Washington: WSLCB Issues Advertising Warning Requirements For All Cannabis Products

wslcbMarijuana Producers, Processors and Retailers
Bulletin No 19-02

Date: May 31, 2019
To: Industry Members
From: Matt McCallum, Enforcement Advertising Coordinator
Subject:Warnings required on text message advertising

Text message advertising is required to follow the advertising warning requirements like any other general marijuana advertisement.

WAC 314-55-155(6) states that except for outdoor advertising, all advertising must contain the following warnings:

  • (a) “This product has intoxicating effects and may be habit forming.”;
  • (b) “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”;
  • (c) “There may be health risks associated with consumption of this product.”; and
  • (d) “For use only by adults twenty-one and older. Keep out of the reach of children.”

Warnings alone may not be attached via a link, or any other method that would require the recipient or receiver of the text advertisement to perform an action to access the warnings separate from the text message.

An example of what would be allowed would be a trade name or non-advertising language, accompanied by a link within the text that takes individuals to the advertisement which contains the required warnings. If any part of the text message itself can be considered advertising, however, it will need to contain all required warnings.

Please take a moment to assess your current text advertisement warning practices and correct, if appropriate. If you have questions about these requirements, please contact your area LCB enforcement officer.

Governor Cuomo Announces Plan For Marijuana Legalization, Calls For Automatic Record Sealing And Economic Justice

Statement from DPA’s Kassandra Frederique: New York Can Atone For Mass Criminalization By Passing Most Progressive Legalization Bill in U.S.

NEW YORK: Governor Cuomo called for effectively ending marijuana prohibition in New York State and creating a system to tax and regulate marijuana in a manner similar to alcohol for adults over the age of 21. Advocates have emphasized the need for reform be rooted in racial and economic justice—not solely a cash grab—and highlighted that legalization must center those who have been impacted.

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Members of the Start SMART NY coalition (Sensible Marijuana Access through Regulated Trade) – which is comprised of organizations and advocates dedicated to criminal justice reform, civil rights, public health, and community-based organizations who support legalization – affirmed that legislation must center the communities most harmed by marijuana prohibition.  This means reinvesting new tax revenues in these communities and remedying problems that stem from biased enforcement, which disproportionately affects Black and Latino New Yorkers. This reinvestment must be community-led, responsive to the harms caused, and accountable to communities.

Statement from Kassandra Frederique, New York State Director of the Drug Policy Alliance:

“Repairing the damage done by marijuana prohibition is not negotiable.  Restitution to communities most impacted by marijuana prohibition is the starting line.  Legalization in New York must be as comprehensive as the damage that has been done throughout the state.”

“We have the chance to pass the most progressive marijuana legalization bill in the U.S.  Given New York’s appalling history with racially biased marijuana enforcement, we must be bold and innovative in creating justice and equity. We want to see a policy that is responsive to the lives of New Yorkers, not solely business interests.  Legalization can be an economic engine driving wealth and equity in marginalized communities and providing space for alternative economic systems—if we work intentionally.”

The Governor’s proposal would:
•    Reduce impacts of criminalization affecting communities of color.
•    Automatically seal certain cannabis-related criminal records.
•    Implement quality control and consumer protections to safeguard public health.
•    Allow counties and large cities to opt out.
•    Restrict marijuana access to anyone under 21.
•    Generate approximately $300 million in tax revenue and create jobs.

Advocates are awaiting the full bill text. In the meantime, the Start SMART coalition calls for these provisions in any legalization initiative:
•    Making revenue available for efforts that will invest in communities harmed by the war on drugs and mass incarceration through job training, economic empowerment, and youth development programming.
•    Banning vertical integration to provide the maximum amount of space for new companies to develop and contribute to a New York–focused market.
•    Establishing a licensing structure designed to create a favorable environment for small businesses and family-scale farmers, which creates space for entrepreneurial efforts to be launched in small towns and rural areas, as well as disproportionately impacted communities across the state.
•    Including a micro-license structure, similar to New York’s rapidly growing craft wine and beer industry, that allows small-scale production and sale plus delivery to reduce barriers to entry for people with less access to capital and traditional avenues of financing.
•    Establishing a small business incubator program to provide direct support to small-scale operators who are marijuana license holders in the form of legal counseling services, education, small business coaching, compliance assistance, and funding in the form of grants or low- or zero-interest loans.

 

Senators Wyden, Merkley Urge FDA To Update Regulations To Ensure US Producers & Consumers Have Access To CBD, Other Hemp Products

DISTRICT OF COLUMBIA: Senators Ron Wyden and Jeff Merkley today urged the U.S. Food and Drug Administration (FDA) to update federal regulations governing the use of certain hemp-derived ingredients in food, beverages or dietary supplements.

Congress legalized the production and sale of industrial hemp and hemp derivatives, including hemp-derived cannabidiol (CBD), when it passed Wyden and Merkley’s Hemp Farming Act as a provision included in the 2018 Farm Bill. Outdated regulations, however, limit producers from taking full advantage of the industrial hemp market by, for example, prohibiting food products containing CBD from being sold across state lines.

In a letter to FDA Commissioner Scott Gottlieb, Wyden and Merkley requested the FDA update its regulations and give U.S. producers more flexibility in the production, consumption, and sale of hemp products.

“Farmers in Oregon and nationwide are poised to make real economic gains for their communities once these regulations are updated,” Wyden and Merkley wrote. “We will be closely engaged in the ongoing implementation of our legislation, as it was Congress’ intent to ensure that both U.S producers and consumers have access to a full range of hemp-derived products, including hemp-derived cannabinoids.”

As the FDA is operating with limited staff due to the Trump shutdown, Wyden and Merkley requested a response and answer to the following questions within 30 calendar days of the government reopening.

  1. What steps are the agency advancing to clarify to the public the authority the agency has in the production and marketing of hemp, specifically Cannabis sativa L. and its derivatives?
  2. What lawful pathways are currently available for those who seek approval to introduce Cannabis sativa L. and its derivatives as a food, beverages or dietary supplement, including into interstate commerce?
  3. Are there circumstances in which Cannabis sativa L. and its derivatives may be permitted as a food, beverages or dietary supplement by the agency?
  4. Will the agency consider issuing a regulation, or pursing a process, that would allow Cannabis sativa L. and its derivatives in food, beverages or dietary supplements that cross state lines?

A full copy of the letter can be found here.

Illinois Releases Proposed Industrial Hemp Regulations

ILLINOIS: Proposed rules for the regulation of industrial hemp production and processing were published today in the Secretary of State’s Illinois Register.

Illinois Department of AgricultureIllinois Department of Agriculture (IDOA) staff have been busy drafting those proposed rules since Governor Rauner signed the Industrial Hemp Act into law in August. This new law allows individuals or corporations licensed through IDOA to cultivate industrial hemp. IDOA will also register individuals or corporations that will process industrial hemp.

Now that the proposed rules have been published, IDOA is accepting comments during a 45-day First Notice public comment period. The proposed rules will then be considered by lawmakers at a Joint Committee on Administrative Rules, or JCAR, committee hearing. As soon as the rules are finalized and approved by JCAR, IDOA will begin accepting applications for industrial hemp licenses and registrations.

Click here to read the proposed industrial hemp rules and for instructions to submit public comments.

Connecticut House Appropriations Committee Approves Marijuana Legalization Bill

CONNECTICUT: The Joint Committee on Appropriations approved a bill that would legalize and regulate marijuana for adults in Connecticut on Thursday, potentially setting it up for floor consideration before the end of this year’s legislative session.

regulate marijuanaHB 5394, which was introduced by the committee, would task the commissioners of Mental Health and Addiction Services and Consumer Protection and Revenue Services with developing regulations for possession and retail sales of marijuana for adults 21 and older. More details will be added to the bill as it moves forward over the coming weeks.

“This committee vote reiterates what most Connecticut residents already know: it is time to make marijuana legal for adults,” said Becky Dansky, legislative counsel for the Marijuana Policy Project. “The discussions that have taken place in the legislature this year have provided more than enough information to effectively move forward with legalization. Connecticut should stop punishing adults for using a substance that is safer than alcohol, and it has an opportunity to regulate marijuana before it starts losing tax revenue to other states in the region that have already started this process.”

There are nine states that have made marijuana legal for adults, as well as the District of Columbia. Neighboring Massachusetts is in the process of implementing its regulated marijuana market, and in nearby New Jersey Gov. Phil Murphy has made legalizing and regulating marijuana a priority this year.

poll conducted by Sacred Heart University in October 2017 showed that 71% of Connecticut residents support regulating and taxing marijuana for adults.

 

Maine: Governor Threatens To Veto Legislation Regulating Voter-Approved Cannabis Sales

UPDATE:  Maine Governor Vetoes Retail Legalization Implementation

MAINE: Republican Gov. Paul LePage has threatened to veto legislation regulating the production and sales of cannabis to adults. Members of the House and Senate approved the legislation this week during a one-day special session, but did so without a veto-proof majority.

A majority of Maine voters decided last November in favor of a statewide initiative legalizing the adult use, retail production, and licensed sale of marijuana. Governor LePage lobbied against the measure and in January lawmakers passed emergency legislation delaying the enactment of many of its provisions until February 2018. Since that time, the Governor has refused to work with lawmakers with regard to how to regulate marijuana sales and other provisions of the law. The Governor did endorse legislation that sought to delay any further implementation of the law until 2019, but lawmakers defeated that measure.

Governor LePage has until November 3 to either sign the legislation, veto it, or let it become law absent his signature.

Presently, adults may legally possess, consume, and cultivate personal use quantities of cannabis, but no regulations exist governing its retail production or sale.


For more information, contact Justin Strekal, NORML Political Director, at (202) 483-5500.

Maine: Voter-Initiated Changes In Law Eliminate Marijuana Possession Penalties

MAINE:  Maine became the eighth state to eliminate criminal penalties specific to the adult possession and personal use of cannabis.

Language in Question 1: The Marijuana Legalization Act, specific to the private possession and cultivation of marijuana by adults, took effect on Monday. Maine voters narrowly passed Question 1 on Election Day.

The new law permits adults who are not participating in the state’s existing medical cannabis program to possess up to 2.5 ounces of marijuana and/or the harvest from up to six mature plants.

Public use of marijuana is a civil infraction punishable by a $100 fine.

In response to voters’ approval of Question 1, Maine lawmakers passed separate legislation last week, LD 88, also permitting adults to possess up to five grams of marijuana concentrates. However, other provisions in the measure delay the implementation of retail marijuana sales until at least February 1, 2018. It also prohibits the possession of “edible retail marijuana products” until this date.

Alaska, California, Colorado, Massachusetts, Nevada, Oregon, and Washington have previously adopted voter-initiated laws legalizing the private consumption and/or sale of cannabis by adults. The District of Columbia also permits adults to legally possess and grow personal use quantities of marijuana in private residences.

Pot Fans, Foes Fume As Washington DC tests Limits Of High Life

DISTRICT OF COLUMBIA: Almost a year has passed since it became legal to smoke, but not sell, marijuana in Washington, D.C., and pot enthusiasts and opponents alike are chafing under a compromise that leaves smokers in a haze over how to obtain their weed.

Sales of equipment to grow the plants indoors are booming, bartenders are getting joints as tips and the city council is deliberating whether to license cannabis clubs.

Both smokers and police complain that the city’s ban on sales, imposed by congressional conservatives, are leaving residents to bump up against legal limits around the drug.

“It is kind of the Alice in Wonderland of cannabis legalization. It’s like there’s all these rules and regulations that no one follows,” said Alex Jeffrey, executive director of DC NORML, a marijuana reform advocacy group.

New Party Bus In Denver Caters To Pot Smokers

COLORADO: The High There! Hopper is a free mobile marijuana lounge. The owners say the goal is to keep people off the road who are using pot. They say the bus is completely legal.

The company does not give people pot — they have to bring their own.

“This is what freedom looks like in Colorado in 2016; groups of people getting together, enjoying each other’s company and consuming cannabis in a safe, responsible, legal manner,” said Robert Corry, an attorney who supported legalizing recreational marijuana.

Fresno County City Approves Medical Marijuana Service

CALIFORNIA: The Coalinga City Council has voted to allow a medical marijuana dispensary, commercial cultivation and delivery services within city limits, making it the first Fresno County city to embrace new state laws regulating pot.

The Fresno Bee reports that the California Medical Marijuana Regulation and Safety Act went into effect Jan. 1 and lays groundwork for state regulation of marijuana. Coalinga has decided to move forward with those regulations, with hopes of establishing regulations for marijuana businesses by March.

The new state law gives cities and counties the ability to opt out of the marijuana industry as long as they pass statutes explicitly banning cultivation, distribution, delivery or anything else outlined in the act.