Sample in a Jar: How HB 2646 affects Oklahoma’s deli-style experience
HB 2646 requires dispensaries to separate cannabis meant for patient interaction from retail flower starting November 1st.
HB 2646 goes into effect November 1st and is bringing with it a list of regulatory changes that touch every aspect of Oklahoma’s cannabis industry. There are a few to-dos ahead of that date to remain in compliance, one in particular for dispensaries relates to display jars and patient product interaction.
The deli-style dispensary experience in Oklahoma came under fire with HB 2646, as the original version of the bill sought to end it all together. Deli-style states allow dispensaries to present product for patient and consumer interaction, then package and sell that same cannabis on-site. For contrast, states like California, Colorado and Washington have package laws that require all products to be packaged at a third-party location before being brought to the dispensary for sale. Lawmakers often move these types of provisions through the legislature citing consumer safety reasons, missing the medically important and essential nature of patients being able to interact with cannabis flower terpenes.
Luckily, the Senate saved the deli-style experience, but HB 2646 still changes the way dispensaries can display and allow patients to interact with product. Starting November 1st, no dispensary can display, offer or allow handling, smelling or other physical contact with any cannabis product not contained in a sealed or separate package. You can still display sample jars for patient interaction, but those have to be sample jars only. Retail cannabis must be sealed, stored and sold separately.
With this scenario we get a best of both worlds outcome (given the circumstance at least), where there is an added layer of consumer safety without affecting the core integrity of the patient’s deli-style experience. Every change however brings with it risk for a compliance infraction, most often due to plain lack of awareness if not outright negligence.
As a dispensary licensee, you need to allocate product meant for patient interaction to sample-only jars by November 1st.
Educate your budtenders about this change and how it will affect their sales flow routine. And rest assured, dispensary employees will still be allowed to package retail flower on-site as long as the packing is consistent with state regulations.
To recap, direct from the Act:
E. No medical marijuana dispensary shall offer or allow a medical marijuana patient licensee, caregiver licensee or other member of the public to handle or otherwise have physical contact with any medical marijuana not contained in a sealed or separate package.
Provided, such prohibition shall not preclude an employee of the medical marijuana dispensary from handling loose or nonpackaged medical marijuana to be placed in packaging consistent with the Oklahoma Medical Marijuana and Patient Protection Act and the rules promulgated by the Authority for the packaging of medical marijuana for retail sale.
Provided, further, such prohibition shall not prevent a medical marijuana dispensary from displaying samples of its medical marijuana in separate display cases, jars or other containers and allowing medical marijuana patient licensees and caregiver licensees the ability to handle or smell the various samples as long as the sample medical marijuana is used for display purposes only and is not offered for retail sale.
Take the to-dos with these new laws seriously as they will soon become compliance infractions (if they haven’t already). Whatever work gets cut out for us in this industry, we are up for it. If Gies Law Firm can help you with compliance review, OMMA licensing or any other matter relating to cannabis, book a consultation today. And stay tuned for more breakdowns of this bill—we’re here to keep you informed and ahead of the changes.
