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This entry was published on 2021-04-09
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SECTION 91
Rulemaking authority
Cannabis (CAN) CHAPTER 7-A, ARTICLE 5
§ 91. Rulemaking authority. The board may make regulations pursuant to
this article for the processing, distribution, marketing, transportation
and sale of cannabinoid hemp and hemp extracts used for human
consumption, which may include, but not be limited to:

1. Specifying forms, establishing application, reasonable
administration and renewal fees, or license duration;

2. Establishing the qualifications and criteria for licensing, as
authorized by law;

3. The books and records to be created and maintained by licensees and
lawful procedures for their inspection;

4. Any reporting requirements;

5. Methods and standards of processing, labeling, packaging and
marketing of cannabinoid hemp, hemp extract and products derived
therefrom;

6. Procedures for how cannabinoid hemp, hemp extract or ingredients,
additives, or products derived therefrom can be deemed as acceptable for
sale in the state;

7. Provisions governing the modes and forms of administration,
including inhalation;

8. Procedures for determining whether cannabinoid hemp, hemp extract
or ingredients, additives, or products derived therefrom produced
outside the state or within the state meet the standards and
requirements of this article and can therefore be sold within the state;

9. Procedures for the granting, cancellation, revocation or suspension
of licenses, consistent with the state administrative procedures act;

10. Restrictions governing the advertising and marketing of
cannabinoid hemp, hemp extract and products derived therefrom;

11. Any other regulations necessary to implement this article;

12. Nothing in this article shall prevent the sale of cannabinoid hemp
flower; provided however, that any cannabinoid hemp flower product sold
shall be limited to a person over twenty-one years of age and shall be
subject to regulations promulgated by the board; provided further that
such regulations shall not unduly restrict the availability of
cannabinoid hemp flower; and

13. Any cannabinoid hemp flower product clearly labeled or advertised
for the purposes of smoking, or in the form of a cigarette, cigar, or
pre-roll, or packaged or combined with other items designed to
facilitate smoking such as rolling papers or pipes, shall only be
offered for sale in adult-use cannabis retail dispensaries licensed
pursuant to article four of this chapter.