Despite the continued federal ban on marijuana and THC products, 38 states and the District of Columbia have given the green light to medical cannabis. This obviously creates significant conflict between federal and state laws. To minimize the risks of such conflict, states regulate medical cannabis in a variety of ways.
Washington may one day get around to legalizing marijuana. If and when it happens, there are plenty of people who believe that marijuana will be regulated very similar to alcohol. Washington would maintain control over things like interstate commerce, safety and quality standards, and labeling. Meanwhile, states would maintain control over growing, processing, and distribution.
Legalization at the federal level could still be aways off. So for now, it’s helpful to know how states regulate medical cannabis. Here are just five of the tools they use:
1. Licensing
States tend to require that marijuana businesses be licensed. Let us use Utah as an example. The Beehive State licenses:
- Growers
- Processors
- Testers
- Retailers (pharmacies)
There are also individual licenses for medical providers and medical cannabis pharmacy staff. Just like every other pharmacy in the state, Beehive Pharmacy in Brigham City can only hire workers who have been properly licensed. Incidentally, Utah also limits the number of licenses issued to the four types of businesses listed above. They do so to maintain healthy competition.
2. Testing and Labeling
Next up, states regulate medical cannabis through testing and labeling requirements. States like Utah establish strict standards for quality, purity, and potency. Products must be tested and certified before they can go to market. Products must also be labeled accordingly.
Some states are more strict about their labels than others. Vast differences in labeling from one state to the next have led industry players to call on the FDA to come up with some sort of labeling standard.
3. Advertising
Yet another means of regulating medical cannabis is to control advertising. Utah lawmakers just relaxed advertising restrictions during the 2024 legislative session. They didn’t completely eliminate all controls, but they did give medical providers and pharmacies a bit more flexibility in how they market their services.
States are united in the desire to prohibit advertising to minors. That could be the one consistent thing across the entire legal marijuana spectrum. Lawmakers do not want miners using marijuana regardless of whether they have approved both medical and recreational use, or just medical only.
4. Product Tracking
Some states have gone to the trouble of implementing seed-to-sale tracking. They require growers to track seeds and plants. They require processors to track incoming and outgoing product. Finally, they require retailers to track everything they sell.
Seed-to-sale tracking is ostensibly utilized to keep a lid on the black market. It may work to some degree, but black market operators don’t adhere to regulations anyway. As for consumers, those inclined to buy from the black market are not discouraged from doing so by seed-to-sale tracking.
5. Zoning Laws
Finally, states and local municipalities rely on zoning laws to regulate where businesses can set up shop. In California, local municipalities have the authority to zone out marijuana businesses if they do not want them in their cities and towns. This, even though both medical and recreational marijuana are allowed in the Golden State.
While some states tightly regulate medical cannabis others are more lenient. The one thing we know for sure is that regulations can vary substantially from one state to the next. It is a patient’s responsibility to understand the rules that regulate his or her medical consumption. Ignorance is never a suitable defense in a court of law.
