Feb. 11-17, 2020 Dispensary Compliance Updates

by Jayson Filingeri,

Near-Term Updates

In Maine, the Office of Marijuana Policy executed a six-year contract for marijuana track and trace services with Metrc. The service will first be deployed in Maine’s emerging adult use marijuana program. It is expected that adult use sales will begin mid-March. Following the successful launch of Metrc, OMP and Metrc will shift their focus to introducing the track and trace solution to Maine’s existing medical marijuana program.

In Montana, the Department of Public Health and Human Services (DPHHS) has posted the new rules, which are set for a public hearing on Feb. 20. These rule changes are intended to help DPHHS implement the provisions of Senate Bill 265, a large medical marijuana reform law that the Montana Legislature approved last year. One of the biggest changes in that law will be “untethering” patients and providers – removing the requirement that patients get marijuana from only a single provider.

In Michigan, the Marijuana Regulatory Agency will hold a public hearing on February 12, 2020 to receive public comments on the proposed combined topic-based rule sets. Each rule set is published on the Office of Regulatory Reinvention’s website and in the February 1, 2020 issue of the Michigan Register. Public comments on the proposed rules may be presented in person at the public hearing, or via email to MRA-Legal@michigan.gov until February 17, 2020.

In Oklahoma, the OMMA has submitted new rules for the administration of medical marijuana. The public comment period is now open until March 7. On Thursday, more than a hundred medical marijuana advocates gathered at the Capitol to protest proposed legislation that seeks to add increased regulations on the industry.

In Alaska, AMCO proposed rule changes to cannabis purchase limits that are set for public comment until March 13, 2020. 3 AAC 306 would make it clear that a retail marijuana store may not sell to any one person per day more than 5,600 milligrams of THC in combined sales of marijuana and marijuana product.

Looking Ahead

In California, AB-2122 was introduced on February 6th and would impose new enforcement actions to deter unlicensed cannabis sales. Specifically, “A person aiding and abetting unlicensed commercial cannabis activity shall be subject to civil penalties of up to thirty thousand dollars ($30,000) for each violation. Each day of operation of unlicensed commercial cannabis activity that a person is found to have aided and abetted shall constitute a separate violation.”

In Massachusetts, the Cannabis Control Commission launched an online tool to track local marijuana policies. The “Municipal Zoning Tracker” will help license applicants, cities, towns, and the public identify the status of adult-use cannabis zoning and related policies across the Commonwealth’s 351 cities and towns.

In Nevada, Assembly Bill 533 – Cannabis Control Board (Effective Jan. 1, 2020) created the Cannabis Compliance Board and prescribes the membership and duties of the Board. New rules related to purchase limits and labels become effective July 1, 2020.

New Market Watch

The Florida Supreme Court scheduled oral arguments for April 22nd in a case challenging the state’s requirement for medical cannabis businesses to be vertically integrated.

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