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Law360 (March 18, 2020, 9:55 PM EDT) -- Maryland's medical cannabis regulator has told dispensaries to stop using "sniff jars" and performing hand-to-hand transactions at dispensaries, advising them instead to conduct sales out in the parking lot as part of an effort to stem the spread of the coronavirus.
In a new policy that took effect on Monday, the Maryland Medical Cannabis Commission suspended the use of sniff jars — display jars full of marijuana flower that customers are allowed to examine by smelling — and of "deli-style," or over-the-counter, transactions.
"In order to reduce the number of individuals accessing the service area, the Commission will allow dispensaries to deliver medical cannabis to qualifying patients and caregivers in a vehicle parked in the dispensary's parking lot," according to MMCC's bulletin.
Dispensaries will be allowed to log such sales as point-of-sale transactions, not deliveries, in the system the state uses to track legal cannabis commerce. Per state law, the amount of cannabis in a single sale cannot extend a 30-day supply.
The MMCC also announced on Tuesday that it would allow health care providers who certify medical marijuana patients to perform assessments for renewal over videophone conference. Initial assessments for new patients will still have to be done in person, the commission said.
The announcement mirrors those of other states that have revised or implemented new policies to reduce human interaction in the sale of medical marijuana, which many municipalities have determined is an "essential" business, and not subject to state orders to shut down retail operations.
In recent days, Michigan, Illinois, Massachusetts, Washington state and New York, have issued bulletins relaxing regulations regarding marijuana delivery and allowing curbside sales in order to limit contact between patients and vendors.
Illinois' Department of Financial and Professional Regulation said Tuesday that it would allow medical dispensaries to sell cannabis "on the dispensary's property or on a public walkway or curb adjacent to the dispensary," but noted that delivery to patients was not allowed.
Washington state's Liquor and Cannabis Board said Tuesday it would allow dispensaries to sell product to medical patients or their caregivers "outside of their business but within the licensed property line." The same allowance was extended to the state's liquor vendors.
The Michigan Marijuana Regulatory Agency said Monday that it will ultimately have to approve all delivery methods used by cannabis retailers, but in the meantime, the agency will temporarily permit delivery to customers and patients whose current addresses may not match those on their state-issued identifications and also allow dispensaries to do curbside deals with their clientele.
And Massachusetts' Cannabis Control Commission has advised medical dispensaries that deliver to consider enlarging the areas they service and to ask patients to place larger individual orders. The state allows patients to purchase a 60-day supply at a time.
--Editing by Jill Coffey.
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