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Tuesday 23 April 2019

Regulation and Compliance in the Cannabis Industry

 
Regulation of the cannabis industry is done by a number of bodies, primarily cannabis authorities who oversee the setting up and running of the newly legal medical and/or recreational industry. Regulatory bodies are typically one of the first entities set up when a state or country decides to legalize medical or recreational cannabis.  They typically consist of 5-6 members usually with past experience in other regulatory bodies. Regulatory authorities typically draft the rules, get consensus and then frame the regulations which are generally approved by lawmakers. They then communicate the regulations to all and ensure that new businesses comply with the rules through inspection and review. Some commissions are known to hire external consultants to draft their regulations. Cannabis regulatory bodies report progress on legalization as well as recommend changes to laws so as to ease the process of legalization. Other regulatory bodies like the FDA, health and agricultural departments also play their role. Where cannabis is illegal, a cannabis regulatory body is more or less nonexistent with regulation being primarily done by law enforcement or drug enforcement agencies treating non-compliance with prison sentences.
 
Some of the key areas where regulations are put in place are in determining the types and numbers of licenses, setting the limits for cannabis grow areas, setting guidelines for pesticide and fertilizer use, determining testing standards for produce to ensure that they are free of contaminants, ensuring that product packaging contains all the required information, ensuring that cannabis is kept out of reach of non-adults, setting retail guidelines including zoning rules, setting distribution and storage guidelines, monitoring energy consumption and waste disposal, defining branding and advertising guidelines, etc. Regulatory bodies also review current status of the industry and look at potential new directions in which the industry could progress such as social consumption areas, cannabis tourism, home delivery, banking, etc. Ensuring equity in setting up of cannabis businesses is one of the key areas that regulatory bodies aim to focus on probably more than they are currently doing.

Countries like Canada and Uruguay have national level regulatory bodies while the US has mostly state level regulatory bodies since the plant is still illegal at the federal level. In some US states, the cannabis control commission is part of the alcohol and/or tobacco regulation authorities.

It is interesting to note that before the 19th century in India, there was absolutely no regulation of any sort for cannabis. Cannabis had been used for thousands of years across the length and breadth of the country. Anybody who wanted to grow cannabis grew it. Anybody who wanted to sell cannabis sold it. Anybody who wanted to buy cannabis bought it. Society did not self-destruct. Men usually took up cannabis consumption after the age of 18. Women took it up when they were much older. The percentage of so-called excessive users were said to be in the range of 5% of all consumers, and these were said to be the religious mendicants who lived in adverse conditions but still maintained excellent physical and mental health. It was when the ruling classes decided to step in to earn more revenue from their alcohol, tobacco and opium that they started putting in the regulations and curbs on the users. This came in the form of licenses for cultivation, wholesale and retail. Home growing was severely dealt with. A preventive legal structure was established. All this served to slowly stifle and kill the cannabis culture in India. What we are now seeing in the world today, as it emerges from cannabis prohibition, is a reversal of this process.
 
My thinking that the regulatory body is an intermediate step in the long term legalization of cannabis, a sort of set of balancing wheels for society as it re-learns how to live with cannabis. At some point of time in the future, a regulatory body for cannabis should become as necessary as a regulatory body for tea or turmeric. The regulations governing cannabis should become the same as regulations for any other agricultural produce. In that sense the black market may be closer to the ideal in terms of cannabis regulation. Unfortunately since the black market is illegal, there is incentive to make profits through unscrupulous means and no basic laws governing it to protect the grower and consumer like there are in a legal market for any other agricultural produce. When cannabis has as much regulations as any other normal agricultural produce will be the time when society has once again matured in terms of its relationship with cannabis

Related articles

The following set of articles related to the subject are taken from various media. Words in italics are the thoughts of yours truly at the time of reading the article.  
 
 
'“States in the highest EVALI-quintile tended to either ban all marijuana use or have [medical cannabis] laws prohibiting home cultivation,” the researchers wrote. Most states with adult-use laws, meanwhile, “fell into the lower two quintiles for EVALI prevalence,” the study says.

The findings support what legalization advocates have long argued: that access to safe, legal cannabis is far preferable from a public health standpoint than sales on the illegal market, where products are unregulated and rarely tested for safety.

“Simply put,” the study says, “if the public can obtain products legally from reputable sources, there is less demand for illicit products.”'

https://www.marijuanamoment.net/lung-injuries-tied-to-contaminated-vapes-were-less-common-in-states-with-legal-marijuana-and-homegrow-study-finds/

 
'You see?' said the official, examining the ultra-titanium out seals of the aorist rod hold. 'Perfectly secure, perfectly safe.'
He said the same thing as they passed holds containing chemical weapons so powerful that a teaspoonful could fatally infect an entire planet.
He said the same thing as they passed holds containing zeta-active compounds so powerful that a teaspoonful could blow up a whole planet.
He said the same thing a they passed holds containing theta-active compounds so powerful that a teaspoonful could irradiate a whole planet.
'I'm glad I'm not a planet,' muttered Zaphod.
'You'd have nothing to fear,' assured the official from the Safety and Civil Reassurance Administration.'

- Young Zaphod Plays It Safe, The Hitchhiker's Guide to the Galaxy, The Complete Trilogy of Five, Douglas Adams


'There’s a lot more to growing cannabis in a regulated market than soil and water, and even one honest error can cause a severe regulatory failure.

Fortunately, newly legalized states have the advantage of learning from past mistakes and best practices of established legal markets.'

https://mjbizdaily.com/3-ways-to-avoid-regulatory-failure-in-cannabis-cultivation/


'Regulators from California, Colorado, Hawaii, Illinois Massachusetts, Minnesota, Nevada, Oregon, Utah and other states were among those who participated in the meeting.

“One particular thing we want to ensure is that there’s consideration for existing state frameworks,” Brisbo said. “There’s been a lot of time and investment and engagement with stakeholders in the various states that have legalized in their specific frameworks—and there are some differences, and those things aren’t necessarily accidents.”

“There are some deliberate measures to honor the will of the people in those states and establish structures that work on the state level,” he continued. “We want to ensure that that’s given consideration in any sort of federal policy reform—that the progress that states had made, and the things that are successful in those individual states, aren’t just overrun by a federal policy approach.”'

https://www.marijuanamoment.net/federal-officials-meet-with-state-marijuana-regulators-to-discuss-legalization-impacts/


'“Beginning Monday, business entry into the adult-use marijuana market will be more accessible for all Michiganders, as the requirement to hold a license on the medical side of the industry will be removed,” said MRA executive director Andrew Brisbo in the release.

The eligibility requirement is being removed for five license types:

- Marijuana retailer.
- Marijuana processor.
- Class B marijuana grower.
- Class C marijuana grower.
- Marijuana secure transporter.'

https://mjbizdaily.com/michigan-loosens-eligibility-requirements-for-recreational-cannabis-licenses/


'“Our intent in forming this organization is to have CANNRA serve as a resource for policymakers, elected officials, researchers and other stakeholders to engage with regulators from across the country and receive unbiased information and recommendations regarding the impact and implementation of cannabis policies,” Birenbaum said.

CANNRA founding members include the principal cannabis regulators from 19 states: Colorado, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Dakota, Oregon, Rhode Island, Utah and Washington.'

https://mjbizdaily.com/us-marijuana-regulators-to-share-best-practices-inform-on-legalization/


'"Unregulated illicit market cannabis products, like products in an unregulated marketplace, are of variable quality and may put some consumers at risk," Armentano said. "These incidents linked to the use of unregulated, illicit market vapor cartridges reinforce the need for greater market regulation, standardization, and oversight — principles which NORML has consistently called for in the cannabis space. Consumers must also be aware that not all products are created equal; quality control testing is critical and only exists in the legally regulated marketplace."'
https://norml.org/news/2019/08/29/hospitalizations-linked-to-use-of-unregulated-vapor-cartridges


'Members of the state's Cannabis Control Commission decided this week in favor of regulations to establish licensing for retail cannabis deliveries and for limited on-site consumption facilities.'
https://norml.org/news/2019/09/26/massachusetts-regulators-vote-in-favor-of-cannabis-deliveries-on-site-consumption-facilities


'A few things that do not work well should be phased out, including the excessively detailed labelling of cannabis products, a cap on the THC percentage that is permitted in such products and overzealous drug-awareness campaigns and messaging. These measures have had the opposite of their intended effects. The priority should be to facilitate research, which will help to inform education and policy agendas as the cannabis industry takes root.

Incremental progress is being made in pursuing policies that support crucial medical research that might unearth discoveries that could benefit millions of people and protect public health, in both the United States and abroad. Here’s to a dab of optimism about what the future could hold.'
https://www.nature.com/articles/d41586-019-02531-6


Cannabit from New Frontier Data...
  • The 29 U.S. states having reporting licensed hemp cultivation acreage total nearly half a million acres in combined cultivation land area, a massive increase over 2018’s combined U.S. total of just over 100,000 acres.
  • Colorado leads the nation in hemp cultivation and processing land area with over 80,000 acres reported.
  • Oregon, Kentucky, Tennessee, and Montana lead in hemp program expansion efforts.
  • Tennessee leads in total hemp licenses issued in 2019.
  • At least 70% of the 2019 U.S. hemp harvest is intended for extract production.
  • California is poised to be the top-producing hemp state for both conventional and organic production as thousands of acres have already been planted in 2019'

https://newfrontierdata.com/marijuana-insights/hemp-licenses-issued-by-state-2019/


'CannaSafe also tested 10 of the unregulated cartridges for pesticides. All 10 tested positive.

The products all contained myclobutanil, a fungicide that can transform into hydrogen cyanide when burned.'
https://www.nbcnews.com/health/vaping/tests-show-bootleg-marijuana-vapes-tainted-hydrogen-cyanide-n1059356


'Colorado and Washington were the first two states in the United States to legalize the production of cannabis for non-medical use, in 2012. However, prior to legalization, those states and others, such as California, had various regimes in place that permitted or tolerated the production and sale of cannabis for medical use, which allowed people with a range of conditions that were not well-defined to gain access to cannabis. The states of Colorado and Washington, for which more long-term trend data are available, are interesting case studies for examining the public health and public safety outcomes that have emerged in the years since the production of cannabis for non-medical use was legalized.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'In addition to Vermont, Illinois is another state in which measures allowing the non-medical use of cannabis were passed through the state legislature rather than through voters’ initiatives, as was the case in the other states that have legalized the nonmedical use of cannabis. In May 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act, which was signed by the state Governor in June. The sale of cannabis for non-medical use began on 1 January 2020. Under the law, adults aged 21 and older are allowed to purchase and possess up to 30 g of cannabis flower, edibles with a maximum of 500 mg of THC, or 5 g of cannabis concentrates. Non-residents of Illinois will be allowed to purchase half of those amounts. As in some other states, individual cities, villages and municipalities have the option to decide whether to allow the non-medical use of cannabis in their jurisdictions by passing ordinances. Nonetheless, local governments may neither prohibit home cultivation of cannabis nor “unreasonably prohibit” its non-medical use.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'After the cannabis regulations were adopted and sales began in October 2018, retail sales of nonmedical cannabis online and in cannabis stores up to September 2019 totalled some 908 million Canadian dollars, or an average of Can$24 (approximately $18) per capita. Although Ontario had the smallest number of retail outlets, it had the highest retail sales (Can$216 million), followed by Alberta (Can$196 million) and Quebec (Can$195 million), by the end of September 2019. Out of the total of Can$908 million, most sales were made through bricks-and-mortar stores (Can $788 million), while online retail sales (Can$120 million) accounted for 13 per cent. Direct-to-consumer trade by wholesalers, which includes retail sales by public sector stores classified as wholesalers, accounted for 1.9 per cent over the same period.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'In most provinces, the retail licensing regime is similar to that regulating the sale of liquor, and cannabis is sold through licensed retailers (private sector), provincial retail stores (public sector) and online. Many provinces have adopted a hybrid model that allows either public or private physical retail outlets together with online retail controlled by regulatory authorities, or a combination of all three. With the exception of the Nunavut territory, all the provinces and territories allow retail sales of cannabis products online. British Columbia and Yukon are the only province and territory that allow all three modes, while Alberta, Manitoba, Newfoundland and Labrador, Ontario and Saskatchewan have allowed private bricks-and-mortar retail stores.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf
 
 
'Mr. Beeblebrox, let us make one thing perfectly clear...'
'Yeah, let's,' said Zaphod. 'How about this for a start. Why don't you just tell me what's really on this ship.'
'We have told you,' said the official. 'By-products.'
Zaphod exchanged weary glances with himself.
'By-products,' he said. 'By-products of what?'
'Processes,' said the official.
'What processes?'
'Processes that are perfectly safe.'
'Santa Zarquana Voostra!' exclaimed both of Zaphod's heads in chorus. 'So safe that you have to build a zarking fortress ship to take the by-products to the nearest black hole and tip them in! Only it doesn't get there because the pilot does a detour - is this right? - to pick up some lobster? OK, so the guy is cool, but...I mean own up, this is barking time, this is major lunch, this is stool approaching critical mass, this is...this is...total vocabulary failure!
'Shut up!' his right head yelled at his left. 'We're flanging!'
He got a good calming grip on the remaining beer can.'

- Young Zaphod Plays It Safe, The Hitchhiker's Guide to the Galaxy, The Complete Trilogy of Five, Douglas Adams

 
'According to the new cannabis regulations, the federal Government of Canada is responsible for setting the requirements for those who grow and produce cannabis, including the types of cannabis products available for sale. For example, the regulations were amended in October 2019 to allow the production and sale of edible cannabis, cannabis extracts and topicals, and the sale of those products began gradually from December 2019. The provincial and territorial governments, for their part, are Responsible for developing, implementing, maintaining and enforcing systems to oversee the distribution and sale of cannabis.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'To monitor the outcome of the new cannabis regulations, the Government of Canada has invested in a formal system that may eventually help to evaluate their impact and support the further development of policies and programmes. One of the main measures taken to that end is a cannabis survey that established a baseline in 2018 and is repeated every quarter in order to provide objective information on trends in the use of cannabis products, both medical and non-medical, as well as on how the legal cannabis market has evolved over time.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'The objectives of the current cannabis legislation in Canada are to keep cannabis away from young people (under 18 years of age), to prevent criminals from profiting from the distribution and sale of cannabis and to safeguard public health and safety by allowing adults (aged 18 and older) legal access to cannabis. Under the constitutional division of powers in Canada, the federal Government and provincial governments have different responsibilities. As the provinces historically developed their own systems to regulate the sale of alcohol, a similar approach has been applied to regulate the non-medical use of cannabis products.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'Cannabis regulators in Canada’s Northwest Territories (NWT) reduced prices of legal marijuana products by 10% in an effort to eliminate illicit marijuana sales.

 The price cuts, which took effect July 2, apply to all cannabis products sold by the Northwest Territories Liquor and Cannabis Commission (NTLCC), the NWT government said.

“With close to two years of legal sales, NTLCC has a better understanding of the operating costs associated with the distribution and sale of cannabis and is confident that it can reduce the price of these products while continuing to maintain a safe and secure retail regime,” the agency noted.'
https://mjbizdaily.com/canadas-northwest-territories-cuts-cannabis-prices-to-fight-illegal-market/


'In the dim control room that extended in a broad row from the craft's blunt prow, four heads were gathered round a computer display that was analysing the very, very faint and intermittent signals that were emanating from deep on the seabed.
'That's it,' said the owner of one of the heads finally.
'Can we be quite sure?' said the owner of another of the heads.
'One hundred per cent positive,' replied the owner of the first head.
'You're one hundred per cent positive that the ship which is crashed at the bottom of this ocean is the ship which you said you were one hundred per cent positive could one hundred per cent positively never crash?' said the owner of the two remaining heads. 'Hey'- he put up two of hands - 'I'm only asking.'
The two officials from the Safety and Civil Reassurance Administration responded to this with a very cold stare, but the man with the odd, or rather the even number of heads, missed it. He flung himself back on the pilot couch, opened a couple of beers - one for himself and the other also for himself - stuck his feet on the console, and said, 'Hey, baby,' through the ultra-glass at a passing fish.'

- Young Zaphod Plays It Safe, The Hitchhiker's Guide to the Galaxy, The Complete Trilogy of Five, Douglas Adams


'How Does a Dispensary Compliance Specialist Do Her Job?
The legal weed business has a million rules and regulations. Here’s what it’s like to be the person in charge of dealing with them.'
https://slate.com/business/2018/10/marijuana-dispensary-compliance-specialist-weed-industry-jobs-colorado.html


'The case has put marijuana retailers on edge and underscored the need for strict compliance with customer and patient sales limits.

That can be accomplished with technology and compliance training, according to industry experts, who provided Marijuana Business Magazine with tips to comply with customer and patient sales limits.'
https://mjbizdaily.com/technology-cannabis-companies-compliant/


'“There are so many circumstances where people with access to financial resources will jump in headfirst with their business plan,” said Benton Bodamer, a Columbus, Ohio-based attorney with the law firm Dickinson Wright.

“And while that is a very entrepreneurial thing to do, it’s a mindset that is often accompanied by a failure to bring the financial and legal opinions into the room as decisions are made.'
https://mjbizdaily.com/choosing-legal-structure/


'“To support the new hemp seed industry, New Zealand Food Safety have produced two new guides - A guide to hemp seeds as food and A guide to labelling food containing hemp seeds. These provide information on the what hemp seeds or hemp seed products are allowed as food, what rules need to be met and how to meet them, and what information needs to be included on the label.'
https://newsie.co.nz/news/125949-hemp-seed-can-be-sold-as-food.html


'Oregon’s cannabis industry needs to be regulated by one independent agency instead of three separate bodies, according to a report drafted by the Oregon Cannabis Commission.

The study concluded that having the marijuana industry regulated by three government agencies creates the potential for conflict and an inconsistent vision, the Salem Statesman Journal reported.

Cultivators, in particular, were cited in the report as finding the three-pronged approach “confusing and difficult to navigate.”'
https://mjbizdaily.com/oregon-needs-one-agency-to-regulate-cannabis/


'Of the 354 licensed outdoor recreational grow sites inspected by the Oregon Liquor Control Commission (OLCC) between September and early November, 95 licensees – 27% – were found to have discrepancies or shortcomings in their harvest activities, and 41 face possible revocation of their cultivation licenses.

The compliance checks were scheduled during outdoor harvest season after the OLCC identified harvest as an “opportunity for diversion” – and they illustrate how serious Oregon regulators are about preventing legally grown marijuana from making its way to the black market.'
https://mjbizdaily.com/chart-dozens-of-marijuana-licenses-at-risk-after-oregon-inspections/


Although California’s final cannabis industry regulations will reportedly be completed Monday, many industry insiders likely won’t be able to read them until January.'
https://mjbizdaily.com/final-california-marijuana-industry-rules-may-not-be-made-public-until-january/


'In a news release, the state said none of the applicants met the “rigorous requirements of the competitive application review process.”'
https://mjbizdaily.com/pa-rejects-medical-cannabis-research-cultivators/


'The long-awaited final versions of California’s cannabis business regulations have been published online by the three agencies that oversee the industry.

While the rules will not be completely finalized until approved by the Office of Administrative Law (OAL) – and therefore could undergo more changes – the agencies decided to release them before an OAL signoff, which may not be until sometime in January.'
https://mjbizdaily.com/california-releases-drafts-of-final-marijuana-business-regulations/



Delivery is the big winner; white labeling is permitted; packaging regulations changed – again; track-and-trace, ownership disclosures and MJ sample collection challenges exist.

'California regulators have wrapped up their third and final version of new regulations governing the state’s multibillion-dollar cannabis market, drawing mixed reviews from industry experts who’ve been closely watching the rulemaking process since it began over the summer.'
https://mjbizdaily.com/final-california-cannabis-regulations/


'Hoffman said the CCC is in a "rhythm" now that could result in four to eight new retail stores coming online each month. He said the industry will look "more mature" in a few months and said the CCC will discuss at its Jan. 10 meeting a timeline to review and possibly revise the regulations that govern the adult-use and medical marijuana programs in 2019.'
https://www.wbur.org/news/2018/12/27/cannabis-control-new-stores


At some point regulators need to realize that licensing and regulations are like trainer wheels on a bicycle that eventually become burdensome when society is ready. Money from sales taxes should become sufficient income for governments without trying to milk the plant from all sides. Declaring all marijuana businesses legitimate without the need for licensing should be a long term objective. That will in a single stroke remove the entire concept of a black market..

'While some communities, Santa Cruz included, seem to have a better handle on the growing marketplace, overall there remain myriad unsolved issues. It’s telling that in a community such as Santa Cruz, long tolerant of marijuana, legal medical marijuana organizations, hailed as the model of how legal pot could work in the state, have had to close down, unable to cope with the myriad licensing requirements.'
https://www.santacruzsentinel.com/2019/01/01/editorial-whats-next-on-horizon-for-legal-marijuana/


While the committee has accomplished a great deal over the course of the past year, there remain issues that have not yet been addressed, including but not limited to, the needs of tribal businesses, the development of a state equity program, comprehensive banking, and reducing the barriers associated with onerous taxation.'
https://www.bcc.ca.gov/about_us/documents/cac_annual_report_2018.pdf


'"My hope is to continue building a best practice agency that Massachusetts can be proud of,” CCC Chairman Steven Hoffman told Boston.com in a statement.

Hoffman and the other four commissioners on the CCC, which now oversees the state’s legal marijuana industry, are focusing on ensuring its rollout results in a market that is both safe and inclusive. But that’s no simple task.'
https://www.boston.com/news/local-news/2019/01/07/massachusetts-marijuana-cannabis-control-commission-2019


'Obviously the state [California] has public safety concerns with the legalization of marijuana, but has the state overreached in its mission to craft “robust regulations” for the industry. Upon review of 142 pages of proposed regulations, we opted to shine light on what we consider to be quirky cannabis provisions that have gone unnoticed by cannabis business owners. Some are laughable, others insulting; and as to the remainder, the state’s regulation of your cannabis business simply never ends.'
https://thecannabisindustry.org/member-blog-news-flash-quirky-cannabis-regulations-unchecked/


California regulators sent a reminder about marijuana excise tax requirements.
http://www.cdtfa.ca.gov/formspubs/l596.pdf


'Marijuana firms in the state pay up to 3% of their annual revenue to the cities or towns they call home. Those payments are intended to offset a municipality’s costs for hosting cannabis companies.

But some municipalities require more than the 3% payment in the form of other fees or donations to charities, The Boston Globe reported – and that has become a barrier to entry for businesses.'
https://mjbizdaily.com/massachusetts-marijuana-regulators-cannabis-businesses-payments/


'The California Office of Administrative Law (OAL) approved final marijuana industry rules that regulators had published in December, paving the way for the state to implement a permanent regulatory framework for the nation’s largest cannabis market.

The regulations, approved late Wednesday, take effect immediately, according to news releases from the Bureau of Cannabis Control (BCC), the Department of Food and Agriculture and the Department of Public Health, which wrote the rules.'
https://mjbizdaily.com/california-legal-agency-signs-off-on-states-final-cannabis-industry-rules/


'As the FDA wrestles with CBD’s complicated place in regulation, companies hoping to corner the hemp-CBD market are left waiting and wondering how to sell CBD products without drawing the ire of regulatory authorities. An answer seems to reside in hemp foods.

Currently, food and supplemental products marketed as CBD products are being pulled off store shelves throughout multiple states. What’s not being removed, however, are products containing hemp extracts (which not-so-coincidentally contain high concentrations of CBD). Likewise, CBD sprays, tinctures, and soft gel caps have in the main been spared from the FDA’s scrutiny.'
https://newfrontierdata.com/marijuana-insights/facing-fda-scrutiny-producers-get-cagey-selling-cbd/


'I’ve seen a stabilization of the industry. A maturation. And a lot of exciting innovation.

At the beginning we definitely had a lot of people who were passionate and excited to be at the table and really helpful for us, but they weren’t always speaking with one voice and it was hard for us to come to consensus. We had to have multiple players around the table, from regulators, to the state, to the industry, to community members and health-care partners.

At first, the marijuana industry wasn’t as aligned as they are now. So now I think they know more about what they want and what they’re doing.'
https://mjbizdaily.com/overseeing-5-years-legal-cannabis-denver-marijuana-czar-ashley-kilroy/


'"Andrew will be critical in determining and achieving solutions as we develop new marijuana regulations in Michigan,” Whitmer said. “He brings a wealth of expert knowledge on this subject, which will be essential through this implementation process while protecting Michigan residents.”

Brisbo, who started his career in state government in 2004 as a regulation officer with the Michigan Gaming Control Board, will oversee an agency that is expected to grow to 150 employees with a proposed budget of $47.3 million. The new Marijuana Regulatory Agency will replace the Bureau of Marijuana Regulation and operate under the umbrella of the state Department of Licensing and Regulatory Affairs. It will be paid for with fees and assessments on marijuana businesses, and will begin functioning on April 30.'
https://www.freep.com/story/news/marijuana/2019/03/28/andrew-brisbo-marijuana-regulatory-agency/3297076002/


California Bureau of Cannabis Control Guidance on Commercial Cannabis Activity
https://cannabis.ca.gov/wp-content/uploads/sites/13/2019/04/19-123_Commercial_Guidance_v2.pdf


'“There’s a saying in the business world: ‘Pioneers get slaughtered, and settlers get fat,’” said Greg James, publisher of industry magazine Marijuana Venture , based near Seattle. “These rules have made the entire industry very inefficient. We’re going to get left in the dust unless we change some things pretty quickly.”'
https://apnews.com/45f7fdb5b2df4c389c2e011352c47ac3


'Noted in New Frontier Data's The Global State of Hemp: 2019 Industry Outlook, the USDA will regulate the growing of hemp, and the FDA will oversee any products containing hemp or CBD that are sold as food additives, topicals, drugs or dietary supplements. Interstate commerce of hemp and hemp products can now legally take place, but individual states have the power to refuse to allow sales in their state.'
https://www.benzinga.com/markets/cannabis/19/02/13201961/the-farm-bill-and-the-fda-what-does-legal-even-mean


'Marijuana industry entrepreneurs had hoped the sweeping tax changes voted on by Congress would provide the perfect opportunity to end the dreaded provision 280E in the federal tax code. The provision blocks marijuana businesses from deducting normal business expenses on tax returns. Such deductions are used in every industry. Costs deducted including buying materials and supplies, paying employees and purchasing and maintaining equipment.'


'“We really tried to focus on policies that would rein in the medical industry and snuff out the black market as much as possible,” Burdick said.'
http://expressdigest.com/glut-of-marijuana-in-oregon-is-cautionary-tale-experts/


'Massachusetts medical marijuana industry officials cautioned that a crackdown by state regulators on their use of pesticides, including natural compounds used by the organic food industry, could hamstring cultivators and curb MMJ supplies.'
https://mjbizdaily.com/marijuana-officials-warn-ma-pesticide-crackdown-could-stymie-mmj-industry/


'The Arkansas Medical Marijuana Commission plans to use Public Consulting Group Inc. to grade 203 dispensary applications after the company gave the lowest bid on the project.'
https://katv.com/news/local/public-consulting-group-inc-planned-to-grade-medical-marijuana-dispensary-applications


'The Oklahoma Medical Marijuana Authority has established a call center to answer questions ahead of the implementation of SQ 788.'
https://okcfox.com/news/local/oklahoma-medical-marijuana-authority-establishes-call-center-ahead-of-implementation


'With less than four months to go before the first legal sales of adult-use marijuana are supposed to begin in Massachusetts, the agency tasked with overseeing the cannabis industry has finalized its regulations. The Cannabis Control Commission voted unanimously to accept the rules that will govern the new legal industry. Commission Chair Steve Hoffman said he doesn't anticipate any potential roadblocks between now and July 1 when the first licensed retail stores will be allowed to open'
http://www.wbur.org/news/2018/03/06/massachusetts-marijuana-regulations-approved


'“With the regulated market, you get the assurance of a safe product,” he said. “It goes through more testing than your grapes at the local grocery store.”'
https://mjbizdaily.com/marijuana-entrepreneurs-can-outsmart-black-market-competitors/


'At the most recent California Cannabis Industry Association conference, regulators shared data on the compliance issues they found most often when investigating licensees. With cultivators, for example, they reported many are exceeding allowable canopy sizes and failing to obtain weighmaster licenses. With manufacturers, they found several had failed to have their closed loop extraction systems certified by a California-licensed engineer. And with retailers and distributors, they have encountered a variety of packaging, labeling, and security issues.'
https://newfrontierdata.com/marijuana-insights/california-cannabis-regulators-ramping-up-enforcement/


'The Department of Licensing and Regulatory Affairs issued its first clarification of CBD oil, declaring that state laws allow for its sale to medical marijuana patients – as long as the oil comes from marijuana, not hemp.'
https://www.detroitnews.com/story/news/local/michigan/2018/05/11/michigan-now-regulate-cbd-oil-marijuana/34789811/


'To avoid having marijuana develop into a tobacco-style public health epidemic, the regulatory focus in a legalized market should be on market structure to limit the power of large corporations, including tobacco companies, from taking control of the marijuana market and turning it into one modeled on the cigarette market.

One model for doing so would be to create an agency, similar to Uruguay's Regulation and Cannabis Control Institute (IRCCA), to control the production and distribution of marijuana and cannabis products. The agency would produce generic, unbranded cannabis, eliminating the incentive to market and advertise competitive products. The state would use its licensing power to grant licenses to qualified professional farmers (as well as for home cultivation for personal use) and limit the number of licenses, depending on demand, to avoid an illegal market.'
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4089369/


'At last week’s State of the Cannabis Industry Conference, Frank A. Segall, Co-Chairman of Burns & Levinson’s Cannabis Business Advisory group and Chairman of the firm’s Business Law and Finance practices, sat down with Steven Hoffman, Chairman of the Massachusetts Cannabis Control Commission, for a wide-ranging interview that touched upon a number of hot-button issues regarding cannabis in the Commonwealth.

Below is a transcript of the first half of their conversation.'
https://www.jdsupra.com/legalnews/a-conversation-with-massachusetts-89557


'San Francisco officials plan to create a new committee to monitor the city’s cannabis industry and assess its regulations and government oversight.'
https://mjbizdaily.com/san-francisco-plans-to-create-a-new-cannabis-industry-oversight-committee/


Almost there Massachusetts..

'Even with the final licenses, the open dates for the facilities remain unclear, since they have to meet additional conditions before throwing open their doors. For example, employees must receive badges.'
https://www.masslive.com/news/index.ssf/2018/10/northampton_leicester_retail_m.html


'Two marijuana retailers are slated to get their final licenses when the state Cannabis Control Commission meets on Thursday, enabling those businesses to soon sell marijuana to anyone over the age of 21.'
http://www.wbur.org/news/2018/10/02/cultivate-neta-final-cannabis-sales-licenses


'Oklahoma’s business-friendly medical cannabis law is seemingly coming to fruition: Regulators already have approved more than 1,100 business licenses with roughly 500 additional applications in the pipeline, according to a tweet by state officials Monday.'
https://mjbizdaily.com/oklahoma-has-okd-more-than-1000-medical-marijuana-businesses/


'Oregon regulators suspected medical marijuana patients and caregivers were exploiting the system by buying cannabis to sell on the illicit market. The response was swift.The Oregon Liquor Control Commission, under pressure from federal officials to tackle the robust black market for marijuana, quickly issued a temporary rule that dramatically reduced the amount that medical marijuana cardholders could buy in a day. The limit dropped from a pound and a half of marijuana to 1 ounce -- the same quantity recreational cannabis consumers are allowed to buy.'
https://www.oregonlive.com/marijuana/index.ssf/2018/09/medical_marijuana_patients_dec.html


'“There’s no other business that I’m aware of that has restrictions against churches, schools, day cares, Grandma Lily’s house, it’s a little bit ridiculous.”'
https://kfor.com/2018/09/17/oklahoma-cities-passing-zoning-laws-regulating-medical-marijuana/


'We’re getting closer, so where we’re at is … we had two provisionally licensed laboratories and we’ve issued 30 provisional licenses in total, including 11 for retail. The gap between a provisional and final license requires us to go in and actually do a physical inspection to make sure that all of our regulations are adhered to. It requires fingerprinting, it requires payment of our fees, and we are now in the process of scheduling those final inspections.'
https://www.wgbh.org/news/local-news/2018/09/11/massachusetts-wheres-our-weed


'The state Department of Administrative and Financial Services issued a request for proposals Monday for a consultant to write the rules and regulations needed to license and regulate adult-use cannabis businesses and implement the new medical marijuana law that will add new dispensaries and allow caregivers to open retail stores.'
https://www.pressherald.com/2018/09/11/state-seeks-cannabis-consultant-for-rule-making/



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