Shortly before 420, the Marijuana Enforcement Division put out Industry Bulletin 17-02 covering a wide range of topics that often come up around April 20.  We hope all of our readers had a safe and prosperous holiday and kept this MED guidance in mind to avoid any potential compliance infractions.  Even though 420 is now behind us, the bulletin hit on a number of important issues that should be kept top of mind year round:

Visitors and Limited Access Areas

While visitors are welcome at licensed marijuana facilities, there are a handful of important items to keep in mind:

• Visitors must sign in upon arrival and sign out upon departure.  A well crafted visitor log will include the visitor’s full name, date and time of visit, purpose of visit, arrival time, departure time, MED Occupational Badge number (if applicable), escort, and purpose of visit.  Don’t forget, the MED can ask for visitor logs from as far back as January 2014!  [PSComplia’s best customers capture historical visitor logs in our platform so that it is easy to manage and access historical visitor logs!]

• Visitors must be accompanied by an escort.  There must always be at least one escort for every five visitors.

• Visitors must be at least 21 years of age or possess a valid MMR card.  We advise that each visitor has his or her identification or MMR card checked within the visibility of a security camera.

• Lastly, a licensed marijuana business cannot receive compensation for allowing a visitor to enter a limited or restricted access area.

Advertising

First and foremost, it is critical that no advertising be false or misleading.  Additionally, businesses are prohibited from participating in advertising campaigns with a high likelihood of reaching minors.  Study up on the M/R 1100 series of rules.  In short, businesses must obtain evidence reasonably demonstrating that fewer than 30% of the individuals exposed to an advertising campaign are under the age of 21.  Most reputable publications and media outlets have detailed information on the demographics that engage with their content and this often serves as a great evidence to validate compliance with these rules.  [PS Complia’s best customers track this documentation in our platform!]

Closed-Loop System

It should be no surprise to our readers that all regulated marijuana products must remain in the “closed-loop” system until it is sold to a patient or customer.  This applies to sampling (as we wrote about a few weeks ago), industry events, and competitions.  You can’t just walk cannabis or infused products out of your facility.

Also, the MED does not appreciate folks who attempt to skirt these rules by claiming products are for “personal use.”  In fact, the bulletin could not be more clear:

“Attempts by Medical or Retail Marijuana business owners or employees to avoid the intent of the statute and regulation prohibiting off-premises display and sale of marijuana by, for example, using personally purchased marijuana or marijuana infused products to advertise for your licensed business will be investigated by the Division.”

Because the MED took the time to alert licensees about these topics, it’s fair to assume they are on the minds of regulators.  We encourage our readers to take some time to ensure the appropriate protocols and documentation is in place to comply with each of these topics.

Yours in Compliance,

Team Complia