Recreational Use of Cannabis: Volume 1

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. 

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. 

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Cultivation Restrictions:

A "limited marijuana cultivation facility license" is restricted to <500 sq ft under cultivation, but a "standard marijuana cultivation facility license" has no upper limit. See Alaska Admin. Code tit. 3, § 306.410.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Cultivation Restrictions:

A "limited marijuana cultivation facility license" is restricted to <500 sq ft under cultivation, but a "standard marijuana cultivation facility license" has no upper limit. See Alaska Admin. Code tit. 3, § 306.410.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

Regulatory Agency:

When Proposition 64 was passed the regulatory agency charged with regulating cannabis was called the Bureau of Marijuana Control. On June 27, 2017, the agency's name was changed to Bureau of Cannabis Control.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.5 percent) applies. Effective January 1, 2017, the general sales tax decreased to 7.25%.

Regulatory Agency:

When Proposition 64 was passed the regulatory agency charged with regulating cannabis was called the Bureau of Marijuana Control. On June 27, 2017, the agency's name was changed to Bureau of Cannabis Control.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies. Beginning January 1, 2020, the California Department of Tax and Fee Administration is required to annually adjust the cultivation tax rates for inflation.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf .

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf . Tax Imposed: General sales tax (2.9 percent) applies.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf .

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after September 30, 2014 are limited to 3,600 plants. Licenses issued before September 30, 2014 can cultivate the same as previously authorized. (Prior to September 30, 2014, cultivation restrictions were set by the limits applicable to the type of medical marijuana license held by the applicant.) Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

Effective July 1, 2017, general sales tax (2.9 percent) does not apply.

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. See Colo. Const. Art. 18 § 16.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

Effective July 1, 2017, general sales tax (2.9 percent) does not apply.

Retail sales of cannabis are not authorized in the District of Columbia.

Retail Sales:

On May 31, 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act, legalizing the recreational use of cannabis. The Act was signed into law by the Governor on June 25, 2019, to become effective on January 1, 2020. Retail sales began on January 1, 2020. State law authorizes localities to allow on-premises consumption. 410 Ill. Comp. Stat. 705/55-25.

Products Permitted:

Each cannabis-infused product must be individually packaged and not include more than 100 milligrams of THC. 

Cultivation Restrictions:

The Department of Agriculture shall issue up to 40 craft grower licenses by July 1, 2020. Any person or entity awarded one of these licenses shall only hold one craft grower license and may not sell that license until after December 21, 2021. By December 21, 2021, the Department of Agriculture shall issue up to 60 additional craft grower licenses. Any person or entity awarded one of these licenses shall not hold more than 2 craft grower licenses.

Pricing Controls Imposed:

No cannabis business establishment shall give away any amount of marijuana or marijuana products. A dispensing organization shall not sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price.

Tax Imposed: Adult use cannabis is subject to the 6.25% State Retailers' Occupation Tax.

Regulatory Agency:

The Department of Agriculture, Conservation and Forestry may delegate rule-making authority to Commissioner of Administrative and Financial Services and/or the Commissioner of Public Safety.

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. As of January 1, 2020, retail sales had not yet begun in Maine.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. As of January 1, 2020, retail sales had not yet begun in Maine.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. As of January 1, 2020, retail sales had not yet begun in Maine.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. As of January 1, 2020, retail sales had not yet begun in Maine.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. As of January 1, 2020, retail sales had not yet begun in Maine.

Products Permitted: A marijuana store or nursery cultivation facility must not sell an edible marijuana product that exceeds 10 mg of THC per serving and 100 mg of THC in the total product.

Pricing Controls Imposed: 

A marijuana store, cultivation facility, or products manufacturing facility may not give away adult use marijuana, adult use marijuana products or marijuana plants or sell or give away mature marijuana plants. A store or cultivation facility may not discount marijuana or a marijuana product if the retail sale is made in conjunction with the retail sale of any other items or sell marijuana or marijuana products at a nominal price for promotional purposes.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Tax Imposed:

General sales tax (6.25 percent) applies.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Tax Imposed:

General sales tax (6.25 percent) applies.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Cultivation Restrictions:

An individual licensee shall be limited to 100,000, square feet of canopy per licensee, for a total of three licenses.

Tax Imposed:

General sales tax (6.25 percent) applies.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... .

Products Permitted:
An individual serving of a marijuana product shall not contain more than 5mg of THC.

Cultivation Restrictions:
An individual licensee shall be limited to 100,000, square feet of canopy per licensee, for a total of three licenses.

Tax Imposed:
General sales tax (6.25 percent) applies.

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . State law authorizes localities to allow on-premises consumption by municipal ordinance. A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.

Tax Imposed:
General sales tax (6 percent) applies.

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . State law authorizes localities to allow on-premises consumption by municipal ordinance. A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.

Tax Imposed:
General sales tax (6 percent) applies.

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . Regulations governing adult use in Michigan are contained in the Marijuana Regulatory Agency Emergency Rules, Mich. Admin. Code R 333E-1.2019.

Tax Imposed:
General sales tax (6 percent) applies.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Pricing Controls Imposed:

Marijuana establishments are prohibited from offering any marijuana or marijuana product as “free” or “donated” without a purchase. LCB File No. E001-17.

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Products Permitted:

A marijuana product sold as a capsule must not contain more than 100mg of THC per capsule, and a marijuana product sold as a tincture must not contain more than 800mg of THC. An edible marijuana product sold as a multiple-serving edible marijuana product must not contain more than 100mg of THC, and an edible marijuana product sold as a single-serving edible marijuana product must not contain more than 10mg of THC. Nev. Admin. Code 453D.672, 453D.800.

Pricing Controls Imposed:

Marijuana establishments are prohibited from offering any marijuana or marijuana product as “free” or “donated” without a purchase. LCB File No. E001-17; Nev. Admin. Code 453D.470.

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015. This tax has not been collected, however, as there have been no retail sales of cannabis by licensees under the jurisdiction of the Oregon Liquor Control Commission as of January 1, 2016. There is no general state sales tax in Oregon.

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. Between January 1, 2016 and June 28, 2016, a licensee or permitee may not sell or offer for sale any cannabis item for a price per item that is less than the licensee's cost for the cannabis item, and the pricing of cannabis items must remain consistent during each day.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015. This tax has not been collected, however, as there have been no retail sales of cannabis by licensees under the jurisdiction of the Oregon Liquor Control Commission as of January 1, 2016.  Between January 4, 2016 and December 31, 2016, a 25% tax was collected on sales for recreational use by medical dispensaries. There is no general state sales tax in Oregon.

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. In addition, a retailer may not sell at a nominal cost for promotional purposes or provide free marijuana items.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015; however, this tax was not collected until sales by licensed retailers were generated. For the first three months of recreational sales by dispensaries, taxes were not imposed. Between January 4, 2016 and December 31, 2016, a 25% tax was collected on sales for recreational use by medical dispensaries. There is no general state sales tax in Oregon.

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. In addition, a retailer may not sell at a nominal cost for promotional purposes or provide free marijuana items.

Retail sales and commercial cultivation of cannabis are not authorized in Vermont. 

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Cultivation Restrictions:

For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:

“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than sixty percent. RCW 69.50.101.

Cultivation Restrictions:

For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:

“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:

For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:

“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:

For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

Regulatory Agency:

When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:

“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:

For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345.

Pricing Controls Imposed:

Marijuana retailers may not sell marijuana products below their acquisition cost. Beginning on June 18, 2016, retailers may not provide free samples to customers.

Tax Imposed:

General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:

The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).