Legal Updates

Colorado

Social Consumption
Denver County has rules that allow for social consumption of marijuana within designated consumption areas. What you need to know:

  1. Marijuana cannot be consumed on the same premises where it is sold or grown.
  2. Marijuana cannot be consumed on the same premises as alcohol sales.
  3. There are some possible exceptions for events, concerts, festivals, and other business types (i.e. restaurants not serving alcohol).
  4. Signs are required at the outside of an entrance to a location where there is a Designated Consumption Area.

New Term: Transfers
The Colorado Marijuana Enforcement Division now users the term “transfer” to denote the ability to grant, convey, hand over, assign, sell, exchange, donate, or, barter any retail marijuana, retail marijuana concentrate, or retail marijuana product from one retail licensee to another retail licensee, or to a consumer. The main form of transfer that will be discussed in this training is the sale of retail marijuana, retail marijuana concentrate, or retail marijuana product from a retail licensee to a consumer.

Permitted Purchases (Looping Prohibited):
The maximum amount of marijuana and cannabis products that you can sell in a single transaction to a customer is 1 ounce. A single transaction can include multiple sales to the same customer during the same business day where you know, or reasonably should know, that this sale could result in that customer possessing more than one ounce of marijuana.

Tribal IDs
The law in Colorado used to be that one of the acceptable forms of ID in Colorado to purchase marijuana and marijuana product was a Tribal Enrollment Card for a federally-recognized Indian Tribe in Colorado. However, the law now says acceptable forms of ID include Tribal Enrollment Cards for all federally-recognized Indian Tribes.

Updated Product Labeling Requirements
The updated labeling requirements are as follows: Remember that every container or marketing layer must contain the following information:

  1. License number of cultivation facilities where marijuana was grown or where water-based marijuana concentrate was produced.
  2. License number of the manufacturing facilities where marijuana concentrate was produced (if applicable).
  3. License number of the retail marijuana store that sold to the consumer (can be affixed to container or marketing layer).
  4. Harvest batch number(s) assigned to the retail marijuana or product in the container (for marijuana only).
  5. Date of sale to the consumer.
  6. Net weight of the marijuana or volume of marijuana concentrate prior to placement in the container, using standard measure compatible with the Inventory Tracking System.
  7. Universal symbol on the front of the container and any marketing layer that is no smaller than a ½-inch by ½-inch and the statement saying, “Contains Marijuana. Keep away from children.”
  8. Warning statements.
  9. Potency of Total THC and CBD expressed as a percentage displayed either in bold font and enclosed with an outlined shape (such as a circle or square) or highlighted with a bright color such as yellow.
  10. Complete list of solvents and chemicals used in the creation of any solvent-based marijuana concentrate.
  11. List of all ingredients used in manufacture of marijuana concentrate including any major allergens contained in the concentrate in accordance with Federal law, that requires disclosure of milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans.
  12. Expiration date and production date on all edible retail marijuana products.

Point of Purchase Warnings
The updated Point of Purchase warnings are as follows: All marijuana and cannabis products, when sold at retail, must be labeled with the following warnings:

  • “This product was produced without regulatory oversight for health, safety or efficacy.”
  • “There may be long term physical or mental health risks from use of marijuana including additional risks for women who are or may become pregnant or are breastfeeding. Use of marijuana may impair your ability to drive a car or operate machinery.”
  • “This product complies with testing requirements.”
  • “The intoxicating effects of this product may be delayed by up to 4 hours.” (for Edible Retail Marijuana Product only)

Contaminated Products
Your store shall not accept or sell any retail marijuana, retail marijuana concentrate, or retail marijuana product that has failed required testing to any person. If another retail marijuana establishment sells any retail marijuana that has failed or subsequently fails required testing to your store, your store needs to ensure that all retail marijuana that failed required testing is disposed of safely. If you have any questions about these rules, be sure to check with your manager.

THC Universal Symbol
Currently, there are two versions of the THC Universal Symbol – one for retail and another for medical products. The image shown here includes both symbols. The one with the letter “M” is the medical version. Your customers may ask you about these symbols. However, beginning in 2019, these two symbols will no longer be legal to use on any marijuana packaging. Your state will adopt a Single Universal Symbol that will be used on all medical and retail marijuana packaging. For the remainder of 2018, it is permissible to package and sell marijuana products using all three of these symbols, but please be aware that your store’s packaging must use the Single Universal Symbol beginning in 2019. Check with your manager about labeling rules to be sure your store is following the rules.
      The Single Universal symbol should be in red and white on the front of the container, and any marketing layer, that is no smaller than a ½-inch by ½-inch, and the statement saying, “Contains Marijuana. Keep away from children,” directly under the symbol.


Oregon

Minors on Premises
In a few cases, a minor may be allowed on the licensed premises, including if minor:

  • has a legitimate business purpose (e.g., to make a repair);
  • passes through the licensed area of an outdoor producer to reach an unlicensed area so long as the minor is not in areas that contain marijuana items;
  • resides on the tax lot where a marijuana producer is licensed so long as the minor is not in areas of the licensed premises that contain usable marijuana, or cut and drying marijuana plants;
  • is a current Oregon Medical Marijuana Program cardholder or primary caregiver and is over 18 years old.

Permitted Returns
Your store may accept or make returns of usable marijuana, marijuana items, hemp commodities and products, immature marijuana plants, and seeds. You can only accept or return these eligible items from either the original licensee whom supplied the item, or the customer whom purchased the item. Make sure to accurately record the transaction in the Cannabis Tracking System (CTS), and do not resell any items returned by the customers.

Hemp
A store may sell and deliver industrial hemp concentrates, industrial hemp extracts, or industrial hemp commodities or products as long as those items were received from an OLCC processor with an approved industrial hemp processor endorsement.

Home Delivery
Prior to this change, home delivery orders had to be confirmed before 4pm. Now they can be confirmed until 8pm.

Limited Access Areas
Stores must clearly identify all limited access areas. Stores must keep a daily log of all employees, contractors, and license representatives who perform work on the licensed premises.

Prohibited Statements in Advertising
Statements may not use any objects or any other depiction that is attractive to children or persons under age 21 (i.e., minors), or contains any content that can reasonably be considered to target minors. This means cartoons; design, brand, or name that resembles a non-cannabis product of the type typically marketed to minors; symbols or celebrities commonly used to market products to minors; images of minors; or words that refer to products commonly associated with or marketed by minors.

Promotional Events
Licensees can transport marijuana items to and exhibit them at a trade show or similar promotional event. Promotional events cannot be held in cities or counties that prohibit recreational marijuana businesses or in locations where alcoholic beverages are being stored or consumed. Event organizers must receive approval from the OLCC prior to event date that lists all approved participating licensees; update and maintain the application and keep a copy of it at the event; verify that participating licensees’ manifests accurately reflect the marijuana items transported to the event; maintain log of participating licensees’ attendance; and be present or designate a license representative to be present during the event.
      At promotional events, participating licensees can display marijuana plants and items from their inventory. However, they cannot transfer or possess more than 24 ounces of usable marijuana, 4 mature marijuana plants, 10 immature plants, and 500 seeds tracked by count in the CTS, 16 ounces of cannabinoid products in solid form, or 72 ounces of cannabinoid products in liquid form. That being said, hemp items cannot be displayed, marijuana items or samples cannot be sold, transferred or distributed, and alcohol or marijuana items cannot be consumed in the approved area. Each marijuana items must be tracked and tagged with the UID tag and listed on a printed transport manifest that accompanies them for the duration of the event. Participating licensees must return all marijuana items immediately to their licensed premises after the conclusion of the event. Failure to properly track marijuana items is a Category III violation.

Changes to Violations
Category I Violations – Failure to verify the age of a minor (intentional) was added to Category I Violations.

Category II Violations – A $4950 fine was added for all Category II violations on 1st offense.

Category IIb Violations – Selling any form of cannabis to a minor (unintentional) was added to Category IIb violations. Also, the fine for a first offense was changed from $1650 to $4950. Finally, a license is now canceled on the 3rd violation, not the 4th violation.

Product Labeling Requirements
Each container must contain the following information:

  • Producer’s business or trade name and license number.
  • Business or trade name of licensee that packaged the product, if different from producer.
  • Product’s identity (for example, flower or concentrate).
  • Store license number or unique identification (UID) number.
  • Date of harvest.
  • Name of strain.
  • Universal marijuana and cannabis symbol.
  • Net weight in grams and ounces.
  • For pre-rolled marijuana, weight of usable marijuana used in product in grams.
  • Medical grade symbol (if an approved medical licensee and product).
  • Concentration of THC and CBD.
  • Required warning statements.
  • Any appropriate edible labeling.
  • Any appropriate concentrate labeling
  • Please refer to OAR 845-025-7070 on the Oregon Liquor Control Commission website.

Point of Purchase Warnings for Marijuana and Cannabis Products
All marijuana and cannabis products, when sold at retail, must be labeled with the warnings:

  • “For use only by adults 21 and older. Keep out of reach of children.”
  • “Do not drive a motor vehicle while under the influence of marijuana.”
Cannabinoid topicals, concentrates, extracts, and products other than edibles must contain the warning “DO NOT EAT” in bold capital letters.

For cannabinoid edibles, tinctures, and capsules, insert, “BE CAUTIOUS Cannabinoid edibles can take up to 2 hours or more to take effect.”

Finally, for medical grade products, insert, “For use by OMMP patients only. Keep out of reach of children,” in place of, “For use only by adults 21 and older. Keep out of reach of children.”


Washington

Gifting
While it was formally illegal, Washington state now allows the gifting of marijuana products. It is legal for someone 21 or older to gift marijuana and marijuana products to another person 21 or older. Keep in mind, third party sales are still illegal. In other words, someone 21 years of age or older cannot resell marijuana or marijuana product to another person, even if the other person is over 21.