Cannabis Policy Topics

Recreational Use of Cannabis: Volume 2

Laws legalizing the cultivation, sale, or use of cannabis for other than medical purposes, together with laws imposing various prohibitions and restrictions on such practices.

Policy Topics

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Variables: Recreational Use of Cannabis: Volume 2

1. Recreational Use Legalized

A check mark appears in the Recreational Use Legalized column if the jurisdiction has legalized the purchase, possession, or consumption of cannabis for recreational use by an adult resident.

 

2. Vertical Integration Prohibited

Indicates whether or not a jurisdiction prohibits the practice of “vertical integration”, defined as the ability of a single entity to hold licenses at more than one tier of the distribution system (production, distribution, retail sales).  The table displays a check mark if the jurisdiction specifically prohibits a single entity from holding licenses at more than one tier of the distribution system.

 

3. Industry Makeup

Indicates which entities (government, private, non-profit) are involved in the recreational cannabis industry.

The table displays one or more of three non-mutually-exclusive coding options:

  • Government Involvement:  The State is involved in one or more significant aspects of production, distribution, or retail sales operations with respect to recreational cannabis.
  • Non-Profit Involvement:  The production or distribution system specifically provides for the involvement of citizen co-ops or other non-profit organizations.  States that allow non-commercial home cultivation are not included in this classification.
  • Private Entities:  The State licenses private businesses or individuals to conduct one or more significant aspects of production, distribution, or retail sales operations with respect to recreational cannabis.  "Benefit Corporations" * and "Certified B Corps" ** are classified as Private Entities.

* A benefit corporation is a type of for-profit corporate entity with the purpose of creating a general public benefit (or positive effect on society, workers, the community, or the environment) in addition to profit.

** A Certified B Corp is a for-profit corporation that has been certified by B Lab, a non-profit company that measures companies’ social and environmental performance.

 

4. Tracking System Requirements

A check mark appears if the jurisdiction specifically requires the implementation of a seed-to-sale tracking system or cannabis inventory tracking system (tracking production, distribution, and retail sale) with respect to cannabis sold for recreational purposes.

 

5. Use of Pesticides

Indicates whether or not the jurisdiction imposes restrictions on the use of pesticides in the production of recreational cannabis or requires testing of recreational cannabis for the presence of pesticides.  The table displays one or more of two non-mutually-exclusive coding options:

  • Restricted:  The jurisdiction imposes restrictions on the use of pesticides in the production of cannabis for recreational use.  Includes both restrictions against use of certain named ingredients or products, and requirements to use only ingredients or products from an approved list.
  • Testing Required:  The jurisdiction requires testing of recreational cannabis for the presence of one or more pesticides.

If the column is blank, the jurisdiction has no law regarding use of or testing for pesticides in recreational cannabis specifically.

 

6. Health & Safety Warning Requirements

This variable displays information about any health and/or safety-related warning requirements that apply to the label or packaging of recreational cannabis products offered for retail sale.  This does not include requirements for warning signs at the point of sale.

The table displays one or more of eight non-mutually-exclusive coding options:

  • Pregnancy.
  • Breastfeeding.
  • Child Access.
  • Impairment of Driving.
  • Serving Size.
  • Presence of Cannabis or THC.
  • Amount of THC.
  • Other:  The jurisdiction requires some sort of warning not discernably among the first 7 listed items.  The specifics of this category are displayed in Row Notes.

This variable does not include requirements for ingredients lists or nutrition information or any other food-specific, non-cannabis-related regulatory requirements.

 

7. Packaging Requirements

This variable displays information about any requirements applicable to the physical packaging of recreational cannabis products offered for retail sale.  This does not include requirements applicable to product storage or display at the point of sale (storage containers, display cases, etc.).  The table displays one or more of five non-mutually-exclusive coding options:

  • Child-Proof/Resistant.
  • Tamper-Proof/Resistant.
  • Tamper-Evident.
  • Dose-Limited.
  • Other:  The jurisdiction requires some sort of physical packaging requirement not discernably among the first four listed items.  The requirement is noted in the Row Notes.

 

  8. Advertising Restrictions

This variable displays restrictions applicable to the advertising of recreational cannabis products for retail sale.  This variable does not include restrictions on promotional materials or practices at the point of sale.  (For purposes of this variable, “point of sale” includes whatever is within the physical perimeter of the retail store, including the outside of the window.  However, a billboard located on the roof of the building would be considered outdoor advertising and, thus, included within the scope of this variable.)  Restrictions on the mere placement of the business name on the exterior of the business are not considered advertising for purposes of this variable.

Advertising restrictions specifically applicable to persons under 21 years of age are collected in the "Youth" column.  Advertising restrictions not specifically applicable to persons under 21 are collected in the "General" column.

The table displays one of four mutually exclusive coding options for populating either, or both, of the "Youth" and "General" columns:

  • Content:  Restrictions on what an advertising message says or conveys.
  • Placement:  Restrictions on where or how an advertising message is conveyed.
  • Both.
  • None.

The "Youth" column addresses only provisions specific to "minors" or persons under age 21.  If the jurisdiction specifies an age less than 21 years to which a restriction applies (for example, only persons under 18 years of age), this information is conveyed in a Row Note.

 

9. Public Consumption

Indicates whether the consumption of recreational cannabis products in public (outside a private residence or other private location) is either prohibited or restricted by the jurisdiction.  The table displays one of three mutually exclusive coding options:

  • Prohibited:  The jurisdiction specifically prohibits public consumption, with no exceptions or qualifications.
  • Restricted:  The jurisdiction allows consumption outside a private residence or other private location, but only if (a) consumption takes place in a private club or social club setting, (b) the jurisdiction allows in-store sampling or tastings, or (c) the jurisdiction provides for retail recreational cannabis sales for on-premises consumption.  Details are included in the Row Notes.  (Note: Provisions addressing retail recreational cannabis sales for on-premises consumption are covered in the Retail Sales variable in Recreational Use of Cannabis: Volume 1.)
  • None:  The jurisdiction has no law either prohibiting or restricting public consumption.

 

10. Home Delivery

Indicates whether the jurisdiction permits or prohibits the delivery, after sale, of recreational cannabis products to customers who are not physically present at a retail outlet.  The variable includes delivery to residential addresses, hotel rooms, conference centers, and similar locations that do not require the presence of the customer at the retail outlet of the entity that is selling the product.

The table displays one of four mutually exclusive coding options:

  • Allowed:  The jurisdiction specifically allows home delivery and has no stated restrictions beyond confirming the age or identity of the recipient.
  • Allowed with Restrictions:  The jurisdiction permits home delivery but with restrictions beyond simply confirming the age or identity of the recipient (e.g. restrictions such as quantity limits, limits on the time of day or days of the week, or a requirement that the retailer obtain a special license or permit).
  • Prohibited.
  • No Law:  The jurisdiction is silent with regard to home delivery.

 

11. Open Container

This variable displays information about whether the jurisdiction permits or prohibits open containers of recreational cannabis or recreational cannabis products in the passenger compartments of non-commercial motor vehicles.

The table displays one of four mutually exclusive coding options:

  • Allowed:  The jurisdiction specifically permits open containers in the passenger area of a motor vehicle, with no stated restrictions.
  • Allowed with Restrictions:  The jurisdiction permits containers of recreational cannabis to be resealed using a specified tamper-evident procedure, and present in the passenger area.  The particular restrictions are described in Row Notes.
  • Prohibited.
  • No Law:  The jurisdiction is silent with regard to open containers of recreational cannabis in the passenger area of a motor vehicle.