samples

Alaska: 4:30 PM Deadline for Comments on 5 Proposed Rules: Inventory Tracking, Inspections of Business Operations, Permit Card Renewal Fee, Sample Jar, and Business Operations

The comment period for five (5) rules proposed by the Alaska Marijuana Control Board (MCB) will close today at 4:30 pm. The rule changes will provide the MCB with the authority and information that is needed to adequately oversee the marijuana industry. Marijuana establishments will be required to ensure that employees follow approved operating procedures and processes. A summary of the rules proposals, the impact on marijuana establishments and recommended changes are provided below.

  • Marijuana Establishment Inspections:

    • Entities Impacted: All Marijuana Establishments

    • Summary of Change: The rule proposal amends current rule 3 AAC 306.725(a) to expand the MCB’s ability to inspect not only storage areas, but also waste disposal and other elements of business operations.

    • Impact of Change: The rule amendment will provide the MCB with authority to perform complete inspections of a marijuana establishment.

    • Compliance Enhancements: Marijuana establishments should review waste disposal areas and processes for adherence to the operating plan.

  • Acting in Accordance with Operating Plan Approved by MCB:

    • Entities Impacted: All Marijuana Establishments

    • Summary of Change: The rule proposal amends 3 AAC 306.703 to provide that marijuana establishments must follow the operating plan that was approved by the MCB. Marijuana establishments must also obtain approval the MCB’s prior to changing the operating plan.

    • Impact of Change: The proposal increases enforcement risk for all marijuana establishments. The amendments fail to provide a materiality standard against which adherence to the operating plan can be measured. Without such a standard, the MCB could determine that any failure to follow the operating plan, regardless of the materiality, is a rule violation.

    • Compliance Enhancements: Marijuana establishments should also implement a supervisory checklist process and a periodic testing program to demonstrate adherence to the operating plan. Employees should trained on the new requirements.

  • Marijuana Handler Permit Card Renewal Fee:

    • Entities Impacted: All Marijuana Establishments

    • Summary of Change: The rule proposal clarifies that a $50 fee will be charged for new and renewed marijuana handler permit cards.

    • Impact of Change: The change increases operating costs by implementing renewal fees. It is unclear whether a fee is charged for the replacement of a lost marijuana handler permit card.

  • Inventory Tracking and Harvest Grading:

    • Entities Impacted: Cultivators

    • Summary of Change: The rule proposal requires cultivators to include assign identification numbers to seeds for tracking in the inventory tracking system under 3 AAC 306.435(a). The rule proposal also cleans up the definition of harvest batch, and increases the harvest size to 10 lbs.

    • Impact of Change: Cultivators will need to input seeds into the tracking and trading system, and ensure that all plants and seeds are transported using a shipping manifest and entered into the inventory tracking system. Cultivators should ensure that the rule language provides enough clarity around the initial entry of a seed inventory into the tracking system. The MCB should also clarify how cultivators should record the sale and transport of plants that are shorter than 8 inches under 3 AAC 306.435(b) as cultivators are not required to assign an identification number to these plants under 3 AAC 306.435(a).

    • Compliance Enhancements: Marijuana cultivators should review operating plans and procedures to incorporate the additional requirements. In addition, marijuana cultivators should train employees on the new requirements and procedures.

  • Sample in a Jar:

    • Entities Impacted: Retail Marijuana Stores

    • Summary of Change: The proposal allows retail marijuana stores to provide a sample jar to customers to smell a marijuana product prior to purchase.

    • Impact of Change: The rule amendment under 3 AAC 306.325(d) provides that “the jar must remain in the monitored custody of the retail marijuana store during consumer inspection.” The MCB should provide clarity around the requirements for monitoring custody and address situations in which a video may be obstructed by the sales person or consumer.

    • Compliance Enhancements: Marijuana retailers should review their operating plan and procedures to incorporate the additional requirements. In addition, marijuana retailers should review the video surveillance angles and coverage.

ALASKA: COMMENT LETTER DEADLINE FOR INVENTORY TRACKING AND HARVEST GRADING

  • Wednesday, December 12, 2018

  • 4:30 PM  5:30 PM

ALASKA: COMMENT LETTER DEADLINE FOR INSPECTIONS OF WASTE DISPOSAL AND OTHER ELEMENTS OF BUSINESS OPERATIONS

  • Wednesday, December 12, 2018

  • 4:30 PM  5:30 PM

ALASKA: COMMENT LETTER DEADLINE FOR SAMPLE IN A JAR REGULATION

  • Wednesday, December 12, 2018

  • 4:30 PM  5:30 PM

ALASKA: COMMENT LETTER DEADLINE FOR OPERATING ESTABLISHMENT IN ACCORDANCE WITH PLAN APPROVED BY BOARD

  • Wednesday, December 12, 2018

  • 4:30 PM  5:30 PM

ALASKA: COMMENT LETTER DEADLINE FOR MARIJUANA HANDLER PERMIT CARD FEES

  • Wednesday, December 12, 2018

  • 4:30 PM  5:30 PM

COLORADO MEETS ON DRAFT TESTING RULES

The Colorado Marijuana Enforcement Division has issued draft rules that implement legislation enacted in 2018. The Division will accept public comments on these draft rules until October 16, 2018.  Last Friday, the Division held a workshop to discuss the draft testing rules that implement the following legislation:

  • HB18-1259: Marijuana Samples for Quality Control and Product Development:  A medical marijuana manufacturer and retailer may provide labeled and packaged samples from each batch to up to five managers for quality control and product development purposes.  The managers and the samples must be designated in the seed-to-sale tracking system. The sample size should be one sample serving size of a medical marijuana infused product, one quarter gram of concentrate, and one half of a concentrate intended for vaping.  The law places a limit on the total samples that a manager may receive in a month,, and the sample may not be consumed on the licensed premises..

  • HB18-1422: Marijuana Testing Facility Standards:  Requires licensed medical and retail marijuana testing facilities to be certified by January 1, 2019 by an entity recognized by the International Laboratory Accreditation Cooperation in category of testing pursuant to ISO 17025:2005 standard.  The state can provide a twelve month extension to newly licensed testing facilities.

  • SB18 - 271: Improve Funding for Marijuana Research:  Authorizes the state to develop rules that permit the co-location to a marijuana development and research licensee or a marijuana research and development cultivation licensee.


Draft Medical Marijuana Rules
www.colorado.gov/pacific/sites/default/files/180726%20Leg%20Imp%20Work%20Group%20Medical%20Redlines_212-1.pdf

Draft Retail Marijuana Rules
www.colorado.gov/pacific/sites/default/files/180726%20Leg%20Imp%20Work%20Group%20Retail%20Redlines_212-2.pdf