Important Announcements for September

Notice of Rulemaking Hearing - September 22, 2020 via Zoom

At this hearing, the MED will recommend that the State Licensing Authority adopt their amendments and new rules.  

Here’s a link to the proposed new rules. 

Please read these and let me know if you have any questions or comments - they will undoubtedly impact your business and will become effective January 2021 so review them to prepare your business to remain compliant with the changing regulations.  You can count on RZA Legal to provide a rundown via blog(s) and share in this newsletter once these rules are adopted to keep you and your business on track, but if any of these proposals look particularly bad or good for your business, speak up now!

A few big changes included in these redlines include: 

• Significant changes to the way samples for testing must be collected including requiring a “Sample Plan” as part of a licensee’s required SOPs

• Significant changes to the accelerator program to incorporate new legislation on social equity in cannabis licensing (note on page 16 of the redlines, one of the listed qualifications for eligibility as a social equity applicant says "Applicant’s household income in the year prior to application did not exceed $_______.00, (see proposed rule 2-220(C)(2)(c)(iii) - WTF?!) 

• Confirmation that trusts can be controlling beneficial owners of a licensed cannabis business and the documentation MED will require of them

• Removes the workforce training or development residency exempt license due to new legislation that removed the residency requirement for employees in the cannabis industry.

• Clarifications on off-premises storage facilities

• Clarification that delivery of marijuana will be restricted to private residences

• Creates a packaging and labeling validation process (see proposed changes to rule 3-1010 - effective July 1, 2021)

• Adding a requirement that vaporizer manufacturers establish an expiration date and requiring storage conditions be on the labels (effective July 1, 2022)

• and more!
  

USDA re-opens comment period for federal hemp program issues

USDA is particularly interested in comments on the following topics:

1. Measurement of Uncertainty for Sampling

2. Liquid Chromatography Factor, 0.877

3. Disposal and Remediation of Non-Compliant Plants

4. Negligence

5. Interstate Commerce

6. 15-Day Harvest Window

7. Hemp Seedlings, Microgreens, and Clones

8. Hemp Breeding and Research

9. Sampling Methodology-Flower vs. Whole Plant

10. Sampling Methodology-Homogenous Composition, Frequency, and Volume Sampling Agents

11. DEA Laboratory Registration

Comments must be received by October 8, 2020 - please share your experience and expertise and provide your valuable guidance to the regulators!  Want to discuss any of these topics?  Shoot me an email.