Your State has just passed a bill to legalize marijuana …… now what do you do? Many States have asked this question as the push for legalization of marijuana gains momentum across the country. States now have many other states for reference when developing their regulations. Regulations were designed to set specific requirements about what is legal and what isn’t. State representatives often find themselves tasked with creating regulations for an industry they know very little about.
States must not only develop strict regulatory requirements, but must also deal with emerging issues which other States with a few years of experience in the industry are now identifying as critical. The industry has evolved to a level that now demands that states include more far reaching topics in their regulations beyond patient identification cards and locations in which to locate marijuana establishments. Topics which need to now be addressed include the following:
Labeling and Testing Requirements
Inspection for Food Compliance and Conditions of Sanitation
Edible Potency Limits and Serving Standards
Educational Requirements for Patient and Recreational Consumers
Cultivation and Production Limits and Estimating Supply and Demand
Environmental Impact and Disposal of Waste
Criminal Prosecution, Possession and Incarceration
Consider the topic of labeling and testing requirements. In many States, regulations were developed with no specific testing requirements outlined. This leaves consumer’s open to marijuana product which has not been adequately tested for microbial, mycotoxin, heavy metal, pesticide chemical residue or residual solvents levels. So consumers need to ask themselves …. what am I really buying and is this a safe product? Along with testing requirements, labeling has also reached the forefront, and regulators are gaining a better understanding of defining for the industry what should be on a label so the consumer truly understands the ingredients, quality and identity of what they are buying.
The consumer base is also changing in their preference for ingestion methods. Edible potency limits are another topic which will need to be addressed in future regulation. As edibles gain market share across the country, especially in recreational markets, the potency limits and potential for harmful effects for those unfamiliar with marijuana product grows. Regulators are realizing they must first keep the public interest in mind as manufacturers continue to push the limit for high potency products which continue to grow in demand.
As the industry evolves, regulations must continue to evolve to address new issues that weren’t considered when previous programs were initiated. Industry experts, consumers, law enforcement representatives and the general public on both sides of the issue become valuable educators on many of these topics and can help ensure that the regulations are clear, practical and state of the art while, at the same time, ensuring they are true to the legislative mandate and protect the public interest.