And Best Democratic Experiment Goes to . . . (Legal?) Weed at the Oscars
Shared from Canna Law Blog
MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. And yet, these glam-o, cannabis friendly goodie bags are a good reminder to cannabis businesses (and the ancillary businesses that support them) that even if an A-list celebrity is consuming your cannabis or CBD products on or after the red carpet, California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA“) (and federal law) still apply.
According to MarketWatch, this year’s “treasure trove of over-the-top gifts for the acting and directing nominees is packed with cannabis chocolates, CBD beauty products and a year-long VIP membership to L.A.’s first cannabis-friendly social club. Marketing company Distinctive Assets has been gifting the Oscar’s swag for the past 17 years and company founder, Lash Fary, told MarketWatch their 2019 gifts are “directly tied to the broad legalization of cannabis in California last year.”
As much as I hate being a party-pooper – especially for a party as big as the Oscars — as a Los Angeles based cannabis business lawyer, I cannot resist mentioning my own legal concerns about these swag bags. Under MACURSA and Prop. 64, individual adults 21 and up can gift up to an ounce of cannabis (or its infused equivalent) without fear of state or local prosecution so long as there’s no financial compensation. But this gifting rule is far more complicated for cannabis business licensees. MAUCRSA is clear that cannabis licensees “shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity” and cannabis retailers “cannot provide free cannabis goods to any person” other than a medical cannabis patient as defined by Section 11362.71 of the Health & Safety Code.
This means that if the cannabis in the swag bags is given by cannabis businesses as part of “a business promotion or other commercial activity,” those businesses probably will violate MAUCRSA. I say this because this cannabis swag is probably being given to the Academy Award attendee…
Read more: cannalawblog.com