Cannabis Compliance and Why it is Important for Cannabis Businesses.

Cannabis Consultants

Cannabis compliance is the process of following the rules and regulations that govern the cannabis industry. Compliance is essential for cannabis businesses because it protects them from legal risks, such as fines, license revocation, or criminal charges. Moreover, compliance helps ensure the safety and quality of cannabis products, as well as the trust and satisfaction of customers.

One of the key aspects of cannabis compliance is seed-to-sale tracking, which means documenting and tracing every cannabis plant and product from cultivation to sale. This helps prevent diversion, theft, or contamination of cannabis products, as well as provide accurate data for taxation and regulation. To facilitate seed-to-sale tracking, cannabis businesses need to use a reliable inventory management system that integrates with the state’s track-and-trace system.

Another aspect of cannabis compliance is adhering to the purchase limits and age verification requirements for cannabis customers. Purchase limits are the maximum amount of product a customer can buy in a single visit, which vary depending on the type and potency of the product, as well as the customer’s medical or recreational status. Age verification is the process of checking the customer’s identification to ensure they are of legal age to buy cannabis products, which is usually 18 or 21 depending on the state.

Additionally, cannabis compliance involves implementing security measures to protect the business premises, products, employees, and customers. Security measures may include cameras, alarms, locks, safes, guards, or fences. Cannabis businesses also need to protect the privacy and confidentiality of customer and employee information, as well as comply with labor laws and human resources policies.

Furthermore, cannabis compliance requires following the rules and regulations regarding advertising and marketing of cannabis products. Advertising and marketing must be truthful, accurate, and not misleading or appealing to minors. Cannabis businesses must also avoid making health claims or implying that cannabis products are safe or effective for medical purposes without scientific evidence.

Role of a compliance officer

A compliance officer is an individual who ensures that a company complies with its outside regulatory and legal requirements as well as internal policies and bylaws. Compliance officers have a duty to their employer to work with management and staff to identify and manage regulatory risk.

Some of the main roles of a compliance officer are:

Developing and implementing internal company policies and procedures to comply with laws and regulations.

Monitoring and reporting on the effectiveness of the compliance program.

Conducting regular audits and investigations to identify and resolve any issues of noncompliance.

Communicating and educating employees on the compliance standards and expectations.

Taking corrective actions and imposing disciplinary measures in case of violations.

Compliance officers may work in different industries, such as finance, health care, or cannabis, and they need to have a thorough knowledge of the specific rules and regulations that apply to their sector.

Compliance officers also need to have strong analytical, communication, and problem-solving skills, as well as ethical integrity and professionalism.

To secure 2024 operations licenses, all cannabis operators are required to meet specific regulatory criteria. The first essential condition is having DCR's "Local Compliance Under Way (LCU)" status, demonstrating adherence to local regulations. Secondly, operators must have their CEQA (California Environmental Quality Act) Document status marked as "Under Way," indicating environmental impact assessments are in progress. Lastly, the DCC (Department of Cannabis Control) Document status should be "Underway," affirming that necessary documentation for cannabis operations is being processed. Meeting these prerequisites underscores the commitment of cannabis operators to legal and responsible practices, ensuring compliance and sustainability in the evolving cannabis industry landscape.

Cannabis Compliance Programs Mandatory?

Compliance programs are mandatory for some types of businesses, such as those in the health care, finance, or cannabis industries.

Compliance programs help these businesses follow the rules and regulations that apply to their sector, as well as prevent, detect, and correct any issues of non-compliance or fraud, waste, and abuse. Compliance programs also protect businesses from legal risks, such as fines, license revocation, or criminal charges.

However, compliance programs are not mandatory for all types of businesses.

Some businesses may choose to implement compliance programs voluntarily to demonstrate their commitment to ethical and responsible conduct, as well as to improve their performance and reputation. Compliance programs can also help businesses avoid or mitigate potential conflicts of interest, lawsuits, or customer complaints.

Therefore, the answer to whether compliance programs are mandatory depends on the nature and scope of the business, as well as the laws and regulations that govern its industry. Businesses should consult with legal experts or regulatory authorities to determine their compliance obligations and expectations.

Why Cannabis Compliance Training?

Compliance training is the process of ensuring employees understand all the relevant laws, regulations, and internal policies that govern the function of your organization.

Compliance training is important for several reasons, such as:

It helps protect your company from legal risks, such as fines, penalties, lawsuits, or criminal charges.

It ensures the safety and quality of your products and services, as well as the trust and satisfaction of your customers.

It fosters a positive work culture that is based on inclusivity, respect, and ethical conduct.

It increases productivity and performance by enabling employees to make wiser choices and handle different situations and dilemmas.

It promotes accountability and responsibility among employees, who feel invested in their organization and its values.

Compliance training can vary depending on the industry, sector, or role of your organization. Some compliance training programs are mandatory and time-sensitive, while others are voluntary and flexible. You should consult with legal experts or regulatory authorities to determine your compliance obligations and expectations. You should also use a reliable system to create, manage, and track your compliance training programs.

Compliance Week:

Compliance week is an annual event that aims to raise awareness and promote best practices in compliance and ethics. Compliance week is usually celebrated in the first or second week of November, but the exact dates may vary depending on the organization or industry.

For example, according to the Society of Corporate Compliance and Ethics (SCCE), the compliance week for 2023 is November 5-11 1. However, some organizations may choose to celebrate compliance week at a different time of the year, such as April 2 or October 3.

Compliance week is an opportunity for compliance professionals and leaders to engage with their employees, customers, and stakeholders on the importance of compliance and ethics, as well as to recognize and reward their achievements and efforts.

Compliance week can also be a fun and creative way to educate and inspire people on various compliance topics, such as policies, procedures, risks, values, culture, and more. Some of the common activities that organizations do during

Compliance week are:

Hosting live or online training sessions, webinars, podcasts, or workshops on compliance issues.

Launching new compliance initiatives, programs, or resources.

Conducting audits, surveys, or assessments to evaluate the effectiveness of the compliance program.

Organizing contests, quizzes, games, or challenges to test and reward compliance knowledge and skills.

Creating posters, banners, flyers, or social media posts to spread awareness and appreciation of compliance and ethics.

Inviting guest speakers, experts, or regulators to share their insights and experiences on compliance matters.

Holding recognition ceremonies, awards, or incentives to celebrate compliance success stories and achievements.

Compliance week is a valuable event that can help organizations strengthen their compliance culture and performance. By celebrating compliance week, organizations can demonstrate their commitment to ethical and responsible conduct, as well as to improve their reputation and trust among their stakeholders.

Are Compliance Jobs on Demand?

Yes, compliance jobs are in high demand in various industries, such as legal, financial, health care, and cannabis.

Compliance jobs are challenging to hire for because they require specialized knowledge, skills, and experience in following the rules and regulations that govern the function of an organization.

Compliance jobs are also important because they help protect the company from legal risks, ensure the safety and quality of the products and services, foster a positive work culture, increase productivity and performance, and promote accountability and responsibility.

According to the Bureau of Labor Statistics, the employment of financial examiners is projected to grow 18% by 2030, much faster than the average for all occupations.

Therefore, compliance jobs offer a promising career path for professionals who want to apply their legal skills in an alternative way.

Are Compliance Jobs Stressful?

Compliance jobs can be stressful for some people, depending on the nature and scope of their work, the industry they work in, and their personal coping skills.

According to a survey conducted by Corporate Compliance Insights in 2021, 59% of compliance officers reported feeling burned out, 43% said they had difficulties with anxiety or had been diagnosed with anxiety in the past year, and 69% said the pace of changing regulations was the most stressful aspect of their jobs.

Some of the common sources of stress for compliance officers are:

The pressure to protect the company from legal risks, such as fines, penalties, lawsuits, or criminal charges.

The challenge to keep up with complex and evolving regulatory demands, which may require constant learning and adaptation.

The potential conflict or isolation from other departments or colleagues, who may view the compliance function as unnecessary or antithetical to their own goals.

The lack of recognition or appreciation for their work, which may be seen as invisible or thankless.

The difficulty to balance work and personal life, especially during COVID-era disruptions related to remote work, testing, and vaccinations.

However, compliance jobs can also be rewarding and fulfilling for some people, who may enjoy the intellectual challenge, the ethical purpose, and the professional growth that come with their role.

Some of the ways to cope with stress and enhance well-being for compliance officers are:

Seeking support from peers, mentors, or counselors, who can provide guidance, feedback, or empathy.

Developing healthy habits, such as exercise, meditation, sleep, or hobbies, that can help reduce stress and improve mood.

Setting realistic and achievable goals, prioritizing tasks, and delegating responsibilities when possible.

Celebrating successes and achievements, both individually and collectively, and recognizing the value and impact of their work.

Pursuing continuous learning and development opportunities, such as training sessions, webinars, podcasts, or workshops.

Therefore, the answer to whether compliance jobs are stressful may vary depending on the individual and the situation. Compliance jobs can be stressful for some people, but they can also be enjoyable and meaningful for others. Compliance officers should be aware of the potential sources of stress and the available coping strategies that can help them manage their stress and improve their well-being.

Compliance Hardships in the Cannabis Industry

The cannabis industry faces many compliance hardships due to the complex and evolving regulatory environment, the lack of federal support, and the stigma surrounding the industry. Some of the examples of compliance hardships are:

Finding reliable and weed-friendly vendors for human capital management, payroll, and financial operations.

Many mainstream providers refuse to do business with cannabis companies because they are not federally regulated.

Cannabis companies have to rely on alternative systems or niche providers that cater to the cannabis industry.

Hiring and retaining qualified and motivated employees.

The cannabis industry has a high turnover rate of 43%, which can affect productivity, quality, and customer service.

Finding qualified candidates is also challenging, as many people are deterred by the stigma or the legal risks of working in the industry.

Keeping up with complex and changing regulations at the state and local levels.

Cannabis companies have to comply with various rules and regulations that cover aspects such as licensing, cultivation, processing, testing, packaging, labeling, distribution, sales, taxation, and reporting.

These regulations can vary widely across different states and municipalities, and they can change frequently due to new legislation or court rulings.

Protecting the company from legal risks and penalties.

Cannabis companies can face severe consequences for non-compliance, such as fines, license revocation, or criminal charges. They can also be vulnerable to lawsuits from customers, employees, competitors, or regulators.

Moreover, they have limited access to legal services or protection, as many lawyers and insurance companies avoid working with cannabis companies due to federal prohibition.

These are some of the compliance hardships that the cannabis industry must deal with. Compliance is a critical aspect of running a successful cannabis business, as it helps ensure the safety and quality of the products and services, as well as the trust and satisfaction of the customers.

Compliance also helps protect the company from legal troubles and enhance its reputation and performance. Therefore, cannabis companies should invest in developing robust compliance programs and systems that can help them navigate the challenging regulatory landscape.

In conclusion,

Cannabis compliance is a vital aspect of running a successful cannabis business. It involves following the rules and regulations that cover various aspects of the cannabis industry, such as seed-to-sale tracking, inventory management, purchase limits, age verification, security, and advertising.

By being compliant, cannabis businesses can avoid legal troubles, ensure product quality and safety, and build customer loyalty.

The cannabis industry's evolution demands adaptability and a keen understanding of the changing regulatory framework. Evergreen Growers LLC stands as a reliable partner, ready to guide operators through the shifting landscape, from the transition of provisional licenses to the pursuit of annual licenses and beyond. As the industry continues to grow, Evergreen Growers LLC ensures that cannabis businesses not only survive but thrive, fostering a sustainable and compliant future for all.

Last Modified 9/5/2023.

Sources:

1. mostcg.com, blaze.me, vensure.com

2. investopedia.com, indeed.com, eqs.com

3. advisory.kpmg.us, assets.hcca-info.org, indeed.com, acc.com, investopedia.com

4. powerdms.com, indeed.com, tribalhabits.com, ethicalboardroom.com, e-t-c.com

5. indeed.com, powerdms.com, kpa.io

6. corporatecompliance.org, complianceweeknational.com, streamlineverify.com, compliancekristy.com

7. roberthalf.com, roberthalf.com, bing.com, nesl.edu

8. corporatecomplianceinsights.com, corporatecomplianceinsights.com, corporatecomplianceinsights.com, prweb.com

9. mostcg.com, hrdive.com, vensure.com