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What to know about Oklahoma cannabis legislation changes

by Travis C | Jun 20, 2022 | Blog, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Marijuana, Medical Marijuana

The 2022 legislative session has ended in Oklahoma, bringing with it over a dozen new pieces of legislation specifically impacting the medical cannabis industry.

OMMA Executive Director Adria Berry sent an email to cannabis business owners this week with details on the new legislation, while also thanking businesses for their cooperation and transitioning to Metrc. Metrc is a seed to sale track and trace system specifically designed for the cannabis industry.

While chosen to be implemented in September of 2020, it wasn’t until May 26, this year that the state finally forced the transition.

“Through the struggles and bumps in the road, we’ve taken your feedback, questions, comments and complaints directly to Metrc every single time. Some answers are quick and easy, others take days to solve. At the end of the day, I want you to know that we are working on every issue you’ve brought us and will not let problems go unsolved.” said Berry.

In addition to the implementation of Metrc, Oklahoma’s governor also signed thirteen separate cannabis-related bills into law this week. The laws still must go through a rulemaking process in which regulations are formed. The public will be allowed input in this process.

House Bill 2179: Creates a tiered commercial grower fee structure based on size and type of facility — annual fees would range from the current $2,500 to more than $50,000. Under the terms of the bill, processor license fees will be determined by volume and range from $2,500 to $40,000. Dispensaries will pay $2,500 to $10,000, based on annual sales. Testing laboratories will pay a flat $20,000. Effective June 1, 2023.

House Bill 3019: Adjusts packaging standards to allow clear packaging for edibles but requires opaque exit packaging for carrying out of the dispensary. Effective Nov. 1, 2022.

House Bill 3208: Places a moratorium on new business licenses between Aug. 1, 2022, and Aug. 1, 2024. The legislation itself takes effect July 1, 2022. OMMA will incorporate the legislation into new emergency rules that will take effect in July before the moratorium begins Aug. 1, 2022. Current grower, dispensary and processor licenses are not included in the moratorium. OMMA will accept new grower, dispensary and processor applications through 11:59 p.m. Aug. 1, 2022. Read more about HB 3208.

House Bill 3530: Creates a revolving fund to be used by OMMA to establish programs and provide funding to support county sheriff enforcement of medical marijuana laws and regulations. Effective immediately.

House Bill 3929: By Jan. 1, 2024, OMMA must promulgate rules to create a process validation program in which licensees may voluntarily participate. Effective immediately.

House Bill 3971: By Jan. 1, 2024, OMMA must create a “secret shopper” program by rule promulgation to purchase medical marijuana in dispensaries and send samples for testing. Effective January 1, 2024.

House Bill 4056: After receiving recommendations from QA lab and a committee of licensed labs, OMMA must promulgate rules by Jan. 1, 2024, that set out required equipment and standards to be used by all licensed labs. Effective immediately.

Senate Bill 1367: Enhances penalties for the unlawful diversion of medical marijuana products to someone not legally allowed to acquire or consume them. Effective Nov. 1, 2022.

Senate Bill 1511: Prohibits commercial grow operations within 1,000 feet of a school. The legislation makes an exception for established businesses. SB 1511 is already in effect — it was effective immediately when Gov. Kevin Stitt signed it in March.

Senate Bill 1543: Establishes OMMA as an independent state agency separate from the state Department of Health. Effective Nov. 1, 2022. Read more about SB 1543 on our website.

Senate Bill 1704: Requires all employees of medical marijuana businesses to apply for a badge/credential beginning Jan. 1, 2024, and allows OMMA to contract with a third party to provide those services. Effective Nov. 1, 2022.

Senate Bill 1726: Adds technology centers primarily used for classroom instruction to the list of school buildings that dispensaries and grows must be at least 1,000 feet away from. Effective immediately.

Senate Bill 1737: Outdoor growers must register as a sensitive crop, and all commercial growers must post signage at the perimeter of the property with specific information. Effective Nov. 1, 2022.

New York OCM behind on staffing essential cannabis positions

by Travis C | Jun 14, 2022 | Blog, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Politics

With plans for equity license holders to open recreational cannabis dispensaries as early as fall of this year, New York is behind schedule on forming the needed agencies.

To start, the New York Office of Cannabis Management, the main agency overseeing the legal cannabis industry in New York, has yet to hire a Chief Equity Officer. This position would oversee the equity licensees that are slated to open their dispensaries at the end of this year.

Additionally, the 13-member advisory board meant to assist the OCM and the Cannabis Control Board has yet to be filled. The Marijuana Regulation and Taxation Act (MRTA) specified in its legislation that these positions should have already been filled.

Despite the vacancies, the OCM is still committing to rolling out regulations and beginning adult-use cannabis sales this fall.

An OCM spokesman said that the agency is “hard at work” searching for a chief equity officer candidate and that they are “almost at the end of that process.” However there has been little updates on the advisory board which was supposed to start meeting in May.

Aside from issues with filling the various positions needed to begin developing and implementing regulations, there has also been some pushback from the state’s existing medical cannabis industry.

In an investigative piece conducted by Syracuse.com, patients have been experiencing long delays to enroll in the medical program. Many are unable to get the care they need.

Meanwhile, the OCM has had a slew of technology issues and has been ignoring patient concerns (according to the patients) while trying to catch up after a delayed start in establishing the recreational marketplace.

Last but certainly not least, the state has handed out nearly 150 conditional cannabis cultivation licenses to hemp farmers across the state, in an effort to produce recreational cannabis so that dispensaries could actually have product in the fall.

With more than half of those licensees being permitted in just the last month, it will be a tight timeline to harvest and process enough cannabis to meet the demand of what will likely become the largest cannabis industry in the country.

Original story from Greener Consulting Group

North Carolina Medical Cannabis Bill Passes Senate

by Travis C | Jun 6, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Marijuana, Medical Marijuana, Politics

North Carolina medical cannabis legalization

A North Carolina medical cannabis bill was passed by the state Senate last week following its clearing of a key Senate committee just one day prior. The legislation passed the full chamber with a 35-10 vote.

Sponsor of the bill, Sen. Bill Rabon (R) is hopeful that the bill will help those seeking relief toward the end of their life.

“This bill is going to, in my opinion, help a lot of people at the end of their life at a time that they need some compassion,” Rabon said on the floor ahead of the vote.

Rabon is a cancer survivor himself. He believes that medical cannabis can help people “at a time that what few days, or what little time they have left, should be as comfortable and as easy as they can be.”

“I think it is our duty as lawmakers to pass legislation that helps people who need our help,” Rabon said.

However the medical cannabis bill is not in the clear yet. It still must pass through one final vote on the third reading of the bill. If it passes again it will then move on to the House of Representatives.

The NC Compassionate Care Act in its current state would enact a highly restricted medical cannabis program. Those that qualify for the program must have a condition such as cancer, epilepsy, HIV/AIDS, Parkinson’s, multiple sclerosis and PTSD to be eligible.

Patients would be permitted to possess up to one and half ounces of cannabis, but home growing would not be allowed. Edibles or “cannabis-infused” products would be allowed in various forms, and smoking and vaping would be permitted.

However the consumption method must be prescribed by a doctor for specific delivery and dosages. Patient eligibility would be reconsidered on an annual basis.

The bill would permit just 10 medical cannabis suppliers who would control the cultivation and sale of cannabis. Each operator would be permitted four dispensaries for 40 total across the state.

Under the current revision, a Compassionate Use Advisory Board would be established. This board would have the ability to add more qualifying conditions for the program that could make access easier for more patients in the future.

Additionally a Medical Cannabis Production Commission would be created to ensure that supply does not run out for patients. The Commission would also oversee licensing and generate revenue to regulate the medical cannabis program.

Lastly the bill will provide protections for patients. Employees and agents of the state would be required to treat possession of cannabis for qualified patients the same as any other prescribed controlled substance.

There are still additional amendments under consideration that may impact the third reading of the bill. Over 80% of North Carolina voters support medical cannabis, with 60% supporting full recreational legalization.

Rhode Island cannabis legalization signed into law by governor

by Travis C | May 26, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Marijuana, Politics

Rhode Island cannabis legalization passed

Rhode Island has become the 19th state in the US to legalize cannabis for recreational use after Governor Dan McKee signed new legislation on Wednesday May 25.

Less than 24 hours after the state legislature unanimously passed the legalization bill, McKee signed it into law. The Rhode Island Cannabis Act would allow adults over 21 to buy, possess and grow their own cannabis at home.

Adults will be allowed to grow up to six plants, and cannabis purchases will be limited.

The law will also introduce expungements of past criminal records related to cannabis, depending on the severity of the charge. Taxes from legal cannabis sales will be re-invested into communities disproportionately impacted by cannabis prohibition.

Rep. Scott Slater, whom drafted the revised legislation that was passed, said the bill won’t please everybody.

“Frankly, no bill could do that,” he said. “So in the many years it has taken to get this bill to this point, we have learned from other states that legalized cannabis, and we know that they too must address issues each year and modify the original statute to address new issues that occur. We will be no different.”

McKee appears to have full support for the legal cannabis industry and the equity it intends to implement.

“Today I signed the Rhode Island Cannabis Act, legalizing and safely regulating cannabis in our state. This bill successfully incorporates our priorities of making sure legalization is equitable, controlled, and safe.”

He continued, “The end result is a win for our state both socially and economically.”

The Rhode Island Cannabis Act calls for retail cannabis sales to begin December 1st of this year, however it is unlikely that any retail cannabis stores will be licensed and open by that time. Additionally, unless growers are licensed and permitted to produce cannabis for retail in the next couple of month, it is unlikely there will be any product to put on shelves should stores open in December.

Delaware cannabis law passes Legislature, waits on Governor

by Travis C | May 17, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Marijuana, Politics

Delaware cannabis bill headed to governors desk

A bill that would allow personal possession of cannabis for adult-use in Delaware has passed through the legislature. However the state’s governor has already said he does not support cannabis legalization.

Delaware’s Senate gave final approval to the bill legalizing possession of up to one ounce of marijuana by adults for recreational use in the second week of May. The legislation cleared the Senate 13-7 with the vote holding on party lines.

Sen. Bruce Ennis of Smyrna, a retired state trooper, was the only Democrat joining Republicans in opposing the bill. The bill passed the Democrat-controlled House on a 26-14 vote the week before.

Now the bill heads to the desk of Governor John Carney (D) who has expressed his opposition to legal cannabis in the past.

However he hasn’t spoken specifically on whether he would sign a legalization bill that made it to his desk.

“We’ll review the bill, but the governor’s position hasn’t changed,” Carney spokeswoman Emily David said after the vote.

Delaware cannabis laws currently impose a $100 fine for possession of an ounce or less if the user is 21 or older. The new legislation, if passed, would remove this provision.

Anyone under the age of 21 would still receive a civil penalty for possession, and public consumption and possession of more than one ounce would remain a misdemeanor. While the new bill would legalize possession, consumers would not be allowed to directly sell cannabis to other consumers.

However consumers will be allowed to “transfer” cannabis products between each other legally. Without a regulated industry to go along with it, this bill’s passing would likely lead to a gift/donation industry similar to Washington DC.

Cannabis was legalized in DC in 2015, however legislative barriers prevent a regulated industry from being established. There is now a thriving grey market that operates through a gifting and donating loophole in the law.

A separate bill to establish and regulate a recreational cannabis has also passed through two House committees and is awaiting consideration by the full chamber. Sen. Trey Paradee, the chief sponsor of the bill, has said that he would want his bill which already passed through the legislature to be vetoed should the partner legislation for a regulated industry not make it through as well.

Whether the governor will wait for the partner legislation to pass before deciding on the initial bill or not is yet to be seen. However without a legal industry framework to support it, in addition to the governor’s voiced opposition to legal cannabis, the odds of either bill passing in the near future seem unlikely.