The new state regulatory laws for commercial medical and adult-use cannabis industry in California will not be such a painful lift for you if you follow the guidelines, recommendations, and standards.
The cornerstone of any cannabis retail company is to remain compliant and successful by having a compatible POS system that speaks in an automated way to the Metrc track and trace system.
At this point, Indica POS is the only user-friendly POS system that allows your business to be fully integrated into the Metrc tracking system by uploading all sales minute-to-minute to Metrc. As a retail licensee, however, it is still your duty to check and ensure that you are always on the right track.
Once you have got your annual license, you will have a 5-day window to get on board and to get trained to be able to adapt to the new rules and regulations. Once you've done that training you have 30 days to input every product you have into your Metrc track-and-trace system. In addition, you will be required to reconcile your inventory every 30 days.
After your inventory migration to Metrc, all transactions must be entered into the track and trace system within 24 hours of occurrence. Any known errors must be corrected immediately after they have been found.
Prior to any sales activities, you have to accept a shipping manifest through the track and trace system to make sure you haven't missed a single step. Any known errors must be rectified. As a licensed retail company, you must verify that the cannabis products in your possession for retail sales are described in the shipping manifest and accurately reflected.
In addition, as a licensed retailer, you can sell immature plants and seeds with a tag attached to them that states, "This product have not been tested pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act".
Remember, if you are not compliant, your license could be revoked and you could be precluded from going into another jurisdiction, local or state.
Note: If you have any criminal convictions, they must be disclosed to the Bureau of Cannabis Control prior to your annual license application process.
Depending on your location, all purchases will be subject to a 15% cannabis excise tax, an 8-10% city tax, and a 7.25-11% sales and use tax except for the medical marijuana patients who participate in the Medical Marijuana Identification Card Program (MMICP).
Retail sale restrictions for recreational customers:
- Adults ages 21 and older can purchase marijuana products from the licensed retail store;
- Legal consumers may purchase 1 oz, or 28.5 grams, of recreational cannabis (non-concentrated), and up to eight (8) grams of THC;
- Legal consumers are allowed to gift up to 1 oz, or 28.5 grams, of marijuana and eight (8) grams of cannabis concentrates to a person who is 21 or older without cost or payment or exchange of any other thing of value;
- Legal consumers can purchase 6 immature cannabis plants;
- Home cultivation is allowed without a valid qualifying physician’s recommendation for up to 6 marijuana plants regardless of the maturity level (recreational only);
- A licensed retailer can sell and perform delivery services of cannabis goods between the hours of 6:00 a.m. PST and 10:00 p.m. PST.
Retail sale restrictions for medical customers:
- Adults ages 18 and older, patients with a valid physician’s recommendation or the MMIC, and their caregivers can purchase up to eight 8 oz, or 226.8 grams, of dried cannabis or concentrates from the licensed retailer;
- Adults ages 18 and older, patients, and their caregivers can transport up to six mature plants or 12 immature plants;
- Legal consumers can purchase 12 immature cannabis plants;
- Legal consumers are allowed to gift up to 1 oz, or 28.35 grams of marijuana and eight grams (8 g) of cannabis concentrates to a person who is 21 or older without cost or payment or exchange of any other thing of value;
- A licensed retailer can sell and perform delivery services of cannabis goods between the hours of 6:00 a.m. PST and 10:00 p.m. PST.
Note: Qualified patients claiming protection may possess an amount of marijuana that is reasonably related to [their] current medical needs.
Returns:
- Cannabis products that were previously sold to a customer can be returned to the licensed store;
- The licensed store cannot resell the cannabis products, rather they should be either destroyed or returned to the licensed distributor from whom the cannabis goods were obtained;
- Any products that were abandoned inside of the retail store can be treated as a customer return
Free Marijuana:
- Free MMJ products could be provided only to MMJ patients or primary caregivers for the patient, and should be applied toward the daily purchase limit for a medicinal cannabis customer;
- Such instances should be reported and recorded accordingly in the track-and-trace system.
Delivery:
- Delivery services are permitted within the state limits by a delivery employee that is directly employed by the licensed retailer;
- You should maintain the history of all locations traveled to by the delivery employee while engaging in delivery for a minimum of 90 days;
- Delivery inventory records have to be maintained electronically;
- If a delivery driver does not have any delivery requests to be performed for the next 30 minutes, the delivery driver should not make any additional deliveries and should return to the store. Meal breaks don't count toward the 30-minute period.
Attention: Any inventory changes in your Metrc account must not happen under any circumstances. Indica will not reflect any inventory adjustments happened in Metrc, thus will not bear responsibility for any discrepancies issues encountered.
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