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1. Do I need a license?

You need a license if you are currently selling or intend to sell any edible food or beverage containing intoxicating THC.

2. Why is the city licensing THC?

The state legislature legalized the sale, possession, and use of intoxicating hemp-derived tetrahydrocannabinol (THC) to adults 21 and older with packaging restrictions. It did not include an enforcement provision to ensure age limits and packaging are in compliance with state law. The City Council carefully discussed the sale and use of intoxicating hemp-derived products including the regulations currently in place for other products such as tobacco and alcohol. They agree to allow local businesses to be competitive with neighboring communities with the same precautions for similar products. Licensing allows for identification of retailers and begins the pathway to ensure compliance. The license fee is comparable to similar licenses which covers the application cost for review, background checks and compliance checks.

3. What are hemp-derived consumable THC products?

Products made from hemp or hemp distillate that contain THC and are intended to be an ingestible product. Common examples of ingestible products containing hemp-derived THC include:

• Food/beverage products and gummies
• Hemp tinctures, extracts, or ingestible oils
• Pills, supplements, or capsules
• Inhalable or vape-able hemp

4. What kind of products are allowed under the new law?

Only hemp-derived consumable products are allowed without a medical prescription. By federal law, hemp products can not contain more than 0.3% of THC. No edible THC product can contain more than 5 mg per serving or 50 mg per package. They must be in childproof containers and not be marketed to children. The new law does not allow marijuana vaping or smoking. 

5. Are there certain restrictions I should be aware of?

• Intoxicating THC products cannot be sold in vending machines, by transient merchants, peddlers, or by a moveable place of business.
• Intoxicating THC products cannot be delivered to a location outside of the CBD retail establishment.
• No sampling is allowed in stores.
• Sale of intoxicating THC products are only allowed to persons over the age of 21. Sales to persons under the age of 21 is a misdemeanor level crime. 

6. What if I sell non-intoxicating products that contain CBD?

The sale of non-intoxicating CBD products, including those applied topically, ingested as tinctures vapes, pills or candies are allowed in our retail zoning districts.

7. What if I sell products that don't contain THC and are made from exempt parts of a plant such as certain lotion, hemp milk, and/or clothing/textiles?

So long as all products (and their ingredients) offered for sale are made from exempt parts of the plant and do not contain THC and/or are not marketed to claim they contain THC, your business would not need a license.

8. My business has a liquor license and mixes cocktails. Can I use edibles to make infused cocktails?

No. A business with a liquor license cannot make their own infused drinks. The business can sell intoxicating cannabis products if it’s in the original packaging, complete with a label on it. The business would need a city cannabinoid license in addition to their liquor license. An example of an allowable product would be a canned drink infused with THC.

9. What are the penalties for selling or distributing ingestible hemp-derived THC products without a license?

Businesses who sell or distribute ingestible hemp-derived THC products without obtaining the required licensure and approvals will be issued a cease-and-desist order and may be cited criminally.