Is "caviar" an infused product?

[puntacometa]

Didn't 1284 categorize honey oil as an infused product? If so, what is the legal status of caviar? If I am growing for a center that does not have an application on file for an infused products license, can I legally process my trim with butane to make honey oil and then create caviar buds using this? Wouldn't these be illegal for my center to sell and wouldn't it be illegal for them to authorize their sale in a center-to-center transaction......even if the center that was buying them did have an infused products app in process?

:wtf:

[HarvestHouse]

Didn't 1284 categorize honey oil as an infused product? If so, what is the legal status of caviar? If I am growing for a center that does not have an application on file for an infused products license, can I legally process my trim with butane to make honey oil and then create caviar buds using this? Wouldn't these be illegal for my center to sell and wouldn't it be illegal for them to authorize their sale in a center-to-center transaction......even if the center that was buying them did have an infused products app in process?

:wtf:

sounds like you need an attorney. I wouldn't base the legality of any mmj related activities on the advice you receive on a pot bulletin board web site.

[puntacometa]

sounds like you need an attorney. I wouldn't base the legality of any mmj related activities on the advice you receive on a pot bulletin board web site.

Numerous centers post here. I'm wondering if any of them have dealt with this. I have an attorney. So does my center. Getting a consensus of opinion by attorneys on certain interpretations of 1284 can be like pouring your money down a rathole.

Maybe I should just give uncle Matt a call. That would probably yield an opinion that since BHO is considered to be an infused product, it would only be legal to eat the buds.

After all......everyone knows it's impossible to smoke honey oil.

[SoCoMMJ]

Creating BHO requires an infused product license.

You can run bubble hash with ice water or dry sieve for kief on a grow license since those processes do not mix anything with the bud or THC. That was clarified by Matt Cook.

That is a good point though. Infused Product Manufactures (IPM)can not sell bud or products in a form for smoking. If that is the case, how can they create the caviar ? It can't be made on an OPCL by a grower, and it can't be sold by an IPM.

From HB10-1284:
(9) "MEDICAL MARIJUANA-INFUSED PRODUCT" MEANS A PRODUCT
INFUSED WITH MEDICAL MARIJUANA THAT IS INTENDED FOR USE OR
CONSUMPTION OTHER THAN BY SMOKING, INCLUDING BUT NOT LIMITED TO
EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. THESE PRODUCTS, WHEN
MANUFACTURED OR SOLD BY A LICENSED MEDICAL MARIJUANA CENTER OR
A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER, SHALL NOT BE
CONSIDERED A FOOD OR DRUG FOR THE PURPOSES OF THE "COLORADO FOOD
AND DRUG ACT", PART 4 OF ARTICLE 5 OF TITLE 25, C.R.S.

Hmmmm.... Now I'm wondering, can an IPM even legally make BHO for that matter ?

[puntacometa]

Creating BHO requires an infused product license.

You can run bubble hash with ice water or dry sieve for kief on a grow license since those processes do not mix anything with the bud or THC. That was clarified by Matt Cook.

That is a good point though. Infused Product Manufactures (IPM)can not sell bud or products in a form for smoking. If that is the case, how can they create the caviar ? It can't be made on an OPCL by a grower, and it can't be sold by an IPM.

From HB10-1284:
(9) "MEDICAL MARIJUANA-INFUSED PRODUCT" MEANS A PRODUCT
INFUSED WITH MEDICAL MARIJUANA THAT IS INTENDED FOR USE OR
CONSUMPTION OTHER THAN BY SMOKING, INCLUDING BUT NOT LIMITED TO
EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. THESE PRODUCTS, WHEN
MANUFACTURED OR SOLD BY A LICENSED MEDICAL MARIJUANA CENTER OR
A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER, SHALL NOT BE
CONSIDERED A FOOD OR DRUG FOR THE PURPOSES OF THE "COLORADO FOOD
AND DRUG ACT", PART 4 OF ARTICLE 5 OF TITLE 25, C.R.S.

Hmmmm.... Now I'm wondering, can an IPM even legally make BHO for that matter ?

So it's probably, by definitional omission, not even legal.

[lampost]

If that is the case, how can they create the caviar ? It can't be made on an OPCL by a grower, and it can't be sold by an IPM.

Can a grower also be an IPM? Dual roles?

[SoCoMMJ]

Can a grower also be an IPM? Dual roles?

I guess the easiest way to explain it is that either way you have to have an Optional Premise Cultivation License(OPCL), for a grow to support either a dispensary (MMC) or an IPM.

However each has to be separate if you are growing for both. Every gram of the IPM grow has to go into infused products and can not be sold as a smokable product.

The Dispensary OPCL can be sold as smokable bud or trim/bud can be sent off to the IPM side to be made into edibles. But when it comes back from the IPM side, it can't be smoked.

The paradox lies in the inability of either to infuse BHO into smokable hash.

I guess if the BHO is sold as edible, then who cares what the patient does with it once they leave the shop. I think it might taste bad :)

[SoCoMMJ]

double posted

[TheReleafCenter]

This is a legal grey area as far as I understand. There are some IPMs who are covering buds with a THC "spray" and selling them as infused products. I've also seen buds that have been decarboxylated offered as something you can crumble as a garnish for a meal.

I ultimately believe it comes down to intent. Matt Cook has spent enough time working with industry people that he knows when you're trying to game the system. Just saying "sprinkle it on your pasta" and winking, to me, doesn't seem like the best way to operate.

[copobo]

This is a legal grey area as far as I understand. There are some IPMs who are covering buds with a THC "spray" and selling them as infused products. I've also seen buds that have been decarboxylated offered as something you can crumble as a garnish for a meal.

I ultimately believe it comes down to intent. Matt Cook has spent enough time working with industry people that he knows when you're trying to game the system. Just saying "sprinkle it on your pasta" and winking, to me, doesn't seem like the best way to operate.

yuk. who would WANT to smoke baked buds?

the edibles market is hot, I thought?!

[TheReleafCenter]

yuk. who would WANT to smoke baked buds?

the edibles market is hot, I thought?!

Companies are looking for ways to delineate their brands by offering more esoteric items. When I visited Switzerland they sold small "scent bags" to put underneath your pillow with a sticker that warned you not to smoke the contents. Where there's a will, there's a way.

[SoCoMMJ]

From HB10-1284:
(9) "MEDICAL MARIJUANA-INFUSED PRODUCT" MEANS A PRODUCT
INFUSED WITH MEDICAL MARIJUANA THAT IS INTENDED FOR USE OR
CONSUMPTION OTHER THAN BY SMOKING.

I gotta roll back to the above. Even if you sprinkle fairy dust on a bud, it is still intended to be smoked.

Well, I suppose you would have to marvel at the concept of the existence of fairys first. But in the end, you are going to smoke it.

[copobo]

yea, but they say if you use iso or butane, it's infused.

it's a flawed definition that puts 2 major licencing categories at odds.

personally, I put oil on buds and smoke em, and oil in baked goods and eat 'em. extraction method is a bad differentiator. I can vape oil or kief or hash. I also cook with all three.

they need to adjust their definition to reality.