THCa: Regulators will be cracking down on THCa flower at last, Minn Post reported today. The Office of Medical Cannabis, which is conducting the inspections of hemp-derived cannabinoid retailers, had previously taken the position that they did not have regulatory authority to include THCa flower in their inspections. Now, a deal has been struck. “OCM is evaluating how to leverage existing enforcement capacity at the Office of Medical Cannabis to act on OCM’s behalf and how we can develop capacity to test raw cannabis flower,” interim OCM Director Briner said. “We’ll be sharing more about those plans as we put them in place.”

Jen's take: This is good news for hemp-derived retailers who have been working to follow Minnesota law. THCa has been illegal but unenforced, and I've advised my clients not to take the risk of selling it, especially if they plan to apply for a license down the road. This is also good news because the alternative way it could have worked out would have been police raids rather than inspections.

Expungements: The Bureau of Criminal Apprehension (BCA) has admitted they are moving slowly on the expungement of low-level marijuana convictions outlined in HF100. They reported that convictions will remain on an individual's criminal history until 'closer to August 2024'. Link to Sahan Journal article

DUI Roadside Test: Minnesota will test out a saliva-based roadside test for cannabis (and other drugs) to gauge whether the tool can accurately detect drug use, reports the Star Tribune (gift link here).

Jen's take: I'm skeptical about this test based on what I have heard from testing experts. I expect a lot of "positive" results without it necessarily being a good gauge for whether people are driving impaired. I'm also concerned it will respond to people using ADHD meds and Sudafed and flag them as users of benzodiazepines and meth. Law enforcement really wants a cannabis breathalyzer, but I think they should focus on functional impairment.

By the way, if you or someone you know needs a good criminal defense lawyer to defend against a DUI charge, my partners at North Star can help.

Timing: OCM answered the FAQ, "When can I apply for a cannabis business license?" by saying, "OCM does not have applications for cannabis business licenses available at this time. Before making applications available, OCM must first complete a rulemaking process. We expect license applications to be available in early 2025. Stay tuned to future monthly newsletters or check the OCM website for updates!" (via Minnesota Office of Cannabis Management)

OCM continues to hire!

Jackie Crow Shoe (Kkiitoos aaki), has been added as the tribal liaison.

Nikki Jensen has joined OCM as the executive assistant.

Sophie Leininger joined the OCM team early January as the government relations director.

Marisa Haggy comes to OCM from the Minnesota Department of Employment and Economic Development and is now the human resources director.

Eric Taubel has been hired as the general counsel and starts on January 17th.

Surveys for Public Input

OCM has developed a schedule for future surveys, and we are seeing these surveys as a fundamental way they are gathering information for rulemaking.

CURRENT SURVEY:

Packaging and labeling; integrated cannabis tracking, inventory, and verification system. Click the button below to participate in this survey - submissions open until January 12th.

UPCOMING SURVEYS:

Available Jan. 13–Jan. 26, 2024: Licensing; social equity considerations

Available Jan. 29-Feb. 11, 2024: Laboratory standards; edible products standards

NEW! Available Feb. 12-26: Medical cannabis and patient registry program

For our clients and friends who operate businesses selling hemp-derived cannabis products, we are now offering compliance checks to help identify issues *before* the inspectors arrive.

You can sign up for one or both visits by emailing Jen at jen@northstarlaw.com.

The Lucky Leaf Expo is a national convention coming to Minnesota in April 2024.

More information available at this link.

In our last newsletter we shared our Cannabis Community Question - Do I have to file something with FinCEN by 1-1-2024? This information can now be found on our webpage with links to the FinCEN website. You can find this article HERE.