The Office of Cannabis Management (“OCM”) finally released its draft rules for regulating the cannabis and hemp industry, which can be found on OCM’s website. These are not the proposed rules OCM will submit as part of the formal rule-making process, but rather the precursors to those proposed rules. To get a better sense of how the rules are organized, the rules are broken down by activity rather than license. For example, the Manufacturing Facilities rule applies whether you have a manufacturing license or a mezzobusiness license with a manufacturing endorsement.
The public has an opportunity to submit feedback on the draft rules prior to any revision or finalization of the proposed rules. OCM created a comment period for the public to submit feedback through this form between now and August 30, 2024. After this time, OCM will consider feedback and make revisions, so a lot can change between these draft rules and what is put into place. Once OCM completes its revisions, the proposed rules will start the formal process by being published in the Minnesota State Register, our state’s official publication. OCM has authority to use the expedited rulemaking process, which means that the window for public comment is reduced to 30 days. There is no opportunity for public hearings or public testimony in the expedited rulemaking process. After the public comment period expires, an administrative law judge needs to approve the rules as to form and legality before they are officially adopted. Even though OCM is utilizing the expediting process, it does not expect the rules to be officially adopted until early spring. Only after the rules are adopted can OCM open the license application window.
This is another important step regulators are making towards the opening of our recreational cannabis industry. It may seem to be moving at a slow pace, but we have to keep in mind the immensity of what we are trying to achieve – turning something that was considered bad and illegal into a multibillion-dollar industry that will be around long after we’re gone.
If you have any questions about this process or anything else, please do not hesitate to contact me at (952) 746-2187 or cmoss@hjlawfirm.com.
