{"id":71566,"date":"2024-01-10T06:20:04","date_gmt":"2024-01-10T14:20:04","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/01\/10\/minnesota-police-and-regulators-will-meet-to-address-loophole-allowing-sale-of-raw-hemp-flower-that-may-be-marijuana\/"},"modified":"2024-01-10T19:46:52","modified_gmt":"2024-01-11T03:46:52","slug":"minnesota-police-and-regulators-will-meet-to-address-loophole-allowing-sale-of-raw-hemp-flower-that-may-be-marijuana","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/01\/10\/minnesota-police-and-regulators-will-meet-to-address-loophole-allowing-sale-of-raw-hemp-flower-that-may-be-marijuana\/","title":{"rendered":"Minnesota Police And Regulators Will Meet To Address \u2018Loophole\u2019 Allowing Sale Of Raw \u2018Hemp\u2019 Flower That May Be Marijuana"},"content":{"rendered":"<\/p>\n

\u201cWe\u2019re seeing lots of hemp flower\u2014doing air quotes\u2014out in the marketplace, and we don\u2019t have the regulatory authority over that flower.\u201d<\/em><\/p>\n

By Peter Callaghan, MinnPost<\/strong><\/p>\n

This story was originally published by MinnPost<\/a>.<\/em><\/p>\n

A loophole in the state\u2019s new recreational marijuana law allowing the sale of high-potency raw cannabis flower to go unregulated will be the subject of a summit this week between regulators, law enforcement and local government associations.<\/p>\n

The state Office of Cannabis Management is convening the January 11 meeting, along with hemp regulators at the state Department of Health, to discuss with sheriffs and police chiefs how best to respond to possible sales of marijuana in some registered hemp stores.<\/p>\n

The meeting comes more than a month after\u00a0it was reported<\/a>\u00a0that the new law passed last May did not include raw cannabis flower in the products that would be regulated by the\u00a0Office of Medical Cannabis<\/a>. That agency under the state Department of Health is charged with keeping an eye on the sale of hemp-derived edibles and beverages until a permanent\u00a0Office of Cannabis Management<\/a>\u00a0is established.<\/p>\n

But the problem comes from how the law describes the products the medical cannabis office regulates. Because it is assigned the regulation of products\u00a0made from<\/i>\u00a0hemp, and not the raw hemp flower itself, it has concluded that it has no jurisdiction over unprocessed raw flower.<\/p>\n

Some hemp retailers and smoke shops are selling raw flower that is portrayed as hemp but likely contains high concentrations of a compound known as THC, which, when smoked or vaped produces a high similar to marijuana. There is some debate whether such products are legal because they might test as hemp because they contain less than 0.3 percent THC\u2014the federal defining line between hemp and marijuana. But Minnesota is what is dubbed a \u201ctotal THC\u201d state because it includes all THC compounds in the measurement.<\/p>\n

Regardless of the measurement standard, the inspectors employed by the medical cannabis office do not appear to have authority over raw flower, so they are not confiscating or testing it to see if it exceeds concentration levels.<\/p>\n

\u201cWe\u2019re seeing lots of hemp flower\u2014doing air quotes\u2014out in the marketplace, and we don\u2019t have the regulatory authority over that flower,\u201d said Chris Tholkes during the podcast WeedWonks<\/a>. That interpretation remains at the agency after Tholkes left in December for a job with the Minneapolis Department of Health.<\/p>\n

\u201cState law is clear that illegal cannabis sales are a criminal matter and that enforcement responsibility lies with local law enforcement,\u201d said a spokesman for the agency via email. \u201cThe Office of Medical Cannabis continues to respond to incoming inquiries from law enforcement agencies with questions about these types of issues and is developing a strategic outreach initiative to law enforcement on this topic.\u201d<\/p>\n

The new Office of Cannabis Management that will take over all cannabis regulation in 2025 has legal and regulatory permission to go after illegal sales. It could confiscate, test and impose civil fines. But because it is not yet set up to do so, its leadership is not taking action.<\/p>\n

\u201cThe legislature was deliberate in giving temporary regulatory authority for hemp-derived cannabinoid products to the Department of Health Office of Medical Cannabis (OMC) during this transition period in anticipation of the time it would take to build a new agency from the ground up,\u201d wrote Charlene Briner in response to questions about the gap in authority. Briner is helping implement the new law in the interim while state officials work to hire a director for the Office of Cannabis Management.<\/p>\n

\u201cThe Office of Medical Cannabis continues building out its field review operations and is working closely with the Office of Cannabis Management to harmonize our regulation of cannabis products with an eye toward the eventual integration of our operations under one regulatory umbrella,\u201d she wrote.<\/p>\n

But like the Office of Medical Cannabis, Briner pointed to the cops.<\/p>\n

\u201cThe law is also quite clear that sales of products such as smokable cannabis flower and other cannabis derived products are not legal until adult cannabis licenses are issued, and that local law enforcement retains authority over illegal activity,\u201d Briner wrote. \u201cOCM and OMC are committed to working with law enforcement to understand this complex and changing landscape.\u201d<\/p>\n

Jeff Potts is the executive director of the Minnesota Chiefs of Police Association. He said he is hoping for clarity on what the state\u2019s role is and what local police agencies\u2019 role is. When the state first legalized hemp-derived edibles and beverages in 2022, police departments usually reported apparent violations to the state Board of Pharmacy, which was given regulatory enforcement of the new industry. The new recreational marijuana law transferred that authority \u2014 first to the Office of Medical Cannabis and then to the Office of Cannabis Management in 2025.<\/p>\n

\u201cLaw enforcement agencies are looking to the Office of Cannabis Management to figure out a plan for how to deal with this,\u201d Potts said. Hemp retailers trying to follow the law are asking anyone\u2014the state regulators or local police\u2014to intervene with retailers who are violating the law.<\/p>\n

\u201cBecause the Office of Cannabis Management isn\u2019t prepared for this, they\u2019re trying to have law enforcement do it,\u201d Potts said. \u201cBut it is technical, there are not a lot of resources to test the products, and legally it is very hard for law enforcement to even seize the product to do the testing.<\/p>\n

\u201cWe\u2019re in this weird, in-between, period of time where no one seems to be able to take the lead and provide adequate resources and testing and all the things that goes into assuring that these products are safe,\u201d Potts said. \u201cI\u2019m hopeful that the meeting we\u2019re going to have with OCM produces some guidance in the interim.\u201d<\/p>\n

The new law envisions two types of enforcement: civil actions and fines by regulatory agencies and criminal charges by law enforcement. But the latter is most likely going to be reserved for large-scale operations that are illegally growing, importing or selling marijuana outside state limits.<\/p>\n

One of the philosophical pillars of\u00a0House File 100<\/a>\u00a0was to shift from a criminal justice regime to a civil regime when it comes to cannabis regulation and to replace criminal charges with administrative citations. For the state to now say the solution to the raw flower regulatory gap is to call the cops is \u201cantithetical\u201d to the philosophy of legalization, said one of the advocates for the change.<\/p>\n

\u201cThat was the entire point of legalizing the damn thing was to bring a vast majority of these issues under administrative fines and penalties rather than criminal ones,\u201d said Leili Fatehi, the campaign manager for MN is Ready and the partner in a cannabis\u00a0policy consulting firm<\/a>. \u201cEspecially in a world where there has not been agency guidance, so the retailers know what they can and can\u2019t be selling, having cops show up is not helpful.\u201d<\/p>\n

In the meantime, retailers are wondering why the state is regulating their sales so strictly while letting apparently illegal sales go on, sometimes right down the block. David Mendolia owns a\u00a0hemp retail store<\/a> on Snelling Avenue North in St. Paul. He said his reports of apparent illegal sales have not gotten a response from the state or police. In a text exchange with an Office of Medical Marijuana inspector, Mendolia was told the state had no jurisdiction over flower and that the inspector didn\u2019t refer the allegation to St. Paul police because \u201c\u2026I\u2019d be surprised if they want to push the issue.\u201d<\/p>\n

Mendolia said his frustration comes from regulators who \u201ccome through and nit-pick us on compliant products for minor infractions about labeling and then they\u2019re powerless to actually do anything about the criminal sale of marijuana.<\/p>\n

\u201cI feel so bad to be trying to follow the rules and then have them say, \u2018Oh, sorry, we can\u2019t stop places from selling what we all know is weed,\u2019\u201d he said.<\/p>\n

Mendolia said he knows other shops are selling illegal products because his customers ask him for the same or similar products\u2014that is, raw flower that can be smoked or vaped to produce a high. While some consumers do smoke actual hemp flower as a way of delivering CBD, it doesn\u2019t get them high, and it is not a common delivery method. That\u2019s why Mendolia thinks most of what is being sold as raw hemp flower is actually marijuana.<\/p>\n

Some customers suggest that he isn\u2019t smart enough to figure a way around the state rules the way other stores do, he said.<\/p>\n

\u201cI don\u2019t feel stupid for following what I know the rules ought to be,\u201d he said. \u201cBut at the end of the day, I\u2019m losing business. You just hope there\u2019s some sort of judicial Karma that\u2019s going to come around and do something about it. It just hasn\u2019t happened.\u201d<\/p>\n

Some sellers claim that what they sell is legally hemp flower but with high concentrations of a cannabinoid THC-a. Some raw flower can contain 0.3% or less of THC Delta-9 but have higher THC-a concentrations that when heated through smoking or vaping\u00a0does produce an intoxicating effect<\/a>. Is it legal?<\/p>\n

\u201cWhile misinformation and misunderstandings are not uncommon when it comes to cannabinoids and Minnesota\u2019s hemp law, some incorrectly believe THCa flower is legal,\u201d\u00a0wrote Carol Moss\u00a0<\/a>of the Hellmuth & Johnson law firm. \u201cContrary, selling flower containing THCa is illegal under Minnesota law and puts the retailer and consumer at risk of selling or possessing a controlled substance.\u201d<\/p>\n

\u201cAs of July 1, 2022, a hemp product may contain no more than 0.3% of\u00a0any type<\/i>\u00a0of THC,\u201d Moss wrote. \u201cThese products may have been compliant under the pre-July 2022 law changes but are most definitely not compliant with current Minnesota law.\u201d<\/p>\n

Said Mendolia: \u201cCall it what it is. It\u2019s pot.\u201d<\/p>\n

A legislative fix that would add raw flower to the Office of Medical Cannabis\u2019 regulatory jurisdiction is possible once the 2024 session convenes. In December, prime Senate sponsor of HF 100 Lindsey Port, DFL-Burnsville, said there could be \u201cspace for clarification.\u201d She did not respond to requests for an update.<\/p>\n

Rep. Zack Stephenson, the Coon Rapids DFLer who sponsored the bill in the House, said he was \u201copen to the conversation.<\/p>\n

\u201cI imagine we\u2019ll be talking about a number of changes this spring,\u201d Stephenson said.<\/p>\n

Other attorneys practicing in the emerging field of cannabis law think the state\u2019s recreational marijuana law gives the Office of Cannabis Management jurisdiction right now to go after illegal sales. That is, the agency doesn\u2019t have to wait until rules are written and licenses are issued to intervene. And nothing in law eliminates the legal authority of police to act against illegal sales.<\/p>\n

\u201cThe office has full power because that section was effective as of last August,\u201d said\u00a0JT Schuweiler<\/a>, an attorney with Fox Rothschild who has a multi-state cannabis law practice based in Minneapolis. \u201cThey have full power to impose a civil penalty on anyone, any person, who sells cannabis flower. That can be a drug dealer. It can be someone in a shop. Someone in a hemp retailer who is selling something that\u2019s not hemp anymore, it\u2019s cannabis flower.\u201d<\/p>\n

The staffing issue is different from the question of legal authority, Schuweiler said.<\/p>\n

\u201cFor OCM to say we don\u2019t have any authority until everyone is licensed doesn\u2019t make much sense. Then why would anyone get a license?\u201d he said. \u201cIf you sell cannabis flower then you are going to be subject to civil penalties.\u201d<\/p>\n

But he said he isn\u2019t surprised that some sellers are pushing the edges of the law to see how far they can go.<\/p>\n

\u201cThat\u2019s been the case since we\u2019ve had hemp-derived edibles,\u201d Schuweiler said. \u201cPeople who want to operate legitimately are absolutely feeling the brunt of this more than anyone else.\u201d But there is risk because if anyone\u2014state agencies or local police\u2014do take action and a registered seller loses their permission to sell, they would likely be blocked from getting recreational marijuana licenses next year. Among the many criteria for licensing is this: \u201cnever have had a license previously issued under this chapter revoked.\u201d<\/p>\n

Would a registration under the temporary hemp regulations count as a license under this provision? Schuweiler said he thinks it does.<\/p>\n

\u201cYou\u2019re not going to be able to compete for licenses if you keep getting fine after fine after fine,\u201d he said.<\/p>\n

Both the Office of Medical Cannabis and the Office of Cannabis Management have been in flux. After Tholkes\u2019 resignation in December, the Department of Health has designated\u00a0Alex Hooper<\/a>\u00a0as the interim head. Briner remains the interim director of the Office of Cannabis Management\u00a0after a failed attempt<\/a>\u00a0to hire a permanent boss there, but the new agency has filled several key positions, including\u00a0Max Zappia<\/a> as Implementation Chief Regulatory Officer.<\/p>\n

\n

California Lawmaker Revives Bill To Legalize Marijuana Cafes Months After Governor\u2019s Veto<\/a><\/p>\n<\/blockquote>\n

\n

Photo courtesy of WeedPornDaily<\/a>.<\/em><\/p>\n

The post Minnesota Police And Regulators Will Meet To Address \u2018Loophole\u2019 Allowing Sale Of Raw \u2018Hemp\u2019 Flower That May Be Marijuana<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


\n
\nRead More: Minnesota Police And Regulators Will Meet To Address \u2018Loophole\u2019 Allowing Sale Of Raw \u2018Hemp\u2019 Flower That May Be Marijuana<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWe\u2019re seeing lots of hemp flower\u2014doing air quotes\u2014out in the marketplace, and we don\u2019t have the regulatory authority over that flower.\u201d By Peter Callaghan, MinnPost This story was originally published by MinnPost. A loophole in the state\u2019s new recreational marijuana law allowing the sale of high-potency raw cannabis flower toContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/71566"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=71566"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/71566\/revisions"}],"predecessor-version":[{"id":71567,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/71566\/revisions\/71567"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=71566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=71566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=71566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}