Action on Homegrow (Redux)
So… they approved the homegrow regs. The Final Home Cultivation Regs are up on the CCB Website and the homegrow policy nerds are all blowing up each other’s phones over it. You know who you are!
Here are some preliminary thoughts:
Security - The regs say that “reasonable measures must be taken to ensure that such plants, and any cannabis cultivated from such plants, is not readily accessible to anyone under the age of 21. Such reasonable measures may include but are not limited to: (1) conducting cannabis cultivation in an enclosed area, which may not be plainly visible from public view, including from the street of the private residence or on the grounds of the certified patient or designated caregiver’s private residence; and (2) locking and storing cannabis in a manner that prevents theft, loss, or access, which may include, but are not limited to locks, gates, doors, fences, and other barriers by an unauthorized person, including a person under the age of 21.
This is sort of a multi-part thing, but the most important words are “reasonable measures” and “may include” - not “must include”. The part about restricting from public view is not optional, but the manner in which you do it is up to you, as long as it is reasonable. The Assessment of Public Comment provided some very helpful guidance: “The proposed regulations do not specify a type of enclosure; therefore, cultivators should select a method that accomplishes the goal of limiting plants from the public view.” So plant far away from the street, if you can. Put up a fence if you cannot. Limit the plants from public view, just like you always have!
The same applies for the locks - reasonable measures may include locks, but if locks aren’t reasonable for your situation, then you don’t have to do it. The APC says “the proposed regulations do not specify the type of security device. Examples of security devices may include, but are not limited to locks, gates, doors, fences, and other barriers. Security measures are intended to protect public health and safety. With multiple options available, a person can choose an approach to security devices that best meets their budget and physical space for home grow.” So you can choose your own approach - just be reasonable. If you need locks and cameras to keep the neighbor’s kid out of your patch, put up locks and a camera.
Sale of seeds and clones - The regs say you can only sell if you are “a registered organization registered in accordance with Article 3 of the Cannabis Law or a licensee authorized by the Office of Cannabis Management.” Article 3 means the ROs, but what do they mean by “licensee authorized by” the OCM? Once again, the APC offers some clarity: “Registered organizations, registered in accordance with Article 3 of the Cannabis Law, or other licensee licensed in accordance with Article 4 of the Cannabis Law and authorized by the Office, are permitted to sell immature cannabis plants and seeds for home cultivation.” The rules themselves could be interpreted to mean that any licensee authorized by the OCM (e.g. people with a CBD license) could sell seeds and clones, but the APC clarifies this rule in two important ways - 1. it’s only articles 3 and 4; and 2. If you are licensed under Article 4 (I’m looking at you, CAURD applicants) you need to be authorized by the office. If you want to be authorized to sell seeds and clones, you better ask!
The Safety Insert - Retailers need to include a safety insert when they sell a plant - There were a couple of parts of this that seemed to need cleaning up to me - in particular, the safety insert is supposed to include the statement that language stating that “the certified patient, or designated caregiver, may not distribute medical cannabis to anyone else…” this is not consistent with section 115.2(f), which is says that the certified patient cannot sell or barter the cannabis. I had hoped they would fix this one (and there is still time as it looks like a scriveners error rather than a substantive change) but for now it remains in there.
I also thought that the requirement that the insert describe the “potential potency” of the plant is not a great idea - Not sure how one would measure potential potency, but I am quite sure that it has much more to do with the grower than it does with the strain.
OK this is going to have to do it for the moment - it’s bedtime! I’ll have more to say about these final regs tomorrow.