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Alert: Protocol related to cannabis canopy enforcement

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In November 2021, LCB communicated the Enforcement and Education Division’s protocol related to cannabis canopy enforcement. The protocol was designed to ensure consistent application of cannabis canopy rules described in WAC 314-55-075.

In August 2022, based on stakeholder concern about the protocol, LCB paused canopy enforcement prioritization, and opened rulemaking to explore whether revisions were needed to WAC 314-55-075. To better understand stakeholder perspective and inform potential rule development, the agency hosted two inclusive and interactive engagement opportunities in October and November 2022.

During the sessions, licensees, industry representatives and members of the public gathered to share thinking around potential rule revisions. Themes emerged that included policy options exceeding the scope of rulemaking, such as deconstruction of the tier system and engaging in individual plant counts, to a weight-based system. However, most participants were interested in consistent application of WAC 314-55-075 in practice rather than rule revision.

To support regulatory stability, the LCB Enforcement and Education Division and Director’s Office are working together to draft an interpretive statement designed to support consistent application of WAC 314-55-075 that supports the Enforcement and Education division’s cannabis canopy protocol. The agency anticipates withdrawing rulemaking related to WAC 314-55-075 during the Board’s regularly scheduled meeting on March 15. An interpretive statement will be issued and filed with the Reviser’s Office on or about April 7, 2023. Prioritization of canopy rule enforcement will resume at that time.

Please watch for updates and educational opportunities in the coming weeks. Thank you.



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Cannabis Control Commission to Host Public Comment Period, Hybrid Hearing on Amendments to Microbusinesses, Delivery, Telehealth Regulations

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Starting September 16, the Massachusetts Cannabis Control Commission (Commission) will be soliciting feedback from stakeholders on the agency’s proposed regulatory changes to Microbusinesses, Delivery license types, telehealth options for patients, and prescribing allowances for providers. These draft changes were unanimously approved by the Commission at the July 19 Public Meeting and subsequently filed with the Secretary of State’s Regulations Division for publication on September 13.

Constituents will be able to provide written comment from September 16 to October 7, as well as oral testimony at a public hearing scheduled Monday, October 7 at the Commission’s headquarters at Union Station, 2 Washington Square in Worcester. Written submissions should be emailed to [email protected] with “Regulation Comment” in the subject line of the email no later than 5:00 p.m. EST on October 7, 2024.

The proposed regulatory changes include the highly anticipated change to allow delivery licensees the option of delivering marijuana and marijuana products to consumers with one Marijuana Establishment Registered Agent in a vehicle at a time, as opposed to the current requirement of two Agents, when delivering items with total retail value of up to $5,000. Two Agents would still be required to staff vehicles transporting products with a retail value exceeding $5,000 and up to the $10,000 delivery maximum. Under the change, Social Equity Program Participant and Certified Economic Empowerment Priority Applicant businesses with exclusive access to delivery licenses types also would be permitted to hold three Delivery Operator and three Delivery Courier licenses for the first time.

The draft changes also include a proposal to allow Microbusinesses to apply for other license types, such as Retail and Transport licenses; permitting Qualifying Medical Patients to opt-in to utilizing telehealth consultation with a Certifying Healthcare Provider for their initial certification; and giving Nurse Practitioners with independent practices authority to certify Qualifying Patients without a supervising Physician.

Any feedback to the draft regulations should be submitted to the Commission during the specified public comment period, and no later than October 7, 2024. All submissions should include the submitters’ full name, and organization or affiliation, if any. Those received by the deadline will be reviewed by the Commission and may be incorporated into the final version of regulations that will be considered at a forthcoming public meeting. Please be advised that the Commission may publish submissions it receives or produce them in response to a request made under the Massachusetts Public Records Law, M.G.L. c. 66, § 10, or any other compulsory legal processes.

A link to view the October 7 Public Hearing will be published at: https://masscannabiscontrol.com/calendar/. In advance of the public hearing, text of the proposed regulations may be viewed by visiting the “Regulations” section of the Commission’s public documents page at MassCannabisControl.com, requested by emailing [email protected], or by calling the Commission at (774) 415-0200.

 

Current Regulations

Please note: The Redlined versions include only those chapters with edits and changes in accordance with the Secretary of the Commonwealth’s filing requirements.



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Pakistan National Assembly Recommends Amendments To Cannabis Control Bill – to regulate cultivation of cannabis plant, extraction, refining, manufacturing and sale of derivatives of the plant for medical and industrial use

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The Nation reports

ISLAMABAD  –  The National Assembly Standing Committee on Defence on Wednesday unanimously recommended amendments in ‘The Cannabis Control and Regulatory Authority Bill’ to make it in conformity with the Single Convention on Narcotics Drugs, 1961.

The third meeting of the standing committee was held at the Parliament House here under the chairmanship of Fateh Ullah Khan, MNA. On presentation of the bill, the committee was informed that Pakistan being a signatory to the Single Convention on Narcotics Drugs, 1961, was required to establish an agency of the government to regulate cultivation of cannabis plant, extraction, refining, manufacturing and sale of derivatives of the plant for medical and industrial use.

The committee was informed that the same was the reason behind introducing ‘The Cannabis Control and Regulatory Authority Bill, 2024’ in the National Assembly. After extensive debate, the committee while proposing certain amendments in ‘The Cannabis Control and Regulatory Authority Bill, 2024’ unanimously recommended that the National Assembly, on consideration of these amendments, may pass the said bill.

https://www.nation.com.pk/08-Aug-2024/na-body-recommends-amendments-in-cannabis-control-bill?utm_medium=email&_hsmi=93114992&utm_content=93114992&utm_source=hs_email



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Massachusetts: CCC Commissioners Bicker Over Who Takes The Chair

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The Massachusetts CCC descended into total chaos today, after a scheduled 10am meeting to discuss internal Commission governance started 30 or so minutes late and without the presence of acting CCC Chair Ava Concepcion.

Then, in shocking moments (depicted in the video below), the three remaining CCC Commissioners (Chair Shannon O’Brien is currently suspended) were unable to come to consensus as to who would serve as Chair in Concepction’s absence.

Commissioner Kimberly Roy, who was running the meeting, noted her previous disagreements with CCC legal counsel related to a Fall, 2023, delegation memo by O’Brien making Roy acting-Chair. CCC staff, shockingly, overrode that memo (however, it is quite likely that legal decision is under review by state oversight authorities).

A motion to make Commissioner Kimberly Roy failed 2-1, with Commissioner Nurys Camargo voting no, just minutes after Camargo made remarks about how much work there was to be done that day, and why the CCC needed to pick an acting chair quickly.

Camargo then turned down the opportunity to be acting Chair, and a motion to make Stebbins chair was voted down 2-1 (with Roy in opposition).

In turn, the CCC was forced to take a recess because they cannot move forward with today’s agenda in the absence of an agreement as to who will serve as acting chair.

I will have an update as soon as the CCC returns to session.



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