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Cannabis-Infused Edibles Laws: A State-By-State Breakdown

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[UPDATED 11/2/2017]

Edibles are in their own league of delivering a unique cannabis experience. For this reason and more, the regulations regarding cannabis-infused edibles vary from state-to-state. Check out our breakdown of where you can enjoy treats as a medical or recreational patient compared to the states that just say no to medicated edibles.

Alabama

Alabama’s generally harsh cannabis laws don’t allow edibles. Carly’s Law, however, was signed on April 1, 2014 which allows researcher to administer CBD oil to children in federally approved clinical trials, and on June 1, 2016 Gov. Robert Bentley signed Leni’s Law which decriminalized CBD.

Alaska

Ballot Measure 2 went into effect February 24, 2015, and edibles are legal for adults over 21 including infused foods, drinks, candies, tinctures and oil, according to the Alaska Department of Health and Social Services.

Arizona

Edibles are available for registered medical cannabis patients, however the Arizona Department of Health Services frequently sends secret shoppers to determine if medical cannabis businesses label edibles correctly under its strict guidelines. Public edible consumption is legal for card-carrying patients, so long as the individual isn’t driving or is negligent.

 Arkansas

Edibles are legal for registered patients and sales are expected to begin in January 2018. In March, a proposed bill to ban all edibles failed in the Arkansas House. Registered medical cannabis patients and caregivers can legally possess and consume edibles.

 California

Edibles are legal for qualified patients and adults, but strict proposed manufacturing regulations are in the works. Assembly Bill 823 would ban cannabis-infused alcoholic drinks, products with butter, vacuum-sealed products and more. Assembly Bill 350, a ban on gummy bear-shaped edibles, is also currently underway. Under Proposition 64, the maximum milligrams-per-serving of THC in edibles is set at 10 milligrams.

Colorado

Edible sales are quite common for adults and patients in Colorado, however, House Bill 16-1436 recently banned animal- and fruit-shaped edibles. Many restrictions already apply, including the maximum milligrams-per-serving of THC set at 10 milligrams and a limit of100 milligrams of total THC. Edible potency must be labeled in a font two sizes larger than the rest of product typography. Strict dosage and THC warning labels also apply.

Connecticut

Act 12-55 was signed on May 31, 2012, which legalized medical cannabis. The laws allow medical cannabis in the forms of pills, creams and edibles, given they are in compliance with the Connecticut Food, Drug and Cosmetic Act and various Connecticut General Statutes.

Delaware

2011’s Delaware Medical Marijuana Act allows qualified patients to obtain cannabis from state-licensed dispensaries, and edibles are permitted for Delaware medical cannabis patients.

Florida

Per Florida law, edibles are not allowed for medical cannabis patients until Florida’s Department of Health hashes out edible regulations. Section 381.986 Florida Statutes directs the department to create rules for edible products. On September 29, a petition was filed to open up the market to edibles along with edible draft rules.

Georgia

Edibles are not permitted for medical cannabis consumption in Georgia. Georgia, however, allows patients who have one or more of 15 qualifying medical conditions to possess up to 20 fluid ounces of low-grade THC oil.

Hawaii

Act 241 was passed on July 14, 2015, finally allowing medical cannabis dispensaries. Patients may possess up to four ounces of cannabis or cannabis product (including edibles).

Idaho

Idaho does not have a medical cannabis program or even a CBD program, and edibles are illegal. Possession of three ounces or less of any kind of cannabis is punishable at a minimum by a misdemeanor, as well as a maximum $1,000 fine and one year imprisonment.

 Illinois

Edible products sold at Illinois dispensaries cannot be perishable such as baked goods, but stable items like chocolate are fine. Illinois’ Compassionate Use of Medical Cannabis Pilot Program began on January 1, 2014 and will run until it expires on July 1, 2020. Qualified patients are allowed to possess up to 2.5 ounces of usable cannabis. On December 19, 2015, the first edibles went on sale in Illinois.

Indiana

Medical cannabis edibles are not legal in Indiana. The state does however allow low-THC cannabis products for patients who suffer from treatment-resistant epilepsy through HB-1124, which was passed by Gov. Eric Holcomb in May 2017.

Iowa

Medical cannabis edibles are not legal in Iowa. Through House File 524, there was an expansion of the 2014 medical cannabis program which allows medical conditions to qualify patients for medical cannabis in the state. As of October 2017, an advisory panel in Iowa has been tasked to expand the state medical cannabis program to include cultivation and dispensing of cannabis oil.

Kansas

This state is one of few that has no medical cannabis program or laws, and thus also does not allow edibles. The 2017 legislation came and went, and no progress was made for medical cannabis. Multiple bills were proposed to enact a medical cannabis program but each one died in committee.

Kentucky

Medical cannabis edible products are not currently allowed in Kentucky. The latest win for cannabis happened back in 2014, when SB-124 was signed by Gov. Steve Beshear. Through that, patients may use cannabis if approved and prescribed by a doctor but the bill is very limited in who qualifies. Medical cannabis bills such as SB-76 were introduced during both the 2016 and 2017 legislative sessions, but none received enough attention before the session ended.

Louisiana

The Louisiana medical cannabis law, SB-143, was passed in 2015 but still has yet to be put into action due to numerous setbacks—and implementation isn’t expected until 2018. Although the bill technically allows for medical cannabis patients to gain access through cannabis in oil, pill, spray and topical form, it can’t be sold in a smokable form, nor consumed through edibles.

Maine

Question 1 was approved by voters in late 2016, effectively legalizing recreational cannabis in the state, and the state still utilizes a thorough medical cannabis program. While the medical cannabis program covers a variety of medical conditions to qualify for cannabis use, it also specifies strict requirements. Edible cannabis is among the approved non-smokable forms of cannabis that are allowed for patients in hospice or in hospitals.

Maryland

Edible cannabis products are allowed in Maryland through its medical cannabis program. The Maryland Medical Cannabis Commission dictates these rules as allowing non-smoking versions of cannabis, including extracts, lotions, ointments and tinctures. The Commission notes that while extracts can be used in foods, “Edible cannabis products will not be available from dispensaries in Maryland.”

Massachusetts

In Massachusetts, edible cannabis products are allowed. In mid-2017, the state’s medical and recreational cannabis laws, including new packaging and labeling requirements.

Michigan

The Michigan Medical Marihuana Act (MMMA) has existed since 2008, but the MMMA was amended in late-2016 to allow cannabis infused food products. Now, the definition of a infused product is better defined, and medical cannabis patients are now allowed to consume cannabis-infused products.

Minnesota

The only legal forms for medical cannabis patients to medicate with in Minnesota are pills, oils, topicals and liquids. Raw cannabis leaves, flowers and edibles are not allowed.

Mississippi

Medical cannabis is only available to patients in Mississippi through CBD oil, which much be obtained from a licensed physician. House Bill 1231 dictates that the oil must be tested and dispensed by the University of Mississippi. No other forms of cannabis, including edibles, are allowed.

Brownie

Missouri

Edibles as a form of medication are not allowed in Missouri. House Bill 2238 strictly defines the usage of hemp CBD oil as the only allowable cannabis medicine.

Montana

The Montana Marijuana Act allows patients with many different qualifying conditions to use medical cannabis. Most forms of cannabis, including edibles, are legal for medical cannabis patients.

Nebraska

While Nebraska has made some steps toward decriminalization, there is still no medical cannabis program in the state and edibles are illegal. Be aware of local laws, because in some Nebraska counties, including Deuel County, possession of edibles is considered a felony, while in others, punishment is a $300 fine for the first offense.

Nevada

As of January 1, anyone 21 and over with valid identification can legally purchase up to an eighth ounce of edibles or concentrate under Question 2, however consuming edibles in public can lead to a $600 ticket.

New Hampshire

On July 18, Gov. Chris Sununu signed House Bill 640 which decriminalized up to three-quarters of an ounce of cannabis. Those who are caught with personal amounts only receive a civil violation. The same rules apply to edibles.

New Jersey

The New Jersey Compassionate Use Medical Marijuana Act allows for the use of medical cannabis, however, its restrictive approach doesn’t allow edibles other than capsules, syrups and syrups for those with serious medical conditions.

New Mexico

The New Mexico Marijuana Legalization Amendment allows for concentrates and edibles to be sold under specific regulations. Qualified patients may possess up to eight ounces of medical cannabis in a 90-day period.

New York

Although New York’s medical cannabis laws were expanded on March 22, smokable forms of cannabis are not permitted. According to the New York Department of Health, the regulations prohibit edibles as well other than liquids, oils and similar products.

North Carolina

North Carolina’s CBD-specific cannabis law allows only CBD to certain patients with intractable epilepsy. As of now, edibles are not allowed in the state, however efforts are underway to legalize medical cannabis.

 North Dakota

Under Senate Bill 2344, North Dakota’s medical cannabis program is expected to be operational by summer 2018. But patients are only permitted to obtain cannabis infused tinctures, capsules, patches, or topical unless they obtain a special permit for edibles made using combustion.

 Ohio

Under House Bill 523, all types of medical cannabis are illegal in Ohio; therefore edibles are illegal as well. Ohio’s medical cannabis program is still not operational, but is expected to be up by September 2018.

 Oklahoma

Oklahoma does not have a medical cannabis program, and edibles are illegal. The only permitted cannabis is CBD oil, which was legalized in April 2015. Oklahoma will vote on medical cannabis with Question 788 on November 6, 2018 or an earlier designated date.

Oregon

Recreational cannabis laws allow for adults ages 21 and over the use of dried cannabis flower. Edibles can only contain a maximum of 5mg of THC per serving and recreational edibles can have no more than 50mg of THC total.

 Pennsylvania

Pennsylvania recently legalized medical cannabis with Senate Bill 3, but only pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms. Dispensaries cannot sell edibles, but patients are free to make their own edibles at home.

Rhode Island

Rhode Island’s comprehensive Medical Marijuana Act does allow for the use of all types of medical cannabis, which allows edibles and baked goods. Qualified patients can possess up to 10 ounces of usable cannabis.

South Carolina

Patients with severe epilepsy and other medical conditions can obtain CBD oil in the state of South Carolina with a doctor recommendation.

South Dakota

All types of medical cannabis are not permitted in South Dakota, with no exception made for edible forms of cannabis.

Tennessee

The only type of cannabis permitted in Tennessee is through a CBD oil research program for patients with intractable seizures. This means that edible cannabis products are illegal.

Texas

Texas legislation allows those suffering from severe forms of epilepsy access to CBD oil. That is unfortunately the current extent of their medical cannabis program, and therefore edibles are not permissible by state law.

Utah

The only type of cannabis permitted is high-CBD, low-THC cannabis oil for patients suffering from severe seizures.

Vermont

Vermont has an established medical cannabis program. Licensed dispensaries are allowed to sell cannabis-infused products such as edibles.

Virginia

Although medical cannabis and infused products like edibles are not permitted in Virginia, the state does allow patients with epilepsy access to CBD oil.

Washington

Adults ages 21 and over are permitted to use cannabis recreationally and medically. Edibles and concentrates are permitted in Washington.

West Virginia

Although West Virginia does have a medical cannabis program, it is not operational. Dispensaries will not be operating and patient cards will not be issued until 2019.

Wisconsin

Wisconsin only allows for patients with epilepsy access to high CBD extracts of medical cannabis. This means that psychoactive edibles are not allowed.

Wyoming

The Cowboy State is not a place you want to consume edibles. Non-psychoactive cannabis extracts are only permitted for medicinal use by those with severe seizure disorders.

 

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Sowing Seeds

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In the cannabis industry, there are all kinds of movers and shakers. Many musicians who get into the industry do so to promote their own name, with a lack of integrity. Not Marlon Asher. Everything the Trinidadian reggae singer does, he does out of his genuine love for the plant, including the music he records and the products that he releases. His seed company, currently under rebranding, is all about creation and cultivation, and his music is all about harmony. Between touring with countless reggae acts and even Boyz II Men, Asher’s fingerprint in the music world is as evident as ever. CULTURE caught up with Asher to discuss his contribution to the Caribbean reggae music scene, including his recent hit “Ganja Farmer” and his love for the leafy green.

 

Is there anything exciting you’re working on right now that you want to announce?

Right now I’m on tour, and I’ve also been working on my newest album.

 

What has the recording process been like for this album?

Right now, we’re actually in the planning stages of the new music. This time, we’re really trying to put everything together so there will be a flow, and we won’t have to guess what we want to happen. We want it to be special.

 

How do you think this is going to stand out from your other work?

What is really going to stand out is the fact that people are going to recognize the growth and the changes we’ve been through over the years.

“I would like to see an end to prohibition and see [cannabis] decriminalized. So far, I don’t really see a benefit from legalization, as the people who have been in the industry so long aren’t seeing a benefit from it; it’s the corporations who are benefiting.”

How did you first get into making music?

I first got into music at my grandfather’s church by being a part of the choir, and I fell in love with reggae music in my teenage years. I started performing around my village, and then I got recognized by some producers and started to make music my career.

 

When did cannabis first become a part of your life, and why was it important to you?

Cannabis is important to me, because it’s a medicine. You can really see the effects of it and how it helps people. One of my big hits, “Ganja Farmer,” was about the people who are dedicated to cannabis, to highlight some of the things that were going on in my country with cannabis and the people growing it. The song became really popular, and I think it has a really good message.

 

How has cannabis impacted you personally?

Personally, it kind of puts me in that meditative state that I like to be in when I want to get closer to God. It’s definitely positive when it comes to meditation and mental expansion.

 

What do you think the world of cannabis is going to be like in the future? How would you like to see it work in five years?

I would like to see an end to prohibition and see it decriminalized. So far, I don’t really see a benefit from legalization, as the people who have been in the industry so long aren’t seeing a benefit from it; it’s the corporations who are benefiting. I hope in the near future, cannabis won’t be criminalized, and no one will be chastised for using it.

 

What do you hope people take away the most from your music? How do you hope it influences people?

The main message I hope people take away is the oneness of people, the fact that music was made to bring people together and heal people. I really want that to be what I bring to the table.

 

Is there anything else you want to highlight?

I’m on tour now, and I’m about to start my seed business in the Caribbean. I also just want to tell people to take care of each other and love each other. That’s mainly what I want people to understand.

 

With your seed company, is there anything you want to announce or highlight?

Well we are currently rebranding, coming up with a new name and a new concept behind the business. We’re planning to launch everything soon.

 

www.facebook.com/mrmarlonasher

 

 

 

 

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Fabled Filmmaker

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Kevin Smith is undoubtedly Jason Mewes’ true partner-in-crime, and the two have remained friends through thick and thin—both on and off the screen. Smith’s more recent film, Jay and Silent Bob Reboot, was released theatrically in the United States on Oct. 15, and he is currently working on the upcoming comedy horror anthology Killroy Was Here and writing the script for Clerks III, which he hopes to release soon. In addition, Smith is working on his Netflix original animated series Masters of the Universe: Revelation, a reboot of the classic 1983 TV show.

Anyone who is familiar with the View Askewniverse knows that Smith adores the leafy green plant. Smith and Mewes recently collaborated with Caviar Gold’s Mike Brunson to create three strains: Snoogans, Snoochie Boochies and Berzerker. The strains are infused with 95 percent pure organic THC distillate and are rolled in kief for a product that resembles moon rocks. The strains are sold in pre-rolls or in 3.5 gram jars.

CULTURE recently snagged Smith at Herbarium, one of his personal favorite dispensaries in West Hollywood, California. In the wake of the nationwide vaping scare, Smith provided some insight about his thoughts on the epidemic, as entrepreneurship within the cannabis industry often overlaps with the vaping industry.

“Well what happened is the government said a couple days ago that ‘we’re taking vaping off the market’ and a lot of states are dropping it instantly like a hot rock, in such a way,” Smith explained. “There have been six to 10 deaths—which are heartbreaking—but the way they were like ‘we’ve got to get rid of this instantly,’ you’d think they know something that we don’t. Like that vaping causes vampirism or makes you turn into a werewolf. But instead they called it a public health hazard.”

“The only question that I have is, and I’m not a vaper myself, is that 10 people have died from vaping,” Smith added. “But how many people died from smoking a cigarette yesterday?  Where’s the public crisis for this? It just makes no sense.” Since speaking with Smith, there have been more incidents totally to a several dozen total vaping-related lung illness deaths—but as he said, it pales in comparison to cigarette deaths. According to The Centers for Disease Control and Prevention, cigarette smoking is responsible for 1,300 deaths per day worldwide. The real crisis, he explained, would be better suited to focus on the prevalence of cigarettes or one of the many deadly substances such as alcohol or opioids.

“. . . Ten people have died from vaping. But how many people died from smoking a cigarette yesterday? Where’s the public crisis for this? It just makes no sense.”

 

Smith has ventured into the cannabis industry multiple times before. Los Angeles, California-based Bud & Roses, for instance, sold two strains several years ago that were named after Smith’s outrageous comedy-horror film Tusk. His latest foray into the industry likely won’t be his last.

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The Cocktail Whisperer

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Photo courtesy Warren Bobrow.

It’s once again the season to be merry, and for a lot of adults, that means more cocktails at holiday parties and family gatherings. But some people would rather light up around the Christmas tree than drink alcohol and be subject to the inevitable after-effects. Those folks are in luck, because Warren Bobrow, a cannabis cocktail master, is here to make that tradition a thing of the past.

Bobrow has used his unmatched cannabis mixology know-how to write a book on the craft called Cannabis Cocktails, Mocktails & Tonics: The Art of Spirited Drinks and Buzz-Worthy Libations. He’s also a master menu-creator when it comes to infusions with cannabis. CULTURE chatted with the “Cocktail Whisperer” about how to keep things merry and bright this season with a little bit of liquid cheer.

 

How did you first get interested in mixology, specifically with cannabis?
I had experimented with mixing cannabis with craft spirits after visiting New Orleans during Tales of the Cocktail in 2016. I had scheduled a book signing at the Pharmacy Museum for my third book of six, Bitters and Shrub Syrup Cocktails.

At the same time, the museum was holding an exhibit on cannabis in the early apothecary. My dream was hatched! As a master mixologist and cannabis smoker since the tender age of 12 and the eldest grandson of the owner/manufacturer of Geritol, my inspiration was at hand with several books on healing measures, such as my first book, Apothecary Cocktails. The only ingredient missing in that early cocktail book (2013) was cannabis. In the early apothecary, cannabis was probably the only ingredient that actually did anything!

 

What about cannabis cocktails do you think invites creativity and experimenting?
The feeling of the crossfade is the most intriguing thing. You just don’t get that euphoric feeling from CBD; that’s why I hardly work with it. I like the feeling that I get from THC. And I believe for the entourage effect to be most pronounced, you need THC and CBD—not just CBD. It’s a balance. Like life itself.

 

Tell us about your writing career—how did you start writing?

I was initially a trained chef from dish sink on up. I have an incredibly deep knowledge of food journalism and writing. Clementine Paddleford was an early inspiration, as was Penelope Casas. I’ve always been comfortable writing in blogs, but never in the “real world.”

After losing my fresh pasta business in hurricane Hugo in 1989, I was forced by necessity to pay off my loans by working in a series of private banks for 20 years, all the while nurturing a career working in wine and spirits on my days off and as a private chef. But it was not fulfilling. I needed to write, but I didn’t know how.

I ended up taking some food writing classes, one at the New School with Andy Smith and the other at the then French Culinary Institute for Alan Richman. Alan said I would be making a big mistake by going back into banking. He was right!

 

How did you first start using cannabis, and how did it influence your life and creative process?
I was at a good old Grateful Dead show in 1972 at Roosevelt Stadium in Jersey City, New Jersey. The cannabis may or may not have actually been cannabis. It might have been gerbil droppings for all I knew. But there was something in there that made me more relaxed than I had ever been. Our plant brought me relief of the pain of being Warren. It helped me focus and drill down into my own history.

 

What is your favorite strain or product, and what’s your favorite cannabis cocktail?
My favorite cannabis cocktail is the Mezzrole Cocktail, named for Mezz Mezzrow, a jazz-era musician, who not-so-coincidently was Louis Armstrong’s weed dealer in the ’20s and ’30s. A particularly well-rolled cannabis joint was known by the “Hep Cats” as a Mezzrole. A joint or a reefer might get you arrested if you asked the wrong person for one, like a policeman. But a Mezzrole was the hip codeword for reefer in the Jazz Era.

 “You just don’t get that euphoric feeling from CBD; that’s why I hardly work with it. I like the feeling that I get from THC. And I believe for the entourage effect to be most pronounced, you need THC and CBD—not just CBD. It’s a balance. Like life itself.”

 

What do you think the world of legalization will look like in five or 10 years? Do you think ordering a cannabis cocktail in a bar will ever become the norm?
I hope that the stigma dissipates somewhat along with legalization as it spreads around the country. Unfortunately, there are many preconceived notions about cannabis cocktails. Most importantly, “Will I get destroyed?”

That is a real possibility, but I suggest taking the Thai food approach. Never would you go to a Thai restaurant for the first time and order your food five star, Thai Hot.  It’s just not done; you’d be destroyed! Cannabis cocktails are the same. You want to start really slowly. They hit pretty fast, so less is definitely more. You can always add, never subtract.

But should you take too much, some CBD or a combination of peppercorns and lemon juice work just fine. Don’t be like those folks on VICELAND Live (I made them a THC/CBD cocktail with Barrell Bourbon and oven-caramelized blood orange juice)  who had way more than one per hour. Each drink was at least 100 milligrams of THC . . . They had several in the first 15 minutes or so . . . and then they went out on live TV. It was memorable.

Is there anything specific you want to announce, focus on, or highlight right now?
I’m doing a mocktail for TSO Sonoma in December, and I’m releasing a live-resin, ready-to-drink mocktail into the market shortly in California. Stay tuned! It’s unlike anything available with an onset time of just a few short minutes, and it’s delicious. My tried-and-true recipes. I’m always focusing on the sales of my book, Cannabis Cocktails, Mocktails and Tonics. It’s available on Amazon, Barnes/Noble, Indigo Books in Canada and most indie bookstores globally.

 

Is there anything else you’d like to add?
Don’t be afraid of cannabis cocktails. They were making them over 100 years ago in pharmacies. They work for me with my glaucoma, and I hope they offer a non-confrontational approach to “taking your medicine.” At least no one would know that your Vietnamese iced coffee had both THC-infused, condensed milk and Rhum Agricole from Martinique in it.

 

cocktailwhisperer.com

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