Medical Cannabis

Donated Cannabis Now A Reality

The adoption of Senate Bill 34 made donating cannabis to qualified medical patients a reality. Beginning March 1, 2020, cannabis retailers may provide free cannabis or cannabis products to qualified medicinal patients or their primary caregivers which exempts these donated items from excise, sales and use, and cultivation taxes. Licensed cultivators, manufacturers, distributors, retailers or microbusinesses may designate cannabis or cannabis products that they hold in their inventory for donation. But those items designated for donation may then only be provided to a medicinal patient or primary caregiver through a licensed retailer.

Medical patients can get donated cannabis

Cannabis and cannabis products designated for donation must comply with all requirements outlined in MAUCRSA and the state cannabis regulations. This includes, but is not limited to:

— Donated cannabis and cannabis products must move through the licensed supply chain in the same way as cannabis and cannabis products for sale and meet all applicable requirements for cultivation, manufacturing, distribution, laboratory testing, packaging and labeling, etc.;

— Cannabis and cannabis products that do not pass the required regulatory compliance testing cannot be donated; and

— Only licensees authorized for retail activity, or nonprofits working in conjunction with those licensed retailers, may provide donated product directly to qualified medicinal consumers.

— Licensees designating an item for donation are required to record that designation in Track-and-Trace and on invoices and sales receipts.

— Licensees cannot change the donation designation made by another licensee or after the donated item has been transported to another licensee. Any licensee that changes a donation designation will be liable for sales and use taxes on the items and may be subject to disciplinary action.

— Manufacturers producing cannabis products for donation must include the statement “FOR MEDICINAL USE ONLY” on the label.

Retailer’s Requirements:

Donated items may only be provided to medicinal cannabis patients, or primary caregivers, with a valid recommendation or medical marijuana identification card under Section 11362.7 of the Health and Safety Code.

Before providing free cannabis goods to a medicinal patient that does not possess a valid identification card, a retailer must:

— Verify with the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine that the attending physician providing the patient’s medicinal cannabis recommendation has a license in good standing to practice medicine or osteopathy in the state of California;

— Keep a copy of the patient’s or primary caregiver’s driver license or other government issued identification; and Prepare a written certification that the retailer verified the physician’s recommendation as required.

— A licensee authorized to engage in retail sales only through delivery may provide free cannabis goods only by delivery.

— A licensee authorized to engage in retail sales on a licensed premises open to the public may contract with an individual or organization to coordinate the provision of free cannabis goods on the licensee’s retail premises. A license may be held responsible for violations of applicable statutory and regulatory requirements by the individual or organization with whom the licensee has contracted pursuant to this subsection.

— The donated cannabis and cannabis products provided to a medicinal cannabis patient or the patient’s primary caregiver shall be applied toward the daily purchase limit for a medicinal cannabis customer contained in section 5409 of the Bureau’s regulations and the possession limits contained in Section 11362.77 of the Health and Safety Code.

Designating Packages for Donation in Track-and-Trace:

All items intended for donation must be marked as such in Track-and-Trace. A bulletin with step-by-step instructions for designating new or existing packages of cannabis, cannabis products, and immature plants and for entering retail donations these items has been posted in the California Cannabis Track-and-Trace system. Licensees can log into their Metrc account and find this bulletin under the Messages tab (appears as an envelope in the top left corner).

For questions about designating donations within the Track-and-Trace system, please contact the Metrc Support Desk: support@metrc.com.

How Does Medical Cannabis Differ From Recreational Cannabis?

Medical cannabis use typically focuses more on the concentration and type of cannabidiol (CBD) and how it affects certain medical conditions. Recreational marijuana focuses more on the concentration and type of THC, the chemical found in marijuana that causes the high feeling.

This is a general rule that can help people distinguish between the two. For many, it’s a confusing area, especially with so much debate about marijuana in the media on an almost daily basis.

The following offers more details on the differences between medical cannabis and recreational cannabis. They may come from the same plant, but the approach in producing both is different.

The use of medical cannabis has now been approved in more than half of the U.S. states. Each state typically lists diseases and conditions under which medical cannabis can be legally used. Most also require getting a medical cannabis card and having marijuana recommended by a doctor.

While the exact list tends to differ between states, the conditions eligible for marijuana use include epilepsy or chronic seizures, nausea in association with cancer treatments, and chronic pain. Medical cannabis also is legal in some states for use to treat anxiety.

People don’t use medical cannabis to “get high.” Instead, the CBD that naturally occurs in the plant has a positive impact on the above conditions. Cancer patients, for example, can rediscover their appetite even if going through chemotherapy. Children who experience epileptic seizures may see them reduced in frequency and intensity.

This is allowed by state law only, so it’s important to research the state laws in your area. The federal government continues to classify marijuana as a Schedule I illegal drug.

Recreational Cannabis

It’s tempting to say that recreational marijuana focuses on getting people high, but that is an oversimplification. It also calls to mind the stereotypical “stoner” sitting on the couch all day.

Nothing could be further from the truth in modern times. In the states where recreational cannabis is legal, people have started to use it as an alternative to a “drink after work” or on social occasions. It increasingly is becoming popular among professionals and with women.

In a legal, regulated system, recreational cannabis also is not like it was in the black-market days. Then, anyone who wanted to try marijuana was not only breaking the law but also buying from someone they didn’t know and having to use whatever they got.

Marijuana today is more akin to the craft beer movement. People can visit a dispensary and get advice on what strain is best for them or their situation. Some cannabis strains promote energy and focus. Others are better for relaxation on a “stay in and read a book” day or “Netflix night.”

It’s important to also realize that in a regulated environment, both medical cannabis and recreational cannabis have gone through an inspection process. That cuts out harmful material often found in the black-market marijuana of old.

Those are some of the differences between medical cannabis and recreational cannabis. They have significant differences and are designed for use in completely different ways.

Special Thanks to Dispensaries.com for content share

FEDERAL CANNABIS UPDATE: 2018

FEDERAL CANNABIS UPDATE: 2018 SPENDING BILL KEEPS ROHRABACHER-BLUMENAUER AMENDMENT

Last week, despite controversy, criticism from both sides of the aisle, and talk of a veto, President Trump agreed to sign the federal government’s omnibus spending bill for 2018. To the relief of many in the legal cannabis industry, the spending bill retains a provision known as the Rohrabacher-Blumenauer (or Rohrabacher-Farr) amendment, which provides limited protection from federal prosecution for state-level legal cannabis activity.

Given both Trump’s and Attorney General Jeff Sessions’ tough talk on drugs and threats to crack down on the cannabis industry, the continued presence of this amendment is a silver lining for those anxious about the future of legal cannabis. While this won’t mean a change in the federal treatment of marijuana – the amendment has been included in every spending bill since 2014 – it does indicate that the government intends to keep on its current course with regard to cannabis, as the provision has to be renewed every year to remain in effect.

Likewise, though the actual protections afforded by the Rohrabacher-Blumenauer amendment are limited, its being signed into law was, and remains, an important indication of the federal government’s shift in attitude regarding cannabis: as the LA Times reported following the provision’s first inclusion in the spending bill, “Congress for years had resisted calls to allow states to chart their own path on pot. The marijuana measure, which forbids the federal government from using any of its resources to impede state medical marijuana laws, was previously rejected half a dozen times.” In this light, the amendment was a notable pivot from a top-down to a state-level approach to cannabis regulation.

California cannabis consumers and business owners shouldn’t get too comfortable, though: not only does the amendment not change anything about the federal government’s cannabis policy in and of itself, its terms only apply to medical marijuana, not recreational cannabis. So far, the government has rejected proposed amendments that would grant recreational cannabis operations the same protection from federal intervention. For the time being, California cannabis business owners’ best bet is to stay in full compliance with state and local law as the federal situation develops.

Special Thanks to MARGOLIN & LAWRENCE for Content Share

Donated Cannabis Now A Reality

How Does Medical Cannabis Differ From Recreational Cannabis?

How Does Medical Cannabis Differ From Recreational Cannabis?