By Inter-american Drug Abuse Control Commission (CICAD). This analysis is part of the Legislation on Drugs in the Americas Project and is ongoing and subject to change.
| Colorado | Washington | Uruguay | |
|---|---|---|---|
| Level of law | State constitution, laws and regulations (conflict with federal law) | State law and regulations (conflict with federal law) | National law |
| Regulatory Body | Colorado Department of Revenue (CDR) | Washington state Liquor Control Board (LCB) | Instituto de Regulación y Control de Cannabis (IRCCA) |
| Definition of (retail) marijuana | All parts of plant, seed, resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed Retail Marijuana Establishment. Does not include industrial hemp. | All parts of the plant with a THC concentration greater than 0.3% on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. | Defined in the law as flowering tops with or without fruit of the female cannabis plant, except for the seeds and the leaves separated from the stem, including its oils, extracts, potential pharmaceutical preparations, resins and the like whose natural THC content is greater than or equal to 1% of its volume. Regulations limit cannabis to the flowering tops with or without fruit of the female cannabis plant, except for the seeds and the leaves separated from the stem. Marijuana cannot be pressed. |
| Definition of retail marijuana(-infused) product | Concentrated Retail Marijuana and Retail Marijuana Product that are comprised of Retail Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible product, ointments, and tinctures. | Products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana. | Not defined separately from cannabis. Regulations do not include infusions, oils, extractions or other products. |
| Personal possession quantity | 28.5 grams | 28.5 grams | 40 grams |
| Penalties for unauthorized personal possession | Drug petty offense, up to $100 fine. | Misdemeanor, up to $1000 fine or up to 90 days incarceration in jail | None |
| At home cultivation for personal consumption and immediate sharing | 6 plants, only 3 in flower | None allowed | A single person can have one at-home cultivation of up to 6 in flower plants and up to 480 grams annual harvest, with no more than one at-home cultivation per household regardless of number of residents |
| Minimum age | 21 | 21 | 18 |
| Retail Transaction limitation | 28.5 grams of marijuana or its equivalent in Retail Marijuana Product to CO residents. Up to a quarter of that amount for out of state residents. | 28.5 grams usable marijuana, 453.5 grams marijuana-infused product in solid form, 7 grams of marijuana-infused extract for inhalation, and 2.13 liters of marijuana-infused product in liquid form | 40 grams/month dispersed in up to 10 grams per week |
| Defined serving size for infused products | 10 mg of THC per single servingMaximum of 100 mg of THC in multiple-serving edible retail product. | 10 mg of THC per single serving100 mg of THC per product
A single unit of marijuana-infused extract for inhalation cannot exceed one gram |
Not specified |
| Restrictions on marijuana-infused products | Not specified | Prior approval of product, label and packaging from LCB.Marijuana-infused products that are designed to be especially appealing to children are prohibited
Marijuana-infused products must be homogenized, scored to indicate individual serving sizes. Additional restrictions on what types of foods items may be infused with marijuana. |
Not specified |
| Potency limits | Not specified | Not specified | IRCCA can determine the percentage of THC by the use of approved technical analysts. |
| Residency requirements | Some for consumption (non-state residents can purchase ¼ amount of residents).Yes for licenses (minimum 2 years) | None for consumption.Yes for licenses (minimum 3 months) | Yes. Adult citizens and permanent residents inscribed in control registries can produce, distribute or acquire cannabis. |
| Users’ Registry for non-medical use | None | None | Yes, the Cannabis Registry will be used to control for all methods of production and acquisition. |
| Public Consumption | No “open and public” consumption. Smoke-free zones included.Drug petty offense of $100 fine and 24 hours community service. | Unlawful to use marijuana in view of general public.$50 civil fine | Cannabis use will conform to similar tobacco smoke-free laws, established public spaces are protected by Ley Nº 18.256 Sanctions related to smoking in public apply.Consumption during the workday at place of work is prohibited. |
| Drugged Driving Standard | New 5ng THC / mL blood per se DUID | New 5ng THC / mL blood per se DUID | Any THC detectable in the body will deem a motorist impaired to drive. Sanctions apply in conformity with established laws (Ley Nº 18.191) |
| Hash Oil/Marijuana Concentrate | Defined as retail marijuana. Local governments may ban use of flammable gases or solvents in home processing. | Defined as retail marijuana but must be infused in other products. Home processing is not allowed. | Defined in the law as psychoactive cannabis. Regulations do not include these derivatives or products. |
| Outdoor cultivation | Permitted | Permitted | Permitted |
| Commercial Cultivation | Licensed Marijuana Cultivation Facilities | Licensed Marijuana producer | Licensed and regulated by future IRCCA guidelines. |
| Commercial Processing | Licensed Marijuana Cultivation Facilities and licensed Retail Marijuana Products Manufacturing Facility | Licensed Marijuana processor for cannabis sales to retailers | Can be licensed and regulated by IRCCA |
| Commercial Retail Outlets | Licensed Retail Marijuana Store | Licensed retailer | Licensed Pharmacies |
| Traceability | Yes, seed to sale. | Yes, seed to sale. | Yes, seed to sale combined with a registry. |
| Market Integration | Essentially required | Essentially prohibited | Probably prohibited, but not specified |
| Taxes | 15% excise tax from cultivation to processing or retail.10% excise tax on sale in addition to any existing local or state sales tax. | 25% excise tax at each stage of sales (producer to processor to retailer to customer) | Establishes VAT taxability of psychoactive cannabis. A rate of 0% tax for agricultural cannabis goods. |
| Fees | $2750 application producers and processors$5000 application retailers
$2750 annual renewal for producers and processors $3750 annual renewal for retailers |
$250 application producers, processors and retailers$1000 annual renewal for producers, processors and retailers
Additional fees for background check and filing for local business license |
Licensing fees are mentioned and will be set by IRCCA |
| Background investigations | Yes, criminal background check and financial information. Fingerprinting required. | Yes, criminal background check and financial information. Fingerprinting required. | Some financial information is required by IRCCA and the National Anti-Laundering Secretary for licensed producers |
| Production and Distribution Limits | Establishments must grow at least 70 percent of the marijuana they sell and sell no more than 30 percent of what they grow to other outlets. | Producers, processors and retailers are limited to 3 licenses, no more allowed to hold more than 33 percent of the allowed licenses in any county or city.Maximum cultivation is 2 million sq feet statewide.
Maximum limit of retail licenses issued by LCB based on population. Currently at 334. |
Not a fixed specific limit, but the IRCCA can limit the amount of producers and how much each can produce by license. |
| General Restrictions | Local municipalities can prohibit establishment of marijuana producers, processors and retailers. Also local ordinances can further regulate market. | Establishments cannot be located within 1000 feet of certain preexisting zones (schools, playgrounds, etc) | IRCCA can determine security conditions for cultivators as to avoid youth and non-authorized access. |
| Hours of operation | Cannot sell, serve, distribute, or initiate the transport between hours of 12-8AM Mon-Sun | Cannot sell marijuana or paraphernalia between hours of 12-8AM | Not specified |
| Packaging and labeling regulations | Yes: quantity, serving size, ingredients, potency | Yes: quantity, serving size, ingredients, potency | Yes: package must preserve product for no less than six months and cannot exceed 10 grams per container. IRCCA will determine further labeling and packaging restrictions. |
| Product warning labels of health effects | Yes | Yes | Not specified, but IRCCA can further regulate labeling. |
| Child-resistant packaging | Required for final sale of marijuana retail product. | Required for marijuana-infused products meant to be eaten, swallowed, or inhaled. | Not specified, but IRCCA can further regulate packaging |
| Quality control and contaminant testing | Yes | Yes | Yes, for retail cannabis |
| Advertising and Promotion | Permitted but restricted to avoid reaching minors under 21 for retail establishments. Signage permitted at place of business in compliance with local ordinances. | Restricted to no more than a sign for retailers at place of business. Prohibited for producers and processors. | All direct or indirect advertising is prohibited in listed mediums. Public events, tournaments or contests that promote cannabis consumption are not authorized. |
| Advertising Warnings | No misleading or safety claims can be made | Detailed and required | Not specified |
| Internet sales | Prohibited | Prohibited | Prohibited |
| Security systems | Required and detailed | Required and detailed | Required and will be established by IRCCA |
| Waste disposal | Detailed | Detailed | Not specified |
| Cannabis club | Not permitted | Not permitted | Permitted. Regulated by IRCCA having between 15-45 members that can maintain up to 99 plants. Each member can receive no more than 480 grams a year. The Ministry of Education and Culture will approve club statutes as Civil Associations under existing law. |
| Medical Marijuana | Yes, continuing in existence with new laws and are tax exempt. Prorated fees when converting medical retailer to non-medical. | Yes, continuing in existence with new laws | Permitted with prescription. Further regulations are under consideration. |
| Tax and Fee Distribution | First $40M to Public School Capital Construction Assistance Fund; remainder to General Fund to later be distributed to local governments. The established Marijuana Cash Fund will be used to pay for enforcement of regulations. | Dedicated marijuana fund run by State Liquor Control Board. $125K to Healthy Use Survey; $50K to social and health reports; $5K to UW for web-based marijuana education; $1.5M to State Liquor Control Board; remainder: 15% to drug treatment; 10% for drug education; 1% to state university research; 50% to Washington Health Plan; 5% to community health care; 0.3% to building bridges program; remainder to General Fund. | Not specified |
| Sanctions and penalties for violations or noncompliance | Yes, tiered schedule that includes up to $100,000 fines and suspension and/or revocation of license | Yes, tiered schedule that includes up to $2,500 fine and suspension and/or cancellation of license | Yes, fines up to 2,000 adjustable units, seizure of property, suspension and or cancellation of license. |
| Prevention and Treatment | Yes, law mandates that state agency will establish educational materials regarding appropriate retail marijuana use and prevention of marijuana use by those under 21. | Yes, taxes generated will go to treatment and prevention. | Yes, the national health and education systems are required to promote and avail treatment and prevention resources to address the problematic use of cannabis. |
| Monitoring and Evaluation | Yes, required by law for Department of Health to monitor health effects of law every two years starting in 2015. | Yes, required by law to independently by Washington state institute for public policy to evaluate policies and impacts related to health, security, economic impacts, etc for years, starting in 2015 until 2032. |
Fuente: http://www.cicad.oas.org/Main/Template.asp?File=/drogas/cannabis/comparativeLegalAnalysis_ENG.asp