Medical cannabis caregivers in Maine without brick-and-mortar locations can resume selling marijuana pre-rolls.
That decision comes from state Attorney General Aaron Frey, who this week overturned an October decision by the Maine Office of Cannabis Policy.
The MMJ regulatory agency on Oct. 7 issued a guidance document saying that the state’s definition of a “tobacco product” includes marijuana pre-rolls as well as “electronic smoking devices” and their associated liquids, the Associated Press reported.
The guidance mandated that any licensee seeking to sell marijuana pre-rolls “must obtain a retail tobacco license … whether or not they contain nicotine.”
But Frey said the state’s current law is unclear and he will not prosecute registered MMJ caregivers for selling those products for now, according to the Associated Press.
The attorney general also suggested that state lawmakers clear up the issue in their 2023 session.
The Office of Cannabis Policy’s ruling drew criticism from medical and adult-use cannabis businesses because pre-rolls are one of their top-selling products.
However, Brandon Pollock, CEO of Theory Wellness, told the AP in October that the original guidance “won’t have an impact on adult recreational-use retailers because they’re already licensed for tobacco.”