Legality of Tinctures containing Ethyl Alcohol?

Hello, I make some great tinctures made with alcohol. They are in 5ml doses and contain approximately 2ml of 50% ethyl alcohol per 5ml dose.

I am wondering what the legality of these are in regards to selling them in dispensaries.

I have tried many of the tinctues they sell in the shops, and I can tell you I am VERY unimpressed. They all use glycerin as a solvent, and they are weak as hell.

I read over HB1284 and although it does mention using alcohol in the processing of cannabis requires an infused products license, it doesnt really say anything else on the subject.

I talked to a dispensary owner about this and he basically said "I think it's against the law because they havent figured out the tax issues since it contains alcohol."

I think this cant be right. You walk into Sprouts and buy tinctures containing alcohol. Or flavored cooking extracts as well. Not to mention the tinctures are made with alcohol purchased from a liquor store, so they have already been taxed at sale. Its only 2ml of alcohol. It would take over 20 doses of the tincture to equal one shot of alcohol.

Does anybody know anything about this? I have tried looking on google with little to no success.

Quote:

---

Originally Posted by asscore

Hello, I make some great tinctures made with alcohol. They are in 5ml doses and contain approximately 2ml of 50% ethyl alcohol per 5ml dose.

I am wondering what the legality of these are in regards to selling them in dispensaries.

I have tried many of the tinctues they sell in the shops, and I can tell you I am VERY unimpressed. They all use glycerin as a solvent, and they are weak as hell.

I read over HB1284 and although it does mention using alcohol in the processing of cannabis requires an infused products license, it doesnt really say anything else on the subject.

I talked to a dispensary owner about this and he basically said "I think it's against the law because they havent figured out the tax issues since it contains alcohol."

I think this cant be right. You walk into Sprouts and buy tinctures containing alcohol. Or flavored cooking extracts as well. Not to mention the tinctures are made with alcohol purchased from a liquor store, so they have already been taxed at sale. Its only 2ml of alcohol. It would take over 20 doses of the tincture to equal one shot of alcohol.

Does anybody know anything about this? I have tried looking on google with little to no success.

---

Those 'sprouts' tinctures aren't illegal federally, are they?

After 1284/109, it is illegal for MMC's to purchase from non-MMC's, which I assume you are.

You aren't going to find a legal way to move your tinctures unless you open a kitchen. maybe contact an existing edible manufacturer and see if you can rent space or something. Good luck.

I work for a person with all of the necessary licenses, including the infused products license.

Besides the fact that you did not address my question, you just made assumptions and acted like a dick.

I have no clue on this, but I think one of the keys will be if it's a topical or oral tincture. Most soft drinks have trace amounts of alcohol in them, so at the levels you're talking about... you might be fine.

Quote:

---

Originally Posted by asscore

I work for a person with all of the necessary licenses, including the infused products license.

Besides the fact that you did not address my question, you just made assumptions and acted like a dick.

---

Then you misunderstood me, I thought you caught what I was implying by your comparison of the 'sprouts tinctures'.

I don't have anything to add as I'm not a manufacturer or anything, which is why I ignored that part of your post. However, I think it could be important to note that the tinctures that are currently available at 'sprouts' are probably legal, not illegal, at the federal level, so that might explain your issues, I don't know.

I would imagine that's why there is a lack of info, because the tinctures you're looking to move are illegal at the federal level.

Patient to patient is very different than if you or your partner is an MMC. Would you like to clarify which of these you are? I think the answer that you're looking for is entirely dependent on whether you're a patient looking to sell or an mmc with overage.

Sorry for coming across that way. I'm curious what you find out, keep us posted. Good luck. I'm surprised people don't have thicker skins, it's just the internet.

Sorry for being snappy. Hopefully someone knows something about this.

I know this is a little off-topic but is still related to your product -

what's the alcohol% of the final product?

I agree with you - doesn't make sense why one can buy flavor extraction @ your local supermarket without even showing ID, heck one can buy over-the-counter medicine with a pretty high alcohol% without ID - so why can't one have a cannabis tincture that's only being sold to patients? Of course the current cannabis laws don't make a lot of sense anyway.

I've never heard any good explanation on why it's frowned upon or if it's even really frowned upon. Supposedly the ATF will make a stink about it, but not sure. Maybe try to contact someone who's in the non-cannabis herbal extraction/tincture biz. See what they have to go through. There's a couple of herbalist in Boulder who are also mmj-friendly.

Good Luck!
I make my own tincture, with alcohol too, as I found all the tinctures sold around town to be lacking in potency. My last batch I used a mixture of alcohol, coconut oil and glycerin - WOW packed a punch! Best yet! With a typical size 1oz dropper bottle - only takes about a dropperful.

Thanks Thaibuddhaman! Final alcohol percentage is probably around 30% by total volume?

The THC alcohol tinctures are currently legal to sell. All health food stores sell tinctures with alcohol and do not have a liquor permit. However, Whole Foods was recently forced to stop selling kambucha, a ferminted tea product containing 0.5% alcohol. However, they still have shelves full of tinctures made with alcohol, ie; valerian, wormwood, blackwalnut, etc.. I hope this answer helps.

Quote:

---

Originally Posted by mmjman

...Whole Foods was recently forced to stop selling kambucha,....

---

Is it the alcohol or the fermented tea that was the problem? If you happen to know... That stuff can look really disgusting at times, especially some of the home brewed/ferment stuff. Have some friends who swear by it though...

Thanks for the info mmjman. That is what I figured.

I dug through U.S. Code for a few hours just looking for the specific exemption that allows stores to sell products containing alcohol, but who knows how anyone finds anything in that giant pile of word-crap.

Quote:

---

Originally Posted by asscore

Thanks for the info mmjman. That is what I figured.

I dug through U.S. Code for a few hours just looking for the specific exemption that allows stores to sell products containing alcohol, but who knows how anyone finds anything in that giant pile of word-crap.

---

Hello Asscore, just wanted to complement you on your excellent username! Peace...

selling alcohol is really state law. Whole Foods may sell tinctures, but they also sell wine. I'm sure they have an alcohol license.

There are food co-ops that sell tinctures but not other alcohol, so I think it is legal in CA.

We talked with a tincture manufacturer today that has been working with the DoR on this. Still nothing definite.

seems an oz of alcohol being sold for $50+/- would not be being purchased for the alcohol.

See lemon extract, peppermint extract, etc at the grocery store. national brands. no liquor taxation. under 21's can buy them.

DOR should get realistic. the only thing they should worry about is who can make it to sell.