Managing California Cannabis Businesses

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Cannabis – Gumballs Bad Combination

Cannabis – Gumballs Bad Combination

Cannabis – Gumballs Bad Combination is a post that is very likely going to land yours truly in a substantial amount of “hot water”. However after some reflection, to hell with it,Cannabis - Gumballs Bad Combination the passing of Senator John S. McCain, III who is an American hero and an icon of the values that represent American individualism and of beliefs and values about doing what is right, for a greater good, even if it isn’t in our immediate self-interest makes this an easy one. The success or failure of the legal, commercial cannabis industry depends, in large measure, on four factors. They are:

  • Regulated Markets

The creation and development of regulated, legal markets that are perceived as fair, having a reasonable cost without the complexity that so onerous that compliance is impossible [Our view is that California is well on its way to achieving that goal, though there are some significant corrections, notably with respect to compassionate medical use, compliance, and lab testing, and banking to be addressed.]

  • Licensed Professionals

The development of a significant pool of licensed professionals, particularly attorneys, certified public accountants, enrolled agents [yep, that group that I poke at all the time is critical here assuming that they have the requisite thirty hours or accounting], and scientists [my term for the chemists, healthcare, and others with graduate-level degrees and professional licenses that are critical to demonstrating the integrity of the industry to the regulators.

  • Competent Skilled Workforce

The workforce that performs substantially all of the labor and services [distinct from Licensed Professionals] that provides skilled, semi-skilled and manual labor for the cannabis industry [akin the enlisted ranks in the military] are critical. The workforce needs to be recognized as performing legal, legitimate services that feed families and contribute to communities, part of the legal immigration, taxation, and healthcare systems [free from the scourges of human trafficking and scourges of discrimination, sexual harassment and abuse]. Cannabis needs to lose its status as “a plant with an attitude” and be recognized for what has become, legal agricultural activity in California and other states. [The larger discussion includes, delisting from DEA Schedule I, acceptance by FinCEN and the banking system and a change in IRC Sec. 280E, possible replacement with an excise tax.].

  • Industry Self-Governance, Guidelines, and Process

The commercial cannabis industry needs to follow through on the creation of organizations, standards, and procedures to demonstrate its integrity. The process is going to have to include leadership from industry associations that take a long view with respect to lobbying activity, an objective process for the selection and sponsorship of content providers at trade shows and on websites. The abhorrent practices of “pay for play” for platform speakers, and tolerance of incompetence, outright criminal conduct, and the pontification of rubbish, blather, and gibberish as “expert knowledge” needs to cease. Pseudo-scientific claims and self-aggrandizement can NOT be tolerated if the industry is going to have credibility.

Cannabis – Gumballs Bad Combination

Our next several articles are going to dig into the practices and conditions that attention for the four prongs to develop. Specific examples that we will explore include:

  • Pay to Play – Financial costs, beyond association membership for platform speaking slots at trade shows and conferences.

 

  • Toxic Spew – The willingness by the website owners, community and forum managers overlook criminality, incompetence, and the ramblings of soothsayers and “tossers” [collectively “Toxic Spew“] merely because they provide financial recompense. If posted content falls within that definition, it is rubbish and should NOT be published for sake of filling space.

 

  • Whistleblowers and anyone else with the requisite expertise that identifies Toxic Spew must be protected, acknowledged and valued by the owners, sponsors, and managers for their role in bringing integrity to the industry. The banning, muzzling, shunning and castigation needs to end immediately, and any one individual or entity that engages in such practices scorned, sanctioned, subject to penalties that include reporting to regulatory authorities and law enforcement.

 

  • Respect, Dignity and Safe Environment – Everyone is entitled to expect that their interactions with colleagues, agents, suppliers, and clients will be non-threatening and respectful [that doesn’t preclude spirited disagreement or even argument] on a reciprocal basis. A safe, healthy, and productive work environment is a right, and in many jurisdictions, the law. Everyone needs to commit to eliminating any actions or circumstances that undermine such an environment. Unlawful discrimination, verbal or physical harassment or abuse, or offensive behavior (whether or not sexually related) is unacceptable and requires immediate, clear and consistent consequences.

We have chosen to label the unwillingness or lack of fortitude on the part of anyone with the responsibility to be part of the solution to these issues as Gumballs [which is hereby stipulated to be gender neutral]. We are going to spare everyone the mental images that would come with my effort to elucidate the definition.

We all need to be part of the solution, otherwise, we are part of the problem.

Cannabis – Gumballs Bad Combination
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aBIZinaBOX Cannabis Licensing FAQ’s

aBIZinaBOX Publishes Cannabis Licensing FAQ’s

aBIZinaBOX Publishes Cannabis Licensing FAQ’s covering a substantial number of BCC issues.

What are the requirements for Cultivation licenses?

What are the fees and requirements for Cultivation licenses?

What are Cultivation site requirements?

What are the record-keeping and reporting requirements for Cultivation?

What are inspection, investigation, and audit requirements for a Cultivation license?

Who do the Manufacturer definitions apply to?

What are definitions for Cannabis Manufacturing?

What are the Manufacturer licenses and types?

What are the requirements for Manufacturer’s premises?

What are rules regarding changing a Manufacturer License?

What are the security requirements for a Manufacturer?

What are permissible extracts for a Manufacturer?

What are the rules for Manufacturer’s extraction systems?

What are operational best practices for a Manufacturer?

What are production and process controls for a Manufacturer?

What are a Manufacturer’s other responsibilities?

What are special processing requirements for a Manufacturer?

What are prohibited products for a Manufacturer?

What are Manufacturer requirements for edible products?

What are Manufacturer requirements for topical products and concentrates?

What are Manufacturer requirements for failed batches?

What are the general requirements for a Manufacturer for labeling and packaging?

What are the Manufacturer labeling requirements?

What are the Manufacturer packaging requirements?

What are Manufacturer recordkeeping requirements?

What are the Manufacturer Track and Trace requirements?

What are the Manufacturer advertising requirements?

What are the Manufacturer inspection requirements?

What are the Manufacturer transitional requirements?

What are Standard Conditions of Probation?

What are core Disciplinary Guidelines?

What is covered by required testing by a Testing Laboratory?

What are the phase-in requirements for Testing Laboratories?

What are the operating requirements for a Testing Laboratory?

What are the definitions applicable to Testing Laboratories?

What are the disciplinary provisions contained in the Emergency Regulations?

What is the Chain of Custody requirements for a Testing Laboratory?

What is contained in a Testing Laboratory Certificate of Analysis?

What are procedures for Samples obtained by a Testing Laboratory from a Distributor?

Canada Plans Tracking Cannabis Users

Canada Plans Tracking Cannabis Users

Canada Plans Tracking Cannabis Users use social media as evidenced by its issuance of a public tender for services.

The Canadian government is seeking a company that will scour social media and the dark web for data on Canadians’ use of cannabis. The request comes just weeks before recreational pot use becomes legalized on October 17.

According to a tender posted by Public Safety Canada this week, the government wants a company to algorithmically scan Twitter, Tumblr, Facebook, Instagram, and “other relevant microblogging platforms” for information on Canadians’ attitudes towards legal pot and their behaviors.

The initiative will look for self-reported usage patterns (how much, what kind, and where) and activities such as buying and selling weed. The government will also be scanning social media for “criminal activities associated with cannabis use”—driving under the influence, for example. The initiative will also capture metadata, such as self-reported location and demographics, but according to the tender the data “must exclude individual unique identifiers.”

“Exploring public perceptions of cannabis use and related behaviors is key to developing a better understanding of how best to communicate to the general public about the risk of use and engaging in certain behaviors,” Public Safety Canada spokesperson Karine Martel wrote Motherboard in an email.

Martel did not comment on whether information on cannabis-related crimes collected from social media will be shared with law enforcement, but noted that the work will be conducted in compliance with the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans. This statement says that research focusing on topics that include illegal activities depends on promises of strong confidentiality to participants.

According to a second tender, also posted this week, the feds are also looking to keep track of Canadians buying and selling weed on so-called dark web markets. Such markets are only accessible through the encrypted Tor browser and payment is most often made using cryptocurrencies such as Bitcoin or Monero.

The initiative aims to analyze cannabis transactions and search forums as well as vendor and buyer profiles. The goal is to estimate the size of the digital black market for cannabis in Canada and to form an effective policy.

Source: The Canadian Government Is Going to Scan Social Media to See If You Smoke Pot

Canada Plans Tracking Cannabis Users

SF Cannabis Consumption Permit Regs

SF Cannabis Consumption Permit Regs

SF Cannabis Consumption Permit Regs have been released for public comment.

Cannabis Consumption Permits

Important Announcement

The San Francisco Department of Public Health (SFDPH) is seeking public comment on the Proposed Rules and Regulations for Cannabis Consumption Permits. The SFDPH has developed these Rules and Regulations to ensure that each business owner of a storefront retail location and the public are aware of the process of requesting a permit and the operating standards required to comply with the permit. As the owner of the business and the member of the public, we are seeking your input to ensure that the guidelines are clear and transparent.

The public comment period will be 30 days, from September 21, 2018, through October 21, 2018.

Submit public comments via Survey Monkey

Submit the public comment by email to [email protected]

Submit written comment to:

Attn: Cannabis Program 1390 Market St. Suite 210 San Francisco, CA 94117

Verbal comments will be heard at a public meeting on October 3, 2018 at 101 Grove Street, Room 300 from 2:00 pm to 4:00 pm.

Medical Cannabis Dispensary Permits

On January 5, 2018, Article 16 of the San Francisco Police Code went into effect in the City and County of San Francisco. Article 16 establishes a regulatory and permitting scheme for cannabis businesses. Also on January 5, 2018, amendments to Article 33 of San Francisco’s Health Code went into effect. Article 33 regulates medical cannabis dispensaries and will remain in effect until December 31, 2018.

The following changes were made to Article 33:
  • Starting January 1, 2018, a person may not file and the Department of Public Health may not accept an application for a medical cannabis dispensary permit.
  • A cooperative or collective that distributes cannabis to more than 10 persons during any consecutive 30-day period will be presumed to have 10 or more members and will require a permit under Article 33.
  • A medical cannabis dispensary must be operated from a fixed place of business. It may not be operated out of a bus, truck, car, van, or any other mobile location or location that is capable of being mobile.
  • Starting January 5, 2018, a medical cannabis dispensary that meets the eligibility criteria in Section 3322 of the San Francisco Health Code and receives authorization from the City and County of San Francisco and the State of California may Sell Adult Use Cannabis and Cannabis Products for a period of 120 days.
  • Starting April 1, 2018, medical cannabis dispensaries in San Francisco were no longer authorized by Article 33 to engage in the cultivation of cannabis.

The Department of Public Health will continue processing permits for businesses who submitted their applications prior to January 5, 2018. If you have any questions, please send an email to [email protected]

For more information about changes to San Francisco’s cannabis laws, please visit the San Francisco Office of Cannabis.

SF Cannabis Consumption Permit Regs

 

Gumballs Trump Don’t Knows

Gumballs Trump Don’t Knows

Gumballs Trump Don’t Knows – Hilary Bricken Esq. of Harris Bricken recently published “Top Seven Deadly “Don’t Knows” for California Cannabis Businesses”

1. Cannabis banking–when?. We’re all familiar with the cannabis banking epidemic. As a result of current federal laws, in certain states securing a bank account is nearly impossible (though in some states, banking is readily available because of the 2014 FinCEN guidelines).

2.  Provisional licenses. There’s a sinister deadline looming for all temporary licensees. Namely, after December 31, 2018, no more temporary licenses will issue to any cannabis businesses. I

3. Local control. Before you can receive a state temporary license, you must first show the state that you have the local approval of your city or county to operate within their borders.

4. CBD. CBD derived from industrial hemp in California is nothing short of a complete enigma.  Essentially, California is following the FDA lock-step on its treatment of hemp-CBD under federal laws.

5. Corporate versus cottage interests. The express intent of Prop. 64 was to hoist up and protect cottage interests in the cannabis industry.

6. DOJ and Jeff Sessions rescinded all DOJ marijuana guidance in January.

7. Enforcement of rule violations. Temporary cannabis licenses began issuing in California on January 1, 2018.

We are calling out Harris Bricken for having a really SHITTY blog policy where the DOESN’T publishes third-party  Gumballs Trump Don't Knows comments…as they seem to view their own marketing efforts and an absolute “not invented here” BUNKER MENTALITY as more important than the informed discussion of an issue which is of critical import to the cannabis industry.

Our thoughts on critical areas of improvement and top pain points are summarized below. They were originally published in Cannabis – Gumballs Bad Combination. We believe that they represent an absolute priority of many of the items listed in Ms. Bricken’s article.

  • Regulated Markets

The creation and development of regulated, legal markets that are perceived as fair, having a reasonable cost without the complexity that so onerous that compliance is impossible [Our view is that California is well on its way to achieving that goal, though there are some significant corrections, notably with respect to compassionate medical use, compliance, and lab testing, and banking to be addressed.]

  • Licensed Professionals

The development of a significant pool of licensed professionals, particularly attorneys, certified public accountants, enrolled agents [yep, that group that I poke at all the time is critical here assuming that they have the requisite thirty hours or accounting], and scientists [my term for the chemists, healthcare, and others with graduate-level degrees and professional licenses that are critical to demonstrating the integrity of the industry to the regulators.

  • Competent Skilled Workforce

The workforce that performs substantially all of the labor and services [distinct from Licensed Professionals] that provides skilled, semi-skilled and manual labor for the cannabis industry [akin the enlisted ranks in the military] are critical.

  • Industry Self-Governance, Guidelines, and Process

Our “PAIN POINTS”

  • “Pay to Play“ – Financial costs, beyond association membership for platform speaking slots at trade shows and conferences.
  • “Toxic Spew“ – The willingness by the website owners, community and forum managers overlook criminality, incompetence, and the ramblings of soothsayers and “tossers” [collectively “Toxic Spew“] merely because they provide financial recompense. If posted content falls within that definition, it is rubbish and should NOT be published for sake of filling space.
  • “Whistleblowers“ and anyone else with the requisite expertise that identifies Toxic Spew must be protected, acknowledged and valued by the owners, sponsors, and managers for their role in bringing integrity to the industry. The banning, muzzling, shunning and castigation needs to end immediately, and any one individual or entity that engages in such practices scorned, sanctioned, subject to penalties that include reporting to regulatory authorities and law enforcement.
  • Respect, Dignity and Safe Environment – Everyone is entitled to expect that their interactions with colleagues, agents, suppliers, and clients will be non-threatening and respectful [that doesn’t preclude spirited disagreement or even argument] on a reciprocal basis. A safe, healthy, and productive work environment is a right, and in many jurisdictions, the law. Everyone needs to commit to eliminating any actions or circumstances that undermine such an environment. Unlawful discrimination, verbal or physical harassment or abuse, or offensive behavior (whether or not sexually related) is unacceptable and requires immediate, clear and consistent consequences.

We ENCOURAGE your comments and the healthy debate which should follow.

Gumballs Trump Don’t Knows

 

 

California Extends Privacy Rules – Adult Use

California Extends Privacy Rules – Adult Use

California Extends Privacy Rules – Adult Use – The Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, provides for the licensure and regulation of commercial cannabis activity, including cultivation, manufacturing, distribution, and retail sale. Existing law requires licensees to maintain specified records of commercial cannabis transactions.

Existing law, the California Uniform Controlled Substances Act, makes various acts involving marijuana a crime except as authorized by law. Existing law, the Medical Marijuana Program (MMP),

California Extends Privacy Rules - Adult Use
Bureau of Cannabis Control

requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits.

Existing law requires information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the Bureau of Cannabis Control for the purposes of administering the act to be maintained in accordance with state law relating to patient access to his or her health records, the Confidentiality of Medical Information Act, and other state and federal laws relating to confidential patient information, and provides that this information is confidential and exempt from disclosure under the California Public Records Act, except as specified.
The existing law deems information contained in a physician’s recommendation to use cannabis for medical purposes to be “medical information” within the meaning of the Confidentiality of Medical Information Act, and prohibits a licensee from disclosing this information, except as specified.
California Extends Privacy Rules – Adult Use
Existing law, the Confidentiality of Medical Information Act, prohibits providers of health care, health care service plans, contractors, employers, and 3rd-party administrators, among others, from disclosing medical information, as defined, without the patient’s written authorization, subject to certain exceptions, as specified. A violation of the act resulting in economic loss or personal injury to a patient is a misdemeanor and subjects the violating party to liability for specified damages and administrative fines and penalties.
This bill would prohibit a licensee from disclosing a consumer’s personal information, as defined, to a 3rd party, as specified, except to the extent necessary to allow responsibility for payment to be determined and payment to be made or if the consumer has consented to the licensee’s disclosure of the personal information. The bill would prohibit a licensee from discriminating against a consumer or denying a consumer a product or service because he or she has not provided consent to authorize the licensee to disclose the consumer’s nonpublic personal information to a 3rd party not directly related to the transaction.
This bill would deem a business licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act that is authorized to receive or receives identification cards issued pursuant to the MMP or information contained in a physician’s recommendation to be a provider of healthcare subject to the requirements of the Confidentiality of Medical Information Act.
The bill would further deem identification cards issued to qualified patients to be “medical information” within the meaning of the Confidentiality of Medical Information Act and would prohibit a licensee from disclosing that information, except as specified.
The bill would provide exceptions to the prohibitions on disclosure of a consumer’s personal information, identification cards, and information contained in a physician’s recommendation for a contractor providing software services to a licensee, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.
California Extends Privacy Rules – Adult Use

METRC Frequently Asked Questions

METRC Frequently Asked Questions

METRC Frequently Asked Questions – are exactly what their name implies…a compilation of frequently asked questions about METRC

METRC Frequently Asked Questions

What is the California Cannabis Track-and-Trace system?

The California Cannabis Track-and-Trace (CCTT) system is the program used statewide to record the inventory and movement of cannabis and cannabis products through the commercial cannabis supply chain—from cultivation to sale.

What software is being used for this system?

And who is the service provider?

The state’s contracted service provider for the CCTT system is the technology company Franwell, Inc., and they are using the Metrc software program—the same program now used in many other states for their medicinal and adult-use cannabis programs.

Do I have to use CCTT-Metrc?

Yes. All state-issued annual licensees are required to use the CCTT-Metrc system to record, track, and maintain information about their cannabis and cannabis product inventories and activities. Please note that temporary licensees are not required to use the system, nor will they be provided access to it. Instead, the state’s emergency regulations require temporary licensees to document all sales and transfers of cannabis and cannabis products between temporary licensees—or between temporary licensees and annual licensees— by manually using paper sales invoices or shipping manifests. A sample sales invoice/shipping manifest (in a printable fill-in PDF) is available on the California Cannabis Portal’s California Track-and-Trace System web page, under Sales Invoice/Shipping Manifest Sample: cannabis.ca.gov/track-and-trace-system.

Note: All annual licensees must use the CCTT-Metrc system to manage inventory related to transfers to and from temporary licensees and to print an “external” manifest that serves as, or supplements, the paper manifest.

What is a Unique Identifier (UID)?

A unique identifier (UID) is an alphanumeric code or designation used to uniquely identify a specific plant, cannabis, and/or cannabis product on licensed premises. UIDs are specifically provisioned as the plant or package tags and are ordered by and assigned to the annual licensee within the CCTT-Metrc system. The annual licensee is responsible for assigning a CCTT-Metrc nonrepeating, a globally unique identifier to each immature lot, flowering plant, and distinct cannabis product. This assignment is accomplished via the issuance of encrypted radio-frequency identification (RFID) tags to annual licensees. The assigned UIDs then track the cannabis and cannabis products when they are transferred from one licensee to another.

METRC Frequently Asked Questions

How will I get my UIDs?  And do I have to pay for them?

Once annual cannabis licensees or the designated Account Managers have been trained and provided access to the CCTT-Metrc system, they may order their UIDs through the system. The cost of UIDs, along with all other costs needed for administering California’s state cannabis programs (the California Department of Food and Agriculture’s CalCannabis Cultivation Licensing Division, California Department of Consumer Affairs’s Bureau of Cannabis Control, and the California Department of Public Health’s Manufactured Cannabis Safety Branch), their respective licensing systems, and the CCTT-Metrc system have been factored into the fees for the state’s cannabis licenses. There is no additional cost for the UIDs.

Do I have to complete the state-provided training before I can use the CCTT-Metrc system?

Yes. Upon submission of an annual-license application, the applicable licensing authority—the California Department of Food and Agriculture, the Bureau of Cannabis Control, or the California Department of Public Health—will send system-training registration information to the applicant. Annual licensees will not be allowed to access the CCTT-Metrc system until the required CCTT-Metrc Account Manager New Business System Training has been completed by license holders or their designated Account Manager. Applicants are strongly encouraged to complete the required user training while their annual license application is being reviewed. Once an annual license is approved and the license holder or designated Account Manager has completed the required CCTT-Metrc Account Manager New Business System Training, he or she will be able to access the CCTT-Metrc system.

When and how will CCTT-Metrc system training be provided?

Franwell provides the required CCTT-Metrc Account Manager New Business System Training sessions for licensees who have submitted an annual license application to one or more of the licensing authorities. These training sessions are provided via live, interactive webinars and pre-recorded webinars. The registration process for training is provided by the applicable licensing authority upon receipt of a complete annual license application.

As more annual licensees are credentialed into the CCTT-Metrc system, Franwell will offer more frequent Account Manager New Business System Training webinar sessions and additional “advanced topics” training opportunities.

Are there any restrictions on the number of designated CCTT-Metrc system users for each licensed individual or entity?

No. However, each licensee is required to designate an owner or another party in the licensed organization who can legally represent the licensed entity and act as the licensee’s CCTT-Metrc Account Manager. The licensee’s designated Account Manager will be required to complete the CCTT-Metrc Account Manager New Business System Training and subsequently train each licensee-designated system user in the proper and lawful use of the CCTT-Metrc system.

Note: Licensees will be responsible for all data entered into the CCTT-Metrc system by their employees or contractors.

METRC Frequently Asked Questions

Who will have access to my CCTT-Metrc information?

Pursuant to Section 26067(b) of California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), information received and contained in the CCTT-Metrc system is confidential and may only be viewed by the licensee and authorized employees of the state of California, or any city, county, or city and county to perform official duties pursuant to MAUCRSA or a local ordinance.

Also, upon the request of a state or local law enforcement agency, licensing authorities will provide access to, or provide information contained in, the CCTT-Metrc system database to assist law enforcement in its duties and responsibilities pursuant to MAUCRSA.

Does the CCTT-Metrc system have an interface, or file upload process, that allows connection to third-party systems?

Yes. The CCTT-Metrc system offers access to third-party business applications via a standard Application Programming Interface (API) or file upload.

For more information, please see the “Integration and API” section of the Metrc California web page at: metrc.com/california. A list of third-party vendors who have completed the required steps and have been validated to use the API to interface with the CCTT-Metrc system also is accessible from the Metrc California web page.

Do I need to purchase additional hardware to use the CCTT system?

No. CCTT-Metrc is a completely web-hosted system, which means all access to the CCTT-Metrc system is via the Internet. Only an Internet connection (via an Internet service provider) and a web browser (such as Google Chrome, Internet Explorer, or Mozilla Firefox) is required. Access to a web browser and the Internet usually is achieved easily by using a computer, tablet, or smartphone. In addition, there is no software to download, install, or maintain.

How does using the CCTT-Metrc system allow the state of California to prevent inversion and diversion of cannabis or cannabis products?

The CCTT-Metrc system and plant- and package-tagging requirements alone are not expected to eliminate illegal inversion or diversion of cannabis throughout the commercial cannabis supply chain, but they are valuable auditing tools for assisting state and local compliance and enforcement staff. A multifaceted approach of regular monitoring—including reviews of licensee-reported data and onsite inspections—and referrals to law enforcement are expected to limit illegal movement significantly. The CCTT-Metrc system also will be used to identify anomalies indicative of potentially fraudulent activity. The state’s licensing authorities, sister state agencies, and local agencies will work collaboratively to develop analytical tools and inspection protocols to identify and investigate potentially fraudulent activity during all phases of the commercial distribution-chain activities, and they will take appropriate action as needed.

How can I find out more about the CCTT-Metrc system?

Additional information regarding the CCTT-Metrc system will be published on the following websites as it becomes available: California Cannabis Portal cannabis.ca.gov California Department of Food and Agriculture CalCannabis Cultivation Licensing Division calcannabis.cdfa.ca.gov California Department of Consumer Affairs Bureau of Cannabis Control bcc.ca.gov California Department of Public Health Manufactured Cannabis Safety Branch cdph.ca.gov/mcsb

METRC Frequently Asked Questions

Coke With Your Cannabis?

Coke With Your Cannabis?

Coke With Your Cannabis? – CBD craze meets Coca-Cola. After an early morning report yesterday that Coca-Cola is in talks with Canadian cannabis company Aurora about CBD-based wellness beverages, the media went wild with headlines suggesting that the world’s largest beverage company was basically cannonballing into the cannabis industry. Coke With Your Cannabis?

Not so fast.

Cannabis Wire reached out to confirm the report about Aurora, and a Coca-Cola spokesperson declined to comment “on reports and speculation of talks with Aurora or others.”

While Coca-Cola did confirm interest in CBD in a statement published on their site later in the day, they presented it as totally unrelated to the plant … from which CBD is derived.

“We have no interest in marijuana or cannabis. Along with many others in the beverage industry, we are closely watching the growth of non-psychoactive CBD as an ingredient in functional wellness beverages around the world. The space is evolving quickly. No decisions have been made at this time.”

While, perhaps, they could be talking about CBD derived from hemp, CBD is still very much part of and one of the most abundant compounds contained in “marijuana or cannabis.”

Let’s be real. This is like saying you are eyeing the chicken nugget market, but have “no interest” in chicken.

it’s unlikely that a major company like Coca-Cola would offer a product infused with CBD in the United States until the federal law changes, said Kris Krane, president of 4Front, a firm that advises companies on the legalities of marijuana and an expert on cannabis law. He said he would expect that Coke would develop the product first for sale in Canada, readying it for the United States once it’s legal.

“I can’t imagine they’re doing it just for the 35 million people in Canada, they clearly have an eye on the US market,” said Krane.

Coke could be well positioned to capture market share should CBD and other marijuana products become legal, said Bonnie Herzog, an analyst with Wells Fargo. She said in a note to clients Monday that Coke is positioning itself for the long-term. She estimates that cannabis-infused drinks could become a $50 billion annual market in the United States — nearly half the size of the $117 billion markets for US beer sales.

Both Coke and rival Pepsico have been trying to expand their businesses beyond traditional soft drinks as people drink less soda because of health concerns. Just last week, Coke announced a deal to buy Costa Coffee for $5 billion.

Source: Coke could make a move into cannabis-infused drinks

Coke With Your Cannabis?

Sell Cannabis – Fail Paying Taxes – Jail

Sell Cannabis – Fail Paying Taxes – Jail

Sell Cannabis – Fail Paying Taxes – Jail

Matthew Price, part owner and operator of Portland and Eugene medical marijuana dispensaries called Cannabliss, was sentenced Monday to seven months in prison, marking what a prosecutor called the country’s first federal sentencing of a legal marijuana business owner for tax crimes.

Price, 32, pleaded guilty to four counts of willfully failing to file income tax returns, a misdemeanor. He was ordered to pay $262,776 in restitution to the Internal Revenue Service for the tax loss. Copy of Cannabis Pricing – Dispensary Sell Cannabis - Fail Paying Taxes - Jail

Price must turn himself in on Nov. 1.

The court must address a unique question in the case: Can Price continue working in his marijuana business until his surrender or after he completes his prison term? A hearing is set Friday to decide.

The matter arises because using or selling marijuana remains prohibited under federal law and is a standard prohibition during federal supervision.

Sell Cannabis – Fail Paying Taxes – Jail

As he was cheating on his taxes, Price was advising the Oregon Liquor Control Commission on appropriate rules for the state’s recreational marijuana businesses, said Assistant U.S. Attorney Seth Uram.

Oregon lawmakers approved a medical marijuana dispensary registry system in 2012, regulating an already-robust retail market for medical cannabis. Two years later, Oregon voters said yes to recreational marijuana, allowing anyone 21 and older to possess and grow marijuana and creating a taxed and regulated system for retail sales. Oregon issued its first licenses to recreational cannabis retailers in the fall of 2016.

With almost 1,000 new retail marijuana businesses in Oregon “ripe for tax cheating,” the prosecutor urged the judge to send Price to prison for a year and one day to foster tax compliance. A sentence of probation would encourage similar tax cheating in a lightly regulated industry, Uram argued.

“Cash-intensive businesses of all kinds are notoriously susceptible to tax cheating, and Oregon’s retail marijuana businesses are no different,” he wrote in a sentencing memo. “The court should not forego an opportunity to deter tax cheating by state-legal marijuana business owners who are going to wake up the day after Price’s sentencing hearing, read an article about his sentence, and decide what to do next April 15.”

Sell Cannabis – Fail Paying Taxes – Jail

Price failed to report nearly $1 million of income and disregarded advice from three different certified public accountants who for years warned him not to use his business money to pay personal expenses, the prosecutor said.

But Price did anyway, spending $67,000 in cash on a sports car, $15,000 in cash on a Rolex watch and other income on tropical vacations, expensive homes and season tickets to the Portland Trail Blazers, Uram said.

Sell Cannabis – Fail Paying Taxes – Jail

CA Legislature – Provisional Cannabis License Bill

CA Legislature – Provisional Cannabis License Bill

CA Legislature – Provisional Cannabis License Bill – The California legislature is currently finalizing a bill (SB-1459) which would establish a provisional licensing regime for California cannabis businesses. The bill moved into “enrolled” status late last week, which means that SB-1459 has been approved by both houses of the state legislature and is being proofread to ensure all amendmentsCA Legislature - Provisional Cannabis License Bill were properly inserted. Once SB-1459 is “correctly engrossed”, only a signature from Governor Brown is needed for the bill to take immediate effect. In all, provisional licensing seems imminent.

These pending, provisional licenses would provide holders with a year-long, non-renewable, provisional license to operate after filing completed license applications. These provisional licenses would alleviate pressures on licensing agencies caused by the backlog of pending applications. Provisional licenses would also allow holders to continue operating, rather than potentially ceasing operations later this year.

Here is the current text of the statute [not signed by Gov. Brown yet]

CA Legislature – Provisional Cannabis License Bill

SECTION 1.

Section 26050.2 is added to the Business and Professions Code, to read:

26050.2.

(a) A licensing authority may, in its sole discretion, issue a provisional license to an applicant if the following conditions are met:

(1) The applicant holds or held a temporary license for the same premises and the same commercial cannabis activity for which the license may be issued pursuant to this section.
(2) The applicant has submitted a completed license application to the licensing authority, including evidence that compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) is underway.
(b) A provisional license issued pursuant to this section shall be valid for 12 months from the date issued and shall not be renewed. Except as specified in this section, the provisions of this division shall apply to a provisional license in the same manner as to an annual license.
(c) Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a license pursuant to this section by the licensing authority.
(d) Refusal by the licensing authority to issue a license pursuant to this section or revocation or suspension by the licensing authority of a license issued pursuant to this section shall not entitle the applicant or licensee to a hearing or an appeal of the decision. Chapter 2 (commencing with Section 480) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to licenses issued pursuant to this section.
(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

The Legislature finds and declares that Section 1 of this act adding Section 26050.2 to the Business and Professions Code furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.

SEC. 4.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

The significant number of cultivation license applications pending with local authorities that do not have adequate resources to process these applications before the applicants’ temporary licenses expire on January 1, 2019, threatens to create a major disruption in the commercial cannabis marketplace.
CA Legislature Page Link is Here
CA Legislature – Provisional Cannabis License Bill

CA Cannabis Licensing

Check Out Wake – Bake Daily

Check Out Wake – Bake Daily Site

Check Out Wake – Bake Daily Site – if you are anything like us, and spend your days busting your ass working on, and living with the California commercial cannabis industry at some point you start to take yourself way too seriously. That’s exactly how we feel about Mr. Sean Hocking, the publisher of wakeandbakedaily.com. Our sense is that this tidbit of wisdom from stonerjesus.net  captures the consequences of doing that.

Check Out Wake - Bake Daily Site

We will be adding their RSS Feed to our front page.

Take Your HardMojo, Add THC & Yes You’ve Got CannaMojo In the year of #metoo do we really need another dick product. According to the creator “It takes an average player and turns him into an all-star”

Smoking That Good Shit In An Unregulated Market Don’t Be Surprised If You AreCheck Out Wake - Bake Daily

We welcome our regular contributor Jordan Zoot to Waked & Baked Daily. Jordan Lives In Oakland and has been involved in CA’s regulated cannabis market for many years. ” Yo Smoked Good Shit Literally – say hello to Escherichia coli [“E coli”]. Escherichia coli (E. coli) bacteria normally live in the intestines of healthy people and animals. Most varieties of E. coli are harmless or cause relatively brief diarrhea. But a few particularly nasty strains, such as E. coliO157:H7, can cause severe abdominal cramps, bloody diarrhea, and vomiting. AND IT MAY BE IN YOUR STASH.”

rectal-cranial inversion – a serious medical condition, wherein your cranium, or brain, has changed places with your rectum, or asshole. it can lead to jail timeunwanted pregnancy, divorce, loss of job and/or income, and public embarrassment.
Word of the Day – Mopery
– the act of exposing yourself to a blind person
– acting suspiciously. A police slang word for a non-existent crime. – “he smoked dope and committed mopery”
– think of it as buggery’s first cousin

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