ban_of_cannabis_alcohol

Washington Bans Infused Cannabis Labels that Imply Product Contains Alcohol

The Washington State Liquor and Cannabis Board (Board) has issued an Interim Policy that prohibits the use of product labels sold at retail that imply the marijuana infused product contains alcohol. The Board will consider a product label that implies or represents the presence of alcohol through, among others, the design, name or brand to be false and misleading. The labels should include words such as non-alcoholic, does not contain alcohol, not a beer, not a wind and o% ABV.

The new Interim policy is the second alcohol related guidance that the Board has issued in recent months. The Board published an article in December informing the public that CBD may not be added to alcoholic beverages. The Board also indicated that the only authorized use of CBD in Washington is by licensed producers. Licensed producers may use CBD as additives to marijuana products that are sold in licensed stores. The Board noted that federal regulations require alcohol manufacturers to obtain the approval for labels from the Tax and Trade Bureau. The Tax and Trade Bureau has previously provided guidance indicating that labels for alcohol containing hemp will be approved only after meeting certain conditions including testing and proving that the hemp contains no THC.

Washington’s position with regards to CBD highlights the disparity in the definition of marijuana nationally. Drug Enforcement Agency regulations consider hemp products that are intended to be consumed to be marijuana unless the hemp contains no THC. This limits the sale of CBD to state licensed marijuana facilities.

2018 Michigan Cannabis / Hemp Legislative Summary: Ban on Cannabis Infused Alcohol, Industrial Hemp, and Technical Changes

The Michigan Legislature passed ten (10) bills related to marihuana / hemp during the 2018 legislative season. The Governor signed four into law and six are with the governor for signing.

HB 4668 of 2017  (PA 346 of 2018) Ban on Cannabis Infused Alcohol

Under the new law,  Michigan breweries and wineries would be prohibited from producing adult beverages, including non-alcoholic beer and wine, that contain THC or non-hemp CBD. Supporters of the new law believe that marijuana infused alcohol will increase the liability of bartenders and bar owners. A person may not feel the effects of the marihuana right away, which would prevent the bartender from being able to assess whether an individual is visibly intoxicated.  Opponents to the new law believe that the legislature is attempting to solve a problem before it exists, and prevents Michigan from remaining competitive in the beer and wine industries. The law went into effect on October 16, 2018.

HB 5144 of 2017 (PA 10 of 2018) Amendments to the Medical Marihuana Facilities Licensing Act

The new law made clarifying amendments to the Medical Marihuana Facilities Licensing Act including, among other things:

  • Noting that accountants, financial service providers and other entities would not be subject to criminal, civil or administrative sanctions for providing services to a licensee;

  • Prohibiting the state from issuing a license unless the municipality in which the establishment will be located has adopted an ordinance that permits the activity;

  • Allow the state regulator to obtain information needed for license renewals from municipalities; and

  • Require the state regulator to establish a monthly purchase limit for medical marihuana.

The law went into effect on January 26, 2018.

HB 6422 of 2018 (PA 439 of 2018) State Inventory Tracking System

The law allows the state regulator to disclose information about a licensee that is contained in the state inventory tracking system to a financial institution. The law went into effect on December 28, 2018.

SB 1262 of 2018 Amendments to the Medical Marihuana Facilities Licensing Act
Last Action: 12/28/2018 PRESENTED TO GOVERNOR 12/27/2018 @ 1:22 PM

The enrolled bill amends the Medical Marihuana Facilities Licensing Act to provide clarity around the definition of “applicant”, and to provide the state regulator with the power to revoke a license if a licensee attempts to transfer an ownership interest to a person that is not an “applicant”. The enrolled bill also prohibits persons from holding themselves out as a facility operator unless they hold a license. Any person that causes serious injury or death by violating the Act would be guilty of a felony.

SB 1263 of 2018 Amendments fo the Sentencing Guidelines
Last Action: 12/28/2018 PRESENTED TO GOVERNOR 12/27/2018 @ 1:24 PM

The enrolled bill amends the sentencing guidelines in the Code of Criminal Procedure to include the felony proposed the Medical Marihuana Facilities Licensing Act with a statutory maximum of four years' imprisonment.

SB 1264 of 2018 State Identification Cards
Last Action: 12/28/2018 PRESENTED TO GOVERNOR 12/27/2018 @ 1:26 PM

The enrolled bills requires the Secretary of State to forward a digitized photograph of applicant for a state registry identification card to department of licensing and regulatory affairs.

HB 6330 of 2018 Industrial Hemp
Last Action: 12/28/2018 presented to the Governor 12/27/2018 @ 5:08 PM

Bill 6330 will require the Michigan Department of Agriculture and Rural Development (MDARD) to establish and oversee an industrial hemp licensing and registration program. The amendments would prohibit any person in the state, including universities, from growing industrial hemp without registering as a grower. The grower registration expires on November 30th of the year that it was issued but applications can be submitted at any time. Growers must perform testing 15 days ahead of harvest, and receive a certification that the THC levels meed the maximum thresholds. A grower registration fee of $100.00, and a $50 fee for site modifications.. The enrolled bill also requires all persons processing, handling, brokering, or marketing industrial hemp to be licensed as a processor-handler. A processor-handler license application fee of $1,350.00.

HB 6331 of 2018 Definition of Industrial Hemp and Marihuana
Last Action: 12/28/2018 presented to the Governor 12/27/2018 @ 5:10 PM

The enrolled bill exempts industrial hemp from the definition of marihuana

HB 6380 of 2018 Rulemaking to Permit Dispensaries to Sell Industrial Hemp CBD products
Last Action: 12/28/2018 presented to the Governor 12/27/2018 @ 5:12 PM

The enrolled bill requires the state regulator to adopt rules by March 2019 that permits medical marihuana dispensaries to sell industrial hemp CBD products.

HB 6421 of 2018 (PA 504 of 2018) State Identification Cards
The enrolled bills requires the Secretary of State to forward a digitized photograph of applicant for a state registry identification card to department of licensing and regulatory affairs. The law went into effect on December 28, 2018.


California Bans THC and CBD Infused Alcohol: Blue Moon THC Line OK?

California’s Governor signed a new law that prohibits an entity holding a liquor license from manufacturing, selling or offering of an alcoholic beverage that contains THC or CBD . The new law also prohibits marijuana dispensaries from offering alcoholic beverages infused with cannabis or cannabis products, even if derived from hemp. California banned cannabis infused alcohol due to the lack of research on the physical effects of combining alcohol and cannabis.

The sale of Blue Moon’s proposed THC line of infused non-alcoholic beer by marijuana dispensaries should be ok if it contains at least one-half of 1 percent or more of alcohol by volume. Bars and restaurants will still not be able to offer this beverage under the new law.

California’s new law is a narrower than a similar bill that has been introduced in Michigan. The Michigan bill appears to prohibit the manufacturing, sale and possession of THC or CBD infused alcoholic and non-alcoholic beer.

MICHIGAN WANTS TO BAN CANNABIS ALCOHOL

CALIFORNIA'S LEGISLATURE PRESENT 21 IMPORTANT CANNABIS BILLS TO GOV BROWN

In a flurry of activity, the California Legislature passed twenty-one cannabis bills in the last weeks prior to the end of the regular session on August 31st. The Legislature has presented Governor Jerry Brown with fifteen (15) bills for him to either sign or veto.  An additional six (6) bills will be presented to the governor following the engrossment process.

The scope of the bills passed by the California Legislature in the last couple of weeks of August has been monumental.  The bills address important and meaningful issues raised by constituents.  The highlights include the state driven expungement of marijuana convictions; compassionate care programs that permit the donation of cannabis products to individuals in need; the ban of cannabis in alcoholic beverages; the protection of personal data from the federal government; the expansion in industrial hemp cultivation; restricted provisioning of marijuana to animals;  equitable expansion of the cannabis industry; and the administration of cannabis on to children on schoolsites.

The following fifteen (15) bills were presented to the governor for his signature.  The links below provide the THCReg.com summary article and the final bill text.


The following six (6) bills are being enrolled and will be presented to the governor shortly. The links below provide the THCReg.com summary article and the final bill text.

MICHIGAN WANTS TO BAN CANNABIS ALCOHOL

Michigan's House passed a first reading of SB 969 that would ban the use, possession or sale of alcoholic or non-alcolohic beer and wines that contain any amount of marihuana including CBD. The bill was introduced and passed by the Senate in May. Under the bill,  Michigan breweries and wineries would be prohibited from producing adult beverages, including non-alcoholic beer and wine, that contain THC or CBD. Supporters of the bill believe that marijuana infused alcohol will increase the liability of bartenders and bar owners. A person may not feel the effects of the marihuana right away, which would prevent the bartender from being able to assess whether an individual is visibly intoxicated.  Opponents to the bill believe that the legislature is attempting to solve a problem before it exists, and prevents Michigan from remaining competitive in the beer and wine industries.  Opponents to the bill also note that Blue Moon beer will release three marijuana infused non-alcoholic beverages in Colorado later this year.  They also note that the government of Ontario, Canada has entered into a partnership with an adult beverage company to produce a non-alcoholic beer that is produced entirely from marijuana.

The California legislature also recently passed legislation that would ban the production and sale of marijuana infused alcohol. The governor should be receiving AB-2914 Cannabis in Alcoholic Beverages for his signature shortly. Unlike the Michigan bill, California does not ban the use or possession of alcohol that is infused with marijuana.  

California Legislature Bans Production and Sale of Cannabis Infused Alcohol
http://www.thcregs.com/blog/ban-on-sale-of-cannabis-infused-alcohol

BAN ON SALE OF CANNABIS INFUSED ALCOHOL

California is closer to banning the sale of alcoholic beverages that contain cannabis products or CBD by a licensed cannabis or alcohol establishment, including those that are produced from industrial hemp. The California Senate passed the third reading of AB-2914 Cannabis in alcoholic beverages, which amends existing law.  The bill will also prohibit the manufacture or sale of any alcoholic beverage if it contains tetrahydrocannabinol or cannabinoids.   Failure to comply with the new law could result in the suspension or revocation of any licenses.