Legislation

Search OpenLegislation Statutes

This entry was published on 2021-04-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 83
Provisions governing the cultivation and processing of adult-use cannabis
Cannabis (CAN) CHAPTER 7-A, ARTICLE 4
§ 83. Provisions governing the cultivation and processing of adult-use
cannabis. 1. Cultivation and processing of cannabis shall comply with
regulations promulgated by the board governing minimum requirements for
adult-use cultivators, nurseries, processors, microbusinesses,
cooperatives, registered organizations, and registered organization
cultivators.

2. No cultivator or processor of adult-use cannabis shall sell, or
agree to sell or deliver in the state any cannabis products, as the case
may be, except in originally sealed containers containing quantities in
accordance with size standards pursuant to rules adopted by the board.
Such containers shall have affixed thereto such labels or other means of
tracking and identification as may be required by the rules of the
board.

3. No cultivator or processor of adult-use cannabis shall furnish or
cause to be furnished to any licensee, any exterior or interior sign,
printed, painted, electric or otherwise, except as authorized by the
board. The board may make such rules as it deems necessary to carry out
the purpose and intent of this subdivision.

4. Cultivators of adult-use cannabis consistent with protecting public
health and safety, shall comply with plant cultivation regulations,
standards, and guidelines consistent with the provisions applicable to
hemp, cannabinoid hemp, and hemp extract and issued by the board, in
consultation with the department of environmental conservation and the
department of agriculture and markets. Such regulations, standards, and
guidelines shall be guided by sustainable farming principles and
practices such as organic, regenerative, and integrated pest management
models to the extent possible, and shall restrict whenever possible, the
use of pesticides to those that are registered by the department of
environmental conservation or that specifically meet the United States
environmental protection agency registration exemption criteria for
minimum risk, used in compliance with rules, regulations, standards and
guidelines issued by the department of environmental conservation for
pesticides.

5. No cultivator or processor of adult-use cannabis shall transport
any cannabis products, except in vehicles owned and operated by such
cultivator or processor, or hired by such cultivator or processor and
operated by a trucking or transportation company registered with the
office, and shall only make deliveries at the licensed premises of the
purchaser.

6. No cultivator or processor of adult-use cannabis, including an
adult-use cannabis cooperative, microbusiness, or registered
organization may offer any incentive, payment or other benefit to a
licensed cannabis distributor or retail dispensary in return for
carrying the cultivator, processor, cooperative, microbusiness or
registered organization products, or preferential shelf placement.

7. All cannabis products shall be processed in accordance with good
manufacturing practices for the product category, pursuant to either
Part 111 or Part 117 of Title 21 of the Code of Federal Regulations, as
may be modified by the board in regulation.

8. No processor of adult-use cannabis shall produce any product which,
in the discretion of the board, is designed to appeal to anyone under
the age of twenty-one years.

9. The use or integration of alcoholic beverages or nicotine in
cannabis products is strictly prohibited.

10. The board shall promulgate regulations governing the minimum
requirements for the secure transport of adult-use cannabis.