The Chronicle: American Adult-Use Marijuana Laws – Other Licenses – JD Supra

Intro: The Chronicle: American Adult-Use Marijuana Laws
Part 1: Regulator
​Part 2: Licensing
Part 3: Cultivation Licenses
Part 4: Health and Safety
Part 5: Retail Licenses
Part 6: Other Licenses

This category includes statutory provisions related to other types of licenses not covered in the other articles, including the following types of licenses:

Processor/product manufacturer licenses Transporter/distributor licenses Testing facility licenses Microbusiness licenses Wholesaler licenses Research licenses Common Provisions

Processor licenses

All the licensing states provide for a processor license. Alaska, California, Colorado, Maine, and Massachusetts refer to them as “manufacturers.” Michigan, Oregon, and Washington refer to them as “processors.” Illinois refers to “infusing organizations.” And Nevada refers to “cannabis production facilities.”

Processor licenses (by any name) expire and must be renewed annually.

Transporter/distributor licenses

California, Colorado, Illinois, Michigan, and Nevada provide for transporter or distributor licenses. Washington permits common carriers to obtain a license to transport adult-use marijuana. Washington is the only state to explicitly permit via statute a common carrier to be licensed as a transporter.

Each of these states requires transporter licenses to be renewed annually, except Colorado, where transporter licenses are valid for two years. Alaska and Maine, on the other hand, explicitly refer to the ability of marijuana licensees to transport marijuana, subject to regulations to be issued by the regulator, without the need for an additional transporter license. Oregon also statutorily requires the regulator to issue rules governing the transportation of marijuana.

Most of the licensing states restrict transporters to deliveries to licensed premises.

Licensees may sell marijuana directly to other licensees without contracting with a distributor

California, Colorado, Maine, Massachusetts, Michigan, and Washington permit licensees to sell adult-use marijuana directly to other licensees without requiring them to contract with a licensed distributor to facilitate the transaction. Oregon’s statutory scheme also appears to permit licensees to sell to each other

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