Multiple cannabis retailers across the country have reported break-ins and vandalism during this period of nationwide civil unrest.
On May 20, 2020, the Washington State Liquor and Cannabis Board (LCB) held a virtual listen and learn forum on Draft Conceptual Rules Regarding Marijuana Licensee True Party of Interest Rules. Cannabis Observer covered the forum and a summary is available here.
The move to change the true party of interest (TPI) rules started in October 2018 when the LCB issued a rulemaking proposal considering changes to WAC 314-55-035, which is home to the current definition of a TPI. This is a big deal because the current TPI definition broadly defines what it means to own a marijuana business and has made it very challenging to own or invest in a Washington marijuana business. This post will examine the landscape in Washington under the current definition of a TPI and what we may see in the near future under these draft rules.
The Current Status of Washington True Parties of Interest
Under WAC 314-55-035, a TPI means any of the following individuals:
True party of interest
Persons to be qualified
Sole proprietor and spouse.
All partners and spouses.
Limited partnership, limited liability partnership,
Several councillors want to see provincial or federal governments handle cannabis odours.
West Nipissing has decided not to outlaw the smell of legally grown cannabis.
Municipal council voted down a proposed bylaw Tuesday night that would have required anyone growing cannabis to control the odour.
“People are going to have to get used to the smell of cannabis. The same way we got used to the smell of asphalt and traffic and cars and stuff,” said West Nipissing councillor Jeremy Seguin.
– Read the entire article at CBC News.
With the stigma of cannabis fading by the day, more families are exploring treatments that are more accessible and less pharmaceutical.
The autism community is (literally) buzzing over several recent studies showing that cannabis and CBD-based products may help those on the spectrum, alleviating symptoms, and creating a much better quality of life.
The Journal of Autism and Developmental Disorders found that in a study of 60 children on the autism spectrum, the use of cannabidiol-rich cannabis improved behavioral outbreaks in 61% of patients. Building on that vein, a study published in January 2019 found the same results. With 188 patients on the autism spectrum treated with medical cannabis between 2015 and 2017, the study found that an oil with 30% CBD and 1.5% THC not only offered patients improvement, but the oil appeared to be “well-tolerated, safe and effective.”
– Read the entire article at Benzinga.
The Oregon Liquor Control Commission (“OLCC”) is tasked with regulating medical and recreational cannabis in Oregon and this includes commencing administrative enforcement proceedings against licensees found in violation of one or more rules. The OLCC may seek sanctions against licensees ranging from a monetary penalty and/or a period of suspension to license cancellation. We sat on the last rulemaking committee and advised the OLCC on this issue, which resulted in some significant changes to the process and associated penalties. We also regularly represent OLCC licensees who find themselves in trouble with the OLCC and we often negotiate favorable settlements on behalf of our clients. It has been some time since we’ve written on this topic and so a refresher on the process is in order—particularly in light of new rules that focus on Licensing and Security issues.
As every OLCC licensee knows, the rules are complex and change frequently and marijuana businesses should establish a comprehensive compliance plan. (See posts on that here, here, here, and here). When the OLCC determines a cannabis business or its employee has violated a rule, it issues what is known as a “charging document.” The charging document will list what rule has been