Marijuana Control Board Proposes Changes to Waste, Quality Control, & Unauthorized Access

The Marijuana Control Board is proposing to change and adopt regulations dealing with : The Disposal of Marijuana Waste, Quality Control of Marijuana, & Reporting of Unauthorized Access to a Licensed Facility.

Here you will find the proposed regulations, as well as an easy to understand break down to help you create effective public comment and be an active participant in the Alaska Recreational Marijuana Industry.

Intent:

1: 306.460 and 306.557 adds new subsections to allow for small amounts of marijuana be given to employees of a licensed marijuana establishment for quality control testing purposes.

2: 306.660 and 306.740 changes notification requirements of marijuana waste

3:306.715 requires the MCB be notified of any unauthorized access to a marijuana licensed premises

Changes are:

306.460(d)

Original:

(a) A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store if packaged in a sample jar containing not more than three and one-half grams of marijuana and protected by a plastic or metal mesh screen to allow customers to smell the product before purchase.

(b) A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store or marijuana product manufacturing facility as follows:

(1) a sample provided for the purpose of negotiating a sale may be not more than one ounce;

(2) a marijuana cultivation facility may not provide any one licensed retail marijuana store or marijuana product manufacturing facility

with more than one ounce of marijuana per month free-of-charge for the purpose of negotiating a sale.

(c) A retail marijuana store that receives a marijuana sample may not sell the marijuana sample to a customer, and shall either

(1) return the marijuana sample to the marijuana cultivation facility that provided the sample; or

(2) destroy the marijuana sample after use and document the destruction in the retail marijuana store’s marijuana inventory control system.

Proposed:

Adds subsection (d) to read:

(d) A licensed marijuana cultivation facility may provide a sample of marijuana to an employee of the facility, that is in possession of a valid marijuana handler card for the purpose of quality control only if:

(1) samples provided to employee for quality control does not exceed a cumulative total of one ounce per 30-day period;

(2) each sample is registered and tracked using the marijuna inventory tracking system in accordance with 3 AAC 306.730;

(3) consumption of marijuana does not occur on the licensed premises;

(4)no sample is resold to another licensee or consumer;

(5) each employee who receives a marijuana sample for the purpose of quality control completes a quality control form prescribed by the board for each sample; and

(6) the licensee maintains copies of completed forms required under (5) of this subsection in accordance with 3 AAC 306.755.

(7) marijuana that leaves the licensed premises must be packaged in opaque, resealable, child-resistant packaging and clearly marked or labeled “for quality Control” and the packaging must be designed or constructed to be significantly difficult for children under five years of age to open, but not normally difficulty for adults to use properly.

Meaning:

This whole subsection is created to allow for the ability to test the quality of the marijuana being grown in a licensed facility, by allowing up to an ounce a month to be tested by employees.

It must be tracked in the inventory tacking system.

Consumption of the samples may not happen on the licensed premises. Any employee who receives a sample must complete a form that will be created by the MCB, which will be maintained by the licensed premises as part of their records.

It may not be sold.

It must be packaged labeled “For Quality Control” and be child resistant, resealable and opaque.

Comments:

I think this is a much needed addition to the regulations.  I do however think that it should read,” (1)Samples provided for licensee’s, employees, or agent’,  how this is worded currently could prove to be problematic, especially for a limited cultivation with no employees.

I’m wondering what the forms required and created by the MCB will contain?  Will they have questions about quality to ensure that was what it was used for, or will it just require types, batch numbers, amounts and leave the quality questions to the cultivator?

306.557 Quality Control Sampling

Proposed:

(a) A licensed marijuana product manufacturing facility may provide a sample of marijuana concentrate or other marijuana product to an employee of the facility, that is in possession of a valid marijuana handler card for the purpose of quality control only if:

(1) Samples provided to employee for quality control do not exceed a cumulative total set out in 3 AAC 306.555 in a 30-day period;

(3) consumption of marijuana does not occur on the licensed premises;

(4) no sample is sold to another licensee or consumer;

(5) each employee who receives a marijuana sample for the purpose of quality control completes a quality control form prescribed by the board for each sample; and

(6) the marijuana cultivation facility licensee maintains copies completed forms required under (5) of this subsection in accordance with 3 AAC 306.755

(7) marijuana that leaves the licensed premises must be packaged in opaque, resealable, child-resistant packaging and clearly marked or labeled “For Quality Control” and the packaging must be designed or constructed to be significantly difficult for children under five years of age to open, by not normally difficult for adults to use properly.

Meaning:

These are the same restrictions and allowances put forth for cultivation facilities.

Comments:

I do believe these are absolutely needed for the quality assurance that both cultivation and production need.  I also believe that (6) is  meant to say “production facility” and not cultivation facility.

I also think that it is absolutely important for some sort of allowances also be made for retail establishments. This is so they can accurately assess a consumers needs when asked.  Also to provide an assurance to the retail establishment that they are purchasing the quality of cannabis they want to present to their customer base.

306.660 (a)(3)

Original:

(a) if a sample tested by a marijuana testing facility does not pass the required tests  based on the standards set out in 3 AAC 306.645, the marijuana establishment that provided the sample shall

(1) dispose of the entire harvest batch or production lot from which the sample was taken; and

(2) document the disposal of the sample using the marijuana establishment’s marijuana inventory tracking

system.

(b) If a sample of marijuana fails a required test, any marijuana plant trim, leaf, and other usable material from the same plants automatically fail the required test. The board may approve a request to allow a batch of marijuana that fails a required test to be used to make a carbon dioxide- or solvent-based extract. After processing, the carbon dioxide- or solvent-based extract must pass all required tests.

(c) If a marijuana cultivation facility or a marijuana product manufacturing facility petitions for a retest of marijuana or a marijuana product that failed a required test, the board may authorize a retest to validate the test results. The marijuana cultivation facility or a marijuana product manufacturing facility shall pay all costs of a retest.

Proposed:

(3) Notify the director in writing within 24 hours if the amount destroyed total more then one ounce.

(b) If a sample of marijuana fails a required test, any marijuana plant trim, leaf, and other usable material from the same plants automatically fail the required test. The DIRECTOR may approve a WRITTEN request, ON A FORM PRESCRIBED BY THE BOARD,  to allow a batch of marijuana that fails a required test to be used to make a carbon dioxide- or solvent-based extract. After processing, the carbon dioxide- or solvent-based extract must pass all required tests.

(c) If a marijuana cultivation facility or a marijuana product manufacturing facility SUBMITS A WRITTEN REQUEST ON A FORM PRESCRIBED BY THE BOARD for a retest of marijuana or a marijuana product that failed a required test, the DIRECTOR may authorize a retest to validate the test results. The marijuana cultivation facility or a marijuana product manufacturing facility shall pay all costs of a retest.

Meaning:

(3)this will require that the DIRECTOR be notified within 24 hours in WRITING when any amounts over an ounce are destroyed at once from a harvest batch or lot.  This is to make sure that it isn’t slipped into circulation as a black market product, or go home with a licensee or employee as its a rather large amount to destroy.

(b) This gives the Director authority to approve a request that is submitted on a specific form created by the board, to send the failed marijuana to be turned into a carbon dioxide or solvent-based concentrate.

(c) this also gives the authority to the director to approve or deny a request that is submitted on a specific form, created by the board, to retest, to validate a failed test.

Comments:

The ability for the Director to deny or approve these requests will streamline the process in theory.  This will mean no more waiting on the board to make the call.  The new forms will also stop some of the confusion that may be happening on what is required information from the cultivation or production facilities when requesting these tests or actions.

I support them.

306.715

Original:

(a) Each licensee, employee, or agent of a marijuana establishment shall display an identification badge issued by the marijuana establishment at all times when on the marijuana establishment’s licensed premises.

(b) The licensed premises of a marijuana establishment must have

(1) exterior lighting to facilitate surveillance;
(2) a security alarm system on all exterior doors and windows; and

(3) continuous video monitoring as provided in 3AAC306.720.

(c) A marijuana establishment shall have policies and procedures that

(1) are designed to prevent diversion of marijuana or marijuana product;

(2) prevent loitering;

(3) describe the use of any additional security device, such as a motion detector, pressure switch, and duress, panic, or hold-up alarm to enhance security of licensed premises; and

(4) describe the actions to be taken by a licensee, employee, or agent of the marijuana establishment when any automatic or electronic notification system alerts a local law enforcement agency of an unauthorized breach of security.

(d) A marijuana establishment shall use ecommercial grade, non- residential door locks on all exterior entry points to the licensed premises.

Proposed:

adds:

(e) A marijuana establishment will notify the Alcohol and Marijuana Control Office as soon as reasonable practical and in no case more the 24 hours after any unauthorized access to the premises or the establishment’s knowledge of evidence or circumstances that reasonably indicate theft, diversion or unexplained disappearance of marijuana, marijuana products or money from the licensed premises.

Meaning:

Let AMCO know within 24 hours of a break in or suspected theft of Marijuana, marijuana products or cash.

Comments:

I think that if a police report is filed then that should be sufficient, and maybe ask that much like with insurance, have the licensee send in a copy of that report to AMCO.  Enforcement is way too busy to do any investigating when there are actual law enforcement already doing that job.

306.740

Original:

(a) A marijuana establishment shall store, manage, and dispose of any solid or liquid waste, including wastewater generated during marijuana cultivation production, processing, testing, or retail sales, in compliance with applicable federal, state, and local statutes, ordinances, regulations, and other law

(b) Marijuana waste must be rendered unusable for any purpose for which it was grown or produced before it leaves a marijuana establishment. Marijuana waste includes

(1) marijuana plant waste, including roots, stalks ,leaves, and stems that have not been processed with solvent;

(2) solid marijuana sample plant waste in the possession of a marijuana testing facility; and

(3) other waste as determined by the board.

(c) A marijuana establishment shall

(1) in the marijuana inventory tracking system required under 3 AAC 306.730, give the board notice not later than three days before making the waste unusable and disposing of it; however, the director may authorize immediate disposal on an emergency basis; and

(2) keep a record of the final destination of marijuana waste made unusable.

(d) Marijuana plant waste must be made unusable by grinding the marijuana plant waste and mixing it with at least an equal amount of other compostable or non-compostable materials. A marijuana establishment may use another method to make marijuana waste unusable if the board approves the method in advance. Material that may be mixed with the marijuana waste includes

(1) compostable materials including food waste ,yard waste, vegetable based grease or oils, or other wastes approved by the board when the mixed material can be used as compost feedstock or in another organic waste method such as an anaerobic digester with approval of any applicable local government entity; or

(2) non-compostable materials including paper waste, card board waste, plastic waste, oil, or other wastes approved by the board when the mixed material may be delivered to a permitted solid waste facility, incinerator, or other facility with approval of any applicable local government entity.

(e) If marijuana or a marijuana product is found by, or surrendered to, a law enforcement officer including a peace officer or an airport security officer, the officer may dispose of the marijuana or marijuana product as provided in this section or by any method that is allowed under any applicable local ordinance.

Proposed:

(b)(1) marijuana plant waste, including stalks, leaves, and stems that have not been processed with solvent;

adds and re-numbers(b)(3)(4)&(5)

(3) marijuana or marijuana product that has been deemed by the licensee unfit for sale or consumption;

(4)expired marijuana products; and

(5) other waste as determined by the board

 

changes (c)(2) and adds (3)

(2)keep a record through the inventory tracking system of the final destination of marijuana waste made unusable; and

(3) immediately notify the board in writing if requesting disposal of

(A) more then 1 gram of marijuana concentrate; or

(B) More then once ounce of marijuana or marijuana product.

Meaning:

(b)(1) takes Roots out of the requirements

(b)(3)-(5) allows for the licensee to determine if any marijuana is unfit for sale or consumption, for example if it were to fall to the floor, among dust or glass, to be destroyed as waste along with adding expired marijuana products to the list.

(c)(2)-(3) adds the requirement of adding a record in the inventory tracking system stating the final destination of waste,  and also requiring that the board be notified IMMEDIATELY in writing  if requesting to dispose of waste more then an ounce of flower or gram of concentrate of marijuana or marijuana product.

Comments;

none

Make sure to submit your public comment to:

Alcohol & Marijuana Control office at 550 West 7th Avenue, Suite 1600, Anchorage, AK 99501

or

amco.regs@alaska.gov

all comments on these proposed regulations must be received no later then 4:30pm, September 29th 2017

https://www.commerce.alaska.gov/web/amco/MarijuanaRegulations.aspx

 

 

 

 

 

 

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