KIND Concentrates is Certified by the State to Sell Concentrates

kind concentrates jones

Kind Concentrates felt it was necessary to release a statement regarding the new State v. Jones ruling that the entire States Cannabis Community is in an up roar about.

Kind Concentrates states: “We also do not believe that Jones applies to the medicine—including mixtures or preparations of medical marijuana—that we sell to our patients under ADHS regulations.” We believe they are saying because what Jones had on his possession was not from a dispensary that it was unable to be protected under ADHS regulations.

“On Tuesday, June 26th, the Arizona Court of Appeals, Division One, in State v.
Jones, affirmed a conviction of a medical marijuana patient in possession of “hashish”
“under the circumstances presented” in that case. Due to what we believe to be much
misinformation about Jones, we feel compelled to present our position on this matter.
In Jones, a medical marijuana cardholder was in possession of “hashish”, which
he admitted he received “for free” when “an employee at a marijuana dispensary in
Phoenix had given” it to him (Answering Brief). To be clear, Jones only involves a
transaction between two individuals and specifically does not address a transaction
between a state-licensed dispensary and a patient.

The court held that “hashish is ‘the resin’ extracted’ from the marijuana plant,’
criminalized as cannabis, a narcotic drug, and distinct from marijuana.” Importantly,
the majority opinion in Jones does not mention concentrates or vape cartridges, and
it states that the Arizona Medical Marijuana Act (“AMMA”) protects patients in
possession of allowable amounts of mixtures or preparations of medical marijuana,
including “brownies and the like.”

We received many questions from patients and others as to the meaning of
Jones. While we disagree with the reasoning in Jones, as some have interpreted it,
please note that we do not sell “hashish.” Any products sold under our brand are
medical marijuana and mixtures or preparations thereof, under strict regulations
from the Arizona Department of Health Services (“ADHS”). The AMMA defines
usable marijuana to mean “the dried flowers of the marijuana plant, and any mixture
or preparation thereof.” A.R.S. § 36-2801(8) and (15).

The AMMA defines
usable marijuana to mean “the dried flowers of the marijuana plant, and any mixture
or preparation thereof.” A.R.S. § 36-2801(8) and (15).

We and many dispensaries contacted ADHS personnel for guidance. ADHS
has confirmed that nothing has changed on their end, and that people should read
the rules and statutes for guidance. ADHS regulations provide that a dispensary is
required to provide a copy of its bylaws specifying whether the dispensary plans to
“[p]repare, sell, or dispense marijuana-infused nonedible products.” Ariz. Admin.
Code R9-17-304(C)(8)(b)(vi). According to ADHS’s dispensary handbook, non-edible
products include “any nonedible items, such as concentrates, sold that contain
medical marijuana” and must be labeled with the amount of marijuana they contain.
ADHS, Medical Marijuana Verification System Dispensary Handbook, at 11
(published June 8, 2017) (emphasis added). Importantly, the majority in Jones did
not address ADHS regulations.

The regulations and handbook confirm that all forms of medical marijuana—
including the concentrates derived from medical marijuana—are subject to the
protections of the AMMA. The foregoing reasoning and analysis come directly from
the dissenting opinion in Jones, were not addressed by the majority in Jones, and as
of now remain unaddressed by ADHS.

While we disagree with Jones, which should, and we understand will be
appealed, it is not yet final. We also do not believe that Jones applies to the
medicine—including mixtures or preparations of medical marijuana—that we sell to
our patients under ADHS regulations. If we hear or receive any information from
ADHS (our regulatory body) that is contrary to the foregoing, we will take the
appropriate action immediately.

The information contained herein is provided as our position for informational
purposes only, and should not be construed as legal advice on any subject matter.”

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