The world of legal cannabis is constantly changing. Staying compliant as a cannabis retail owner can therefore be really challenging, especially if you don’t have a dedicated team like we do in our California-based partner Rogoway Law.
At Apple Water Management, we leverage the knowledge and experience of our partners to help keep our clients ahead of the curve. Increasingly, our customers share that the intense pace required to run a successful cannabis retail space leaves them little time to stay ahead of upcoming regulatory changes. This makes them reactive rather than proactive.
Working with Rogoway Law, we make sure to pass along any relevant regulatory or compliance issues before they become a reality. This way our clients have one less thing to stress over, and can continue to enjoy a seamless cannabis retail cash management experience.
Every State Has Their Own Laws
While some states may be more transparent than others, it’s no surprise to see cannabis related news get buried in the news cycle. The Cannabis Administration and Opportunity Act (CAOA), submitted to congress by U.S. Senate Majority Leader Chuck Schumer, Senator Cory Booker, and Senator Ron Wyden, if passed, would remove cannabis from the federal list of controlled substances.
As described on Senator Booker’s website, if signed into law, the CAOA would, among other things, “end the harmful and out-of-touch federal prohibition on cannabis by removing cannabis from the federal list of controlled substances and empowering states to implement their own cannabis laws.”
Though there is a lot of forward movement around the CAOA it is unlikely, however, to be passed anytime soon. Meanwhile, cannabis laws on the state level continue to shift.
Here are a few updates to be aware of:
With the passing of SB654, patients visiting from other states now have an extended period of time—of 90 days—to legally access medical cannabis in the state. Additionally, S703 allows patients seeking medical marijuana access to use telehealth.
Thanks to H391, medical cannabis patients in Louisiana now have access to cannabis flower. State medical patients can purchase up to two and a half ounces for a 14-day period.
Pertinent for dispensary owners, the passing of H1024 expanded 90-day period possession limits for state medical patients. It also provides allowances for patient curbside pickup and telemedicine patient certifications.
With the enactment of S1201, adults over 21 can now legally possess up to one and a half ounces of cannabis flower, or the equivalent amount of concentrates in public, as well as up to five ounces of cannabis flower in their private residences.
A21 established licensing for the commercial production of cannabis and retail sales to adults over 21. Residents can legally possess up to one ounce of cannabis. All sales are subject to a state sales tax, in which 70 percent of revenue will be reinvested in designated, low-income communities, explains the Tax Foundation.
Marijuana Moment reports that adults 21 and older in New Mexico can now legally purchase up to two ounces of cannabis flower and/or up to 16 grams of extracts from licensed retailers as well as cultivate up to six mature plants at home for personal use.
New York’s Marijuana Regulation and Taxation Act (MRTA) legalized and set-up regulations for a commercial cannabis market in the state. Adults over 21 can now cultivate their own plants from home with restrictions as well as purchase and possess products sold by licensed retailers.
In Virginia, recent legislation legalized the personal possession, and home cultivation of cannabis while setting up a regulatory framework for the establishment of licensed retail sales. While the personal use provisions went into effect July 2021, residents shouldn’t expect to see retail provisions go into effect until January 2024, unless expedited by lawmakers.
Gov. Gavin Newsom signed Ryan’s law into effect in September 2021, which permits the use of medical cannabis products within hospitals and other eligible health care facilities, according to NORML.
S60 expanded the group of medical professionals that can issue medical cannabis authorizations. Physician assistants and nurse practitioners can now authorize medical use, according to NORML.
District of Columbia
The District of Columbia passed legislation that expands patient access to medical marijuana reports the DCist. The new emergency law provides a grace period for registered patients to purchase goods without renewing their authorization.
S195 went into effect July 2021, which allows 30 retailers to become state-licensed for the sale of high CBD and low THC oils to medical cannabis patients, according to NORML.
Minnesota expanded the types of products medical cannabis patients could legally purchase to include cannabis flower, reports MPR News. The new cannabis regulations went into effect in May 2021; it allows for patients to purchase goods via curbside pickup from licensed retailers.
After the Treasure state voted in favor of adult-use recreational legalization in 2020, licensed retailers in Big Sky Country started selling cannabis legally in January 2021.
Out-of-state medical marijuana patients can now legally purchase cannabis in New Hampshire.
Nevada became the latest state to establish licensing for cannabis consumption lounges, which took effect in October 2021.
As of September 2021, licensed dispensaries in Oregon can now deliver adult-use cannabis products to consumers, who are 21 and older.
A small step for a big state: H1535 in Texas raised the THC limits on regulated products from .5% to 1% in September 2021.
The passing of S170 provided allowances for state medical patients to purchase licensed products while their application is still under review.
Apple Water Promise
The Apple Water Management team knows that all of these changes can be overwhelming to keep track of. So, we’ll keep track of things for you.
Our ATM Cash Management program includes Compliance & Regulation Oversight to help your cannabis retail business flourish.
Learn more about Apple Water Management’s Zero-Cost ATM Placement program by contacting us today.