft distiller direct-shipper permit with a $125 application fee and a $30 permit fee. Wine already ships to California homes in volume. Cannabis flower still cannot ride in the same truck.
Judge Gabriel’s Order Hits the Same Database
The veto’s load-bearing claim was that the California Cannabis Track-and-Trace System would need a revamp before two shops could mail tinctures. That database, run on Metrc, is the seed-to-sale ledger licensees already feed with tags, transfers, and sales.
On August 4, 2026, Orange County Superior Court Judge Lee Gabriel entered final judgment in HNHPC Inc. v. Department of Cannabis Control, a case brought by the parent of retailer Catalyst. The court found the system does not do what Business and Professions Code section 26067 requires: flag irregularities for investigation. It produces large volumes of reports and raw transaction data. DCC analysts then review that material by hand, without a written definition of an irregular transaction.
Jeff Augustini, the lawyer for HNHPC, said the ruling confirmed the department had failed for more than eight years to field a database that actually flags suspicious activity. The judgment gives DCC six months to set objective criteria so the system can flag on its own, a clock that runs into early 2027. The order does not throw out Metrc. It requires the state to use it as the statute already described.
That is a different failure from the one in the veto, and it is the same machine. Newsom said the ledger could not be stretched to mail. The court said the ledger was not performing the diversion job it already had. Either finding would have been a reason to rebuild the system. Together they mean the $269,000 objection sat on top of a database a judge had already been asked to fix.
Flower, Tinctures, and a Carrier’s Own Staff
The 2025 bill was written to look small on purpose. It tried to keep common carriers inside a medical box, and to keep local governments from walling off the mailbox.
THE LIMITS WRITTEN INTO AB 1332
- Who could ship: Only an M-license microbusiness that already ran retail, manufacturing, distribution, and outdoor cultivation at licensed sites, with flower sourced from its own premises or up to five licensed outdoor gardens.
- What could move: Flower and tinctures made with non-volatile solvents, mechanical extraction, or infusion; no vapes, edibles, or concentrates.
- How it moved: A common carrier using only its own employees, adult signature on delivery, and full track-and-trace and testing rules as if the shop were a retailer.
- Local preemption: Cities and counties could not adopt rules that blocked shipment into the jurisdiction to patients or caregivers, with a short list of remaining local controls on premises and counts.
- Sunset: The shipping authority would have expired January 1, 2029, so the legislature could inspect the results.
Those limits are why Newsom could say only two businesses qualified, and why some shops later feared a sequel. A file that lets two outdoor microbusinesses mail tinctures is also a file that teaches DCC how to log a carrier handoff. Once that handoff exists, the next bill can widen the product list or the license types. Operators who live on delivery drivers and storefronts had a reason to kill the lesson.
Federal law sat under every draft. Kellum named it in February 2026 as the reason California was “a long way off” from ordinary direct-to-consumer cannabis. The employee-only carrier rule was the bill’s attempt to keep the package inside a company’s own workforce instead of a loose contractor chain. It never got tested, because the state never issued the first label.
Patients in Banned Cities Still Have to Drive
The Department of Cannabis Control has said 57% of California cities and counties still prohibit retail cannabis businesses. In those places, medical cannabis is a drive, a friend with a car, or an unlicensed seller. Licensed delivery helps where a retailer can legally send its own staff. It does not help when the product a patient used five years ago is no longer on any nearby menu.
Dr. Laurie Vollen testified for AB 1332 on that gap. She said medicinal products had become “virtually extinct” in the current marketplace, 29 years after California legalized medical marijuana.
Long-term patients cannot find any of the products that they were using effectively five years ago. No dispensary or delivery service has a full complement of medicinal products suitable for serving the needs of a variety of cannabis patients, especially cannabis-naive patients desperately seeking to begin alternatives to dangerous and addictive pharmaceuticals.
Dr. Laurie Vollen, testimony on AB 1332
A Cal NORML supporter put the geography in one line: “I live in a legal cannabis desert, which creates both logistical and financial burdens for obtaining my necessary medication.” The 2025 bill would not have filled every desert. It would have let two qualifying gardens put flower and oil in a tracked box for patients who could show a recommendation and sign at the door.
That box still does not exist. The unanimous bill is vetoed. The sequel is a labor file. The tracking system that could not be adapted for mail is under a court clock to start flagging the diversion it already records. Patients who need a formula their county does not stock still get it the same way they did on October 11, 2025: they drive, they wait, or they go without.
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