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colorado marijuana seeds equivalency

Understanding The Challenge of Usable Marijuana or Concentrate Weight Limits

There are many great challenges facing the cannabis industry. Because production and research have been limited for so long it has been difficult to explain the relationship between dried marijuana flower and yield of concentrate. As rules and regulations have been defined differently amongst multiple states it has become even more challenging to agree on what, if any, usable marijuana or concentrate weight limits should be applied. In this article we will look at how a few states are addressing the issue.

Colorado

Always a pioneer in cannabis regulation, in August of 2015, Colorado cannabis regulators published the “Marijuana Equivalency in Portion and Dosage” study. This study investigates marijuana equivalencies from three perspectives: production, price, and dosing.

Physical equivalencies were calculated in two ways; a THC equivalency, and a physical production equivalency. Equivalencies were calculated using the popular concentrate and infused product manufacturing techniques, including butane hash oil, CO2 oil, ethanol, and water. Physical production equivalency is calculated by isolating the biomass inputs and determining a yield ratio of usable marijuana. Edibles, refers to the yield of usable marijuana used for edibles and is reported in milligrams. The THC methodology provides an equivalent amount of oil required to produce products with a specific amount of THC. The calculations were created using products based on recent state testing information. Table ES-1 shows equivalency factors for both methodologies by solvent type.

The physical equivalencies in Table ES-1 show that
between 347 and 413 edibles of 10mg strength can be
produced from an ounce of marijuana, depending on the
solvent type and production method. For concentrates,
between 3.10 and 5.50 grams, with average potency, of concentrate are equivalent to an ounce of flower marijuana.

The conversion factors described above are the first of
their kind. They can be useful for understanding cannabis production
management processes.

The study published by CO also explores the different effects of inhaling concentrate compared to digesting concentrate. The study suggests limits based on a Pharmacokinetic understanding as well.

An important compliment to the physical THC relationships identified in this study, the pharmacological perspective. If the purpose of the equivalency legislation is to limit transactions or possession to a reasonable “dose” of concentrates and marijuana products then we must consider the medical effects..

California

Another common mistake the states have made is trying to set limits based on THC but not defining THC or not defining it properly. California defines “THC” as delta 9-tetrahydrocannabinol.

Cannabinoid content for cannabis and cannabis products in California must be included on either the primary or informational panel. For cannabis flower, cannabinoid content must be listed as a percentage. For cannabis products, cannabinoid content must be listed in milligrams and include delta-9 THC and CBD, at a minimum. However, the state does not note the difference between delta-9 THC and THCA (non activated THC). This could lead producers to oversell products or not report products that contain potentially psychoactive ingredients, although not activated unless heated.

For an example, §40315 regarding THC Concentration Limits says:

(a) An edible cannabis product shall not contain more than:
(1) 10 milligrams THC per serving; and
(2) 100 milligrams THC per package.
(b) Notwithstanding subsection (a), a package containing an edible product that is an orally-dissolving product, such as sublingual lozenges or mouth strips, may contain up to 500 milligrams THC per package, if:
(1) The cannabis product consists of discrete servings of no more than 10 milligrams THC per piece;
(2) The cannabis product is labeled “FOR MEDICAL USE ONLY;” and
(3) The cannabis product is only available for sale to a medicinal-use customer.
(c) A topical cannabis product or a cannabis concentrate shall not contain more than 1,000 milligrams THC per package.
(d) Notwithstanding subsection
(c), a topical cannabis product or a cannabis concentrate may contain more than 1,000 milligrams THC per package, but not more than 2,000 milligrams THC per package, if the product is labeled “FOR MEDICAL USE ONLY” and is only available for sale to a medicinal-use customer.

What if a producer used oil that was not decarboxylated, but could still be edible (or smokable)? Would these limits still apply? Does THC mean only delta-9 THC or the combination of both? The industry has established a formula to calculate Max THC, although state regulators have yet to adopt the use of this formula. This would ensure if a product contains cannabis oils, that has not been decarboxylated, it is understood that if heated, could have psychoactive effects.

While CA offers limits for packaging, there are also limit to what a cannabis retailer can sell and what a consumer can possess in CA. An adult-use cannabis customer in CA may purchase the following in a single day from a licensed retailer:

  • Up to 28.5 grams of non-concentrated cannabis.
  • Up to 8 grams of concentrated cannabis, including concentrate contained in cannabis products.
  • Up to 6 immature cannabis plants.

Here, are we talking about 8 grams of oil or 8 grams of THC?

A medicinal cannabis customer with a physician’s recommendation may purchase the following in a single day from a licensed retailer:

  • Up to 8 ounces of medicinal cannabis in the form of dried mature flowers or the plant conversion.
  • Up to 12 immature cannabis plants.
  • An amount of medicinal cannabis consistent with the patient’s needs as recommended by a physician.

Arizona

Arizona has been examining this topic closely. While the medical program developed multiple court cases formed around the legality of cannabis concentrates. Arizona medical marijuana statutes define medical marijuana as:

(a) means:

(i) All parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such THE plant. Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.

(ii) THE RESIN EXTRACTED FROM ANY PART OF A PLANT OF THE GENUS CANNABIS, AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE OR PREPARATION OF THE PLANT OR ITS SEEDS.

(iii) EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE OR PREPARATION OF THE RESIN OR TETRAHYDROCANNABINOL.

(b) INCLUDES PLANT MATERIAL FROM WHICH THE RESIN HAS NOT BEEN EXTRACTED.

(c) DOES NOT INCLUDE THE MATURE STALKS OF THE PLANT OR THE STERILIZED SEED OF THE PLANT THAT IS INCAPABLE OF GERMINATION.

And while most recently efforts have been made on the best way to regulate, not prohibit, concentrates, even the most recent changes to regulations have not addressed this complex issue .

Like most states AZ marijuana dispensary’s have both labeling requirements and sale limits. However, they have been even more vague in how much concentrate or marijuana edibles one can legally purchase. Arizona requires:

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A. A dispensary shall ensure that medical marijuana provided by the dispensary to a qualifying patient or a designated caregiver is labeled with:

2. The amount, strain, and batch number of medical marijuana;

Arizona defines purchasing limits as two and one-half ounces of medical marijuana during any 14-calendar-day period. It is unclear how many edibles or grams of concentrate one can posses or purchase in AZ.

AZ does not currently require testing of product, although we expect that to change in the near future. While it is not uncommon to find THC and CBD content on product labels in Arizona, it is not technically required. The product such as an edible may list 250mg THC and 2.5 grams usable marijuana. 250mg does not = 2.5 grams. So, what is that the weight of? Most likely it is the weight of the oil or THC multiplied by the yield % (or an average yield %) of the original biomass source.

The state, the industry, the patients and the news have participated in many discussions regarding dry weight equivalents, however the topic remains unresolved. Product labels and amounts applied to limits appears inconsistent.

Oklahoma

The State of Oklahoma released emergency regulations in August 2018 to clarify key vocabulary. Interestingly their definition for concentrates specifies cannabinoids, although like most states, does not limit that to THC

“Marijuana” means all parts of a plant of the genus cannabis,
whether growing or not; the seeds of a plant of that type; the resin
extracted from a part of a plant of that type; and every compound,
manufacture, salt, derivative, mixture, or preparation of a plant of
that type or of its seeds or resin. “Marijuana” does not include the
mature stalks of the plant or fiber produced from the stalks; oil or
cake made from the seeds of the plant; or any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted from the mature stalks, fiber, oil
or cake; the sterilized seed of the plant that is incapable of
germination; or industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than three-tenths of
one percent (0.3%) on a dry weight basis the same as the term that is
defined in 63 O.S. § 2-101 .

“Medical marijuana concentrate” (“Concentrate”) means a substance
obtained by separating cannabinoids from any part of the marijuana
plant by physical or chemical means, so as to deliver a product with a
cannabinoid concentration greater than the raw plant material from
which it is derived. Categories of concentrate include water-based
medical marijuana concentrate, food-based medical marijuana
concentrate, solvent-based concentrate, and heat- or pressure-based
medical marijuana concentrate as those terms are defined in the
Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1
et seq.
“Medical marijuana product” means a product that contains
cannabinoids that have been extracted from plant material or the resin
therefrom by physical or chemical means and is intended for
administration to a qualified licensed patient, including but not
limited to concentrates, oils, tinctures, edibles, pills, topical
forms, gels, creams, and other derivative forms, except that this term
does not include live plant forms.
“Medical marijuana waste” means

Both possession and purchase limits defined by OMMA.

A patient who has been issued and is in possession of an OMMA
medical marijuana license is legally authorized to:
(1) Consume marijuana legally;
(2) Legally possess up to three (3) ounces (84.9 grams) of
marijuana on their person;
(3) Legally possess six mature marijuana plants;
(4) Legally possess six seedling plants;
(5) Legally possess (1) ounce (28.3 grams) of concentrated
marijuana;
(6) Legally possess seventy-two (72) ounces (2,037.6 grams)
of edible marijuana; and
(7) Legally possess up to eight (8) ounces (226.4 grams)of
marijuana in their residence.
These possession limits are cumulative and a licensed patient or
caregiver may possess at one time the totality of the items listed in
this Section.

Transaction limitations are identical, but do specify if a patient is under the age of 18 they are limited to once ounce of concentrate. It is unclear if 1 ounce or 72 ounces refers to the weights of the final product or if there are limits associated specifically with the weight of the cannabinoids. Assumably 72 ounces refers to the net weight of the product right?

Labeling requirements are simple reading:

Medical marijuana and medical marijuana
product labels shall contain, at a minimum, the following information:
(1) The Oklahoma Uniform Symbol in the manner and form prescribed
by the Department;
(2) THC potency;
(3) Terpenoid potency; and
(4) The statement, “This product has been tested for
contaminants.”
Labels for edible medical marijuana products shall also meet the
requirements set forth in OAC 310:681-5-8.1.

(A) Name and address of the business;
(B) Name of the food;
(C) Net quantity or weight of contents;
(D) Ingredients list;
(E) Food allergen information; and
(F) Nutrition labeling, if required under 21 CFR § 101.9.
(3) In addition, principal display panels or information panels
must contain:
(A) List of cannabis ingredients;
(B) The batch of marijuana;
(C) The strain of marijuana (optional);
(D) THC dosage in milligrams per unit; and
(E) The lot code.
(4) Nutrient content, health, qualified health and
structure/function claims must comply with the Food and Drug
Administration (“FDA”) Food Labeling Guide.

… See OK regulations for additional warnings and requirements.

Massachusetts

Massachusetts is also a particularly confusing state as they have separate methods for “medical” and “adult use” equivalency.

Adilas420 offer an online Massachusetts Responsible Vendor Course that explains in detail the differences between adult use and medical marijuana usable marijuana weights and dry weight equivalencies. MA new proposed regulations, discussed in this course, became more complex by defining new packaging and sales limits for THC.

Advice to the Goverments

If asked for my advice, I would suggest the state decides if limits will be based on the equivalency of usable marijuana weight (including terpenes and other plant material) AND/OR THC, but should keep them as separate equivalencies. A clear deffiniton of THC to include “active delta 9 THC” or non activated THCA in the regulations will help ensure consumer understanding and safety. If asked if any limit should be applied, I would pose the question: What are the goals of the limitations? Is the goal to try to prevent diversion, IE, if a dispensary were to issue too much people may give it away or sell it? Or is the goal to control how much psychoactive ingredients someone can purchase at once?

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Also, knowing under the adult use model, one person could go to multiple dispensaries and purchase more and more product, and no customer record is required, what do these limits accomplish?

I am not suggesting no limits. I support limits of MAX THC content in a single edible or concentrate packaging. This helps to improve the consumer experience allowing them to better self control dosing and ensure consumer safety. While I can also see concerns with excessive packaging requirements having a high cost to businesses and the environment, we can all understand wanting to take safety precautions for consumers.

If the goal is to prevent black market sales, the best way to do that is to allow businesses to keep their prices low to compete with the black market operations. Allowing customers to purchase as much as they want, while paying tax, will regulate supply and demand. Seed to sale tracking, proper labeling and consumer education will help ensure consumer safety.

Let Adilas420 help! Get help deciphering the rules for your state from an experienced cannabis consultant. Contact us today to get started!

Colorado Marijuana Laws

In Colorado, it is legal for an adult aged 21 years or older to possess up to one ounce of marijuana or its equivalent (e.g. edibles, concentrates, tinctures, etc.). This applies to residents and non-residents, alike.

Purchasing Limits

Medical patients without an extended plant count are limited to purchasing no more than 2 ounces of marijuana or its equivalent per transaction. In-state recreational customers are limited to purchasing no more than 1 ounce of marijuana or its equivalent per transaction. Out-of-state recreational customers are limited to purchasing no more than 1 ounce (28 grams) of marijuana or its equivalent per transaction.

Consumption

It is illegal to consume marijuana or marijuana-infused products openly or publicly in the state of Colorado, or at any location that is accessible to the public. Marijuana consumption is limited to an individual’s private property or on another’s private property with the permission of the property owner, provided the consumption takes place in an area out of view of, and inaccessible to, the public. Some municipalities have adopted more stringent rules. So please be sure to check local law, too.

Driving under the Influence

It is illegal to drive with more than 5 nanograms of THC per mililiter of blood in your system.

Transporting

It is illegal to transport marijuana and/or marijuana-infused products outside of the state of Colorado. Adults aged 21 or older are permitted to carry up to 1 ounce of marijuana and/or marijuana-infused products in their vehicle provided it is in a sealed container and does not cross state boundaries.

Exporting

It is illegal to export marijuana from Colorado to any other state or country.

Federal Land

The right to possess or consume marijuana and marijuana-infused products does not apply to federal lands within the state of Colorado, including national parks, national forests, national monuments, and any other federal property such as courthouses. Please be aware that many ski areas are located on federal land.

Cultivation

Adults aged 21 years or older are allowed to privately cultivate up to 6 marijuana plants, with no more than 3 being mature.

Constitution

Colorado’s marijuana industries are in place due to the passage of citizen ballot initiatives to modify our state’s constitution. Both sections addressing Colorado’s marijuana industries are contained withinArticle XVIII: Section 14 Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions and Section 16 Personal Use and Regulation of Marijuana (Recreational).

Executive Orders Specific to Marijuana Regulation<

Executive orders are rules or orders issued by the Colorado Governor to Executive Branch Agencies, such as the Department of Revenue, which are generally used to direct state agencies in their execution of state statute or policy.Governor Hickenlooper’s Executive Order Addressing Implementation of SB 13-283,June 2013Governor Hickenlooper’s Executive Order Addressing Threats to Public Safety Posed by Marijuana Contaminated by Pesticide, November 12, 2015

Statutes

The Colorado General Assembly provides the Marijuana Enforcement Division with the authority to carry out its mission through the passage of legislation, which makes up the Colorado Revised Statutes (C.R.S.) The Medical Marijuana Code is comprised of C.R.S. 12-43.3-101 et. seq. and the Retail Marijuana

Rules

In accordance with direction and mandates provided via the C.R.S., the Division promulgates regulations under which Colorado’s Medical and Retail Marijuana industries are expected to operate. These regulations are put in place in accordance with the Colorado Administrative Procedures Act (C.R.S.24-4-101 et. seq.) and no permanent rules are enacted without formal public comment hearings. Additionally, the MED has instituted the use of stakeholder working groups to generate the initial draft of proposed rules with which to begin the formal rulemaking process.

These copies of the rules are provided as a convenience to the public by the Colorado Department of Revenue and do not constitute an official publication. The official version of these rules is published by the Office of the Secretary of State in the Colorado Code of Regulations and may be obtained from the Colorado Secretary of State’s website.

*This content was posted from the Colorado Department of Revenue Enforcement Division – please click here for

Oregon Recreational Marijuana Laws

Adults 21 and older can purchase recreational marijuana from OLCC-licensed retail establishments, share or give away recreational marijuana, or grow their own (up to 4 plants per household).

But there are limits.

Purchasing limits for recreational users

Recreational consumers of legal age may purchase seeds, immature marijuana plants, cannabinoid products, and useable marijuana from OLCC-licensed retailers. A retailer may not sell more than the following amounts to a customer at any one time or within one day:

  • 1 ounce usable marijuana (dried leaves and flowers)
    24 ounces of usable marijuana to OMMP cardholders and designated primary caregivers
  • 5 grams cannabinoid extracts or concentrates
  • 16 ounces cannabinoid product in solid form
  • 72 ounces cannabinoid product in liquid form
  • 10 marijuana seeds
  • 4 immature plants
Growing limits for recreational users

If you’re 21 and older, you can grow up to 4 plants. (If you do not own your home, be sure to check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property.)

Gifting limits for recreational users

Gifting of recreational marijuana to adults 21 and older is allowed, so long as the amount gifted falls within the personal possession limits and no financial consideration is associated with the transfer.

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Financial consideration includes: cover charges, admission, donations, tip jars, raffles, fundraiser events, purchase required, barter or sales. It is considered the same as selling marijuana when money, goods or services are exchanged directly or indirectly for marijuana.

Gifting of extracts purchased from a licensed retailer is allowed, but not homemade extracts (as homemade extracts are not allowed under personal possession laws).

Please share this information with someone you know. Some aspects of the law are still being determined. To stay up to date, sign up for the OLCC newsletter e-newsletter or find them online at. www.facebook.com/whatslegalOR | @whatslegalOR

If you have a question that’s not answered here, take a look at the full list of FAQs or contact OLCC staff. They will do there best to get you the information you need based on what they know now. Additional information is available at marijuana.oregon.gov.

*This content was posted from the OLCC website – please click here for more information.

High-tech marijuana: The science & profit of cannabis composition

How potent is pot? This seemingly basic question is a serious one for state marijuana industries and the agencies that regulate them. Last week, the Colorado Department of Revenue—the state’s marijuana regulatory agency—released a report on equivalency, potency, and dosing that offered important answers to that question. In the process, the study also engaged another critical aspect of marijuana products: equivalency in composition. That is, how much marijuana does it take to produce the items demanded at market: flower, edibles, concentrates, tinctures, etc.

The report was funded by the Colorado Department of Revenue (via a legislative mandate: Colorado HB 14-1361) and penned by the University of Colorado, the Marijuana Policy Group, and a Denver-based consulting firm. Over the course of a few dozen pages, the authors tackle the issue by examining industry activity, regulatory demands, technological innovation, and medical literature.

Marijuana potency versus equivalency

It is important to start with some technical terminology to understand what the report offers. However, before diving into definitions, the technical nature of the language used to discuss the topic in the report suggests something important about marijuana and the burgeoning legal industry that has sprung up around it. Legal marijuana operations are high-tech, advanced, innovative, scientific, steeped in R&D, and staffed by knowledgeable professionals. It is increasingly a mature market that looks less like the stereotypical basement hothouse and more like corporate production in the agriculture, pharmaceutical, and manufacturing sectors of the American economy. That economic and industrial maturation comes not just from the store fronts and the grow operations, but from the investment, expertise, research, and entrepreneurial rigor that exists behind these enterprises. Like it or not, support it or oppose it, embrace it or wish it away, the marijuana industry is exactly that: an industry—driven by market actors and subject to market forces.

Now for some lingo from the report. The report distinguishes two important terms critical for consumers, industry, and regulators to understand: potency and equivalency. Potency is fairly basic, and its most common use involves the strength of THC in the marijuana product.

Equivalency is different. It focuses on inputs and outputs and varies depending on the type of equivalency under analysis. One type is “physical equivalency.” Physical equivalency measures how much raw marijuana is required to produce a given output: flower, concentrate for vaporization, concentrate for producing edibles, other tinctures, oils, etc. This varies dramatically depending on the consumer product and the uptake method (method of use/consumption). The other type is “pharmacological equivalency.” Pharmacological equivalency measures the relationship between THC content in an input (and other psychoactive substances derived from marijuana) and the given product (output). Pharmacological equivalency matters considerably for use, dosing, pricing, and regulation. The report goes on to tie each equivalency for given types of products to their pricing, as a means of seeing whether the price is proportionally responsive to production inputs—physical mass or THC content.

I will not lay out the findings in this blog post, but the report offers substantial detail on production processes, extraction techniques, and uptake methods and what each means for the value and use of marijuana in Colorado’s legal market. However, beyond Colorado, the report offers critical information and/or research methods for analysts in other state agencies and industries asking similar questions.

The marijuana market works just like other markets

One important finding from the report focuses on whether marijuana production and pricing efficiently reflects differences in inputs. That is, does more potent marijuana cost more? Does marijuana that is more manufacturing-intensive or subject to greater production losses cost more? In a basic market sense, these answers should be easy. In most product markets across the US, producers have answers to those questions. For the marijuana industry, those answers have been in question for a variety of reasons. First, the industry is new from a legal perspective, having previously operated in the shadows of the black market. Second, because marijuana is such a diverse product and research into the plant has been stymied by state and federal laws, the knowledge base–and the capacity to build that knowledge base–has been quite limited. Third, skepticism about the maturity of the industry, its actors, and the operation of individual enterprises abounds, as the marijuana industry tries to distinguish itself from pre-existing stereotypes that predate legalization.

Market pricing, particularly in new markets with incomplete information and limited research and development, can be a tremendous challenge. In fact, pricing in any market can be a challenge. However, this report suggests that the marijuana industry has done a remarkable job in ensuring that their prices well reflect manufacturing processes and inputs. That is, production and pharmacological values also maintain proportional price equivalencies. Although the industry is regulated in a unique way, produces a controversial product, and operates in a bizarre legal environment that turns federalism on its head, marijuana businesses are not unique. Despite the challenges marijuana businesses face, they largely operate like any other business or industry.

The importance of seed-to-sale tracking

Colorado uses software and hardware from a company called METRC to track and monitor inventory and production process. This monitoring system is often called “seed-to-sale tracking” as it makes every effort to track product from the moment it is planted to the moment it leaves the shelf in a consumer’s hand. The system and processes behind it operate on a basic radio frequency system, but offers a complex and comprehensive means of keeping track of the inventory supply chain in ways that help prevent diversion. I have previously called this system the backbone of the regulatory model in Colorado.