Regulators tackle pesky problem with legal pot

Consumers have complaints about legal cannabis. Many believe the products are too expensive compared to their neighborhood dealer. Others are weary and wary of product safety amid recalls and reports of unethical testing labs. Another common issue is freshness.

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Regulations in several American states and Canadian provinces require companies to pre-package weed before it is shipped out to dispensaries. The protocols, or lack thereof, have led to many products drying out or getting hit with too much light due to storage in mylar bags and jars. Both outcomes lead to a harsh smoke at the least. Things are looking up, though. Manitoba, and a few other provinces, are getting on top of things with new freshness rules that go into effect today.

Legal weed and the question of freshness

Before adult-use legalization began its U.S. campaign, many states had medical weed. In California, medical cannabis was sold under Proposition 215. Most Prop. 215 dispensaries weighed grams, eighths, and other amounts out in front of patients from a big jar. Giving each person an opportunity to see the buds en masse, smell them, and let their senses decide if it was right.

Growers would bring freshly cured flower to stores in turkey bags. Sometimes, said flower was on the floor to be sold within an hour of its purchase. Now, cannabis is harvested and prepared for the remaining processes. This is possibly due to following regulations, the ability to scale the business up, or both.

As states turned to recreational, and local governments became more involved in operations, most states threw unpackaged wholesale flower out the window. Instead, they opted to have cultivators and processors wholesale individually packaged lots to retailers. The move has left a few consumers upset. First, they can no longer get a huge sniff of the flower before purchasing, and second, many believe it leads to dry, less tasty products.

In Washington, retailers can order and pay for a sniffing sample to display in stores, but they dry out so quickly that many pass for two reasons. The samples lose freshness quickly, requiring retailers to re-order often. Also, inventory shifts over so soon that stocking smell jars for every strain seems impossible.

Certain states require packages to include expiration dates to offset the freshness problem, but not all. A packaging and/or harvesting date on products is much more common. In theory, a production date on the label gives consumers the power to decide what is too old to buy.

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As of 2018, expiration dates were only required on packaging in these medical and recreational markets:

• California
• Colorado
• Connecticut
• Florida
• Maine
• Maryland
• Massachusetts
• Montana
• New Mexico
• New York

This is a good snapshot of how few states are hands-on about product freshness, but some do. New York medical cannabis further defined how to create a “Best By” or expiration date. These regulations require companies to prove the product stability, shelf life, and best storage practices for products before they can be sold. The standards protect consumers once the product is home. Still, the Canadian province of Manitoba announced rules that stop aged products from hitting the shelves.

Canadian provinces tackling cannabis freshness

Manitoba Liquor & Lotteries (MBLL) announced new rules about cannabis product freshness that come into effect today. The agency requires cannabis flower and infused products sold into the market to be in the store no later than nine months after the packaging date.

Edible products in the province do not require a “Best By” date. Those that add one must deliver products to dispensaries 60 calendar days or more before it. Any who don’t add an optimal freshness date to packaging must deliver products within the first nine months of their shelf life. Extracts and concentrates have no date limitations.

As a result of the new rules, Manitoba cannabis retailers are granted the right to refuse delivery and return products that do not follow freshness rules. If this does happen, the company that supplied the products must issue a credit to the retailer at its own expense.

This isn’t the first province to move for the removal of old weed off Canadian dispensary shelves. The British Columbia Liquor Distribution Branch recently closed inventory thresholds for licensed producers to bolster product freshness. That same month, Alberta Gaming, Liquor, and Cannabis (AGLC) made preliminary moves to delist over 500 aging SKUs from its central warehouse.

Canada legalized cannabis at the federal level in 2018 while the U.S. is embroiled in rescheduling, Farm Bill negotiations, and countless new states figuring out how to regulate pot. The American industry may focus on freshness eventually, but for now, there are more pressing regulatory summits to conquer. In the meantime, those shopping in many U.S. markets should always check the packaging date to avoid buying brown weed.