Mar. 3-9, 2020 Dispensary Compliance Updates

by Jayson Filingeri,

This Week:

In California, the BCC announced that beginning March 1, 2020, cannabis retailers may provide free cannabis or cannabis products to qualified medicinal patients or their primary caregivers. Any licensee may designate cannabis or cannabis products that they hold in their inventory for donation, but only a licensed retailer may provide those donated items directly to the medicinal consumer. “All items intended for donation must be marked as such in Track-and-Trace. A bulletin with step-by-step instructions for designating new or existing packages of cannabis, cannabis products, and immature plants and for entering retail donations these items has been posted in the California Cannabis Track-and-Trace system.”

The CDTFA approved a formal rulemaking process to permanently adopt Cannabis Tax Regulation 3702 to:

(1) specify that a distributor and cannabis retailer are required to input the retailer’s wholesale cost of cannabis or cannabis products in an arm’s length transaction; and

(2) specify that a cannabis retailer is required to input their retail sales price of cannabis or cannabis products when sold to its customers.

In Washington, the WSLCB issued an enforcement bulletin clarifying and reminding licensees that home delivery of marijuana is prohibited. The bulletin states, “[s]ome companies claim to have found a way around the delivery prohibition, but to date there is no legal method for commercial delivery of cannabis from a retailer to consumer off premises.”

Looking Ahead:

In Alaska, the public comment period for proposed purchase limit changes ends on March 13th. After the public comment date, AMCO may choose to immediately adopt the proposed changes.

In Maine, according to the Office of Marijuana Policy, Maine is months away from recreational marijuana sales. “We’re expecting stores to start opening up in late Spring,” Office of Marijuana Director of Engagement and Community Outreach Policy David Heidrich said. “Definitely by July.” In total, the state department has received 93 store applications, with about 80 of them currently being reviewed for a conditional license.

The state legislature’s Criminal Justice and Public Safety Committee held a hearing on plans to create a new division of the Maine Drug Enforcement Agency dedicated to cannabis crimes. Marijuana advocates see the proposal to investigate marijuana crimes as an effort to outlaw the drug again.

In Michigan, Marijuana Regulatory Agency (MRA) announced a phase-out process for the transfer of marijuana and marijuana products into the regulated market from caregivers. The phase-out process begins immediately and ends on September 30, 2020 with a final termination of all external marijuana transfers.

In Nevada, Gov. Steve Sisolak has appointed Jerrie Merritt as the third member of the five-person Cannabis Compliance Board. Merritt served as SVP of the Bank of Nevada and was previously Chair of the Urban Chamber of Commerce. The Cannabis Compliance Board is required to have a cannabis industry expert, an attorney, a doctor, a finance expert, and law enforcement. The new Board is slated to assume regulatory control of Nevada’s cannabis industry in July.

In Oklahoma, the OMMA has submitted new rules for the administration of medical marijuana. The public comment period ends on March 7th.