To:????????? Cannabis Licensees and Stakeholders

Fr:?????????? Enforcement and Education Division Director Chandra Brady

Re:???????? Pathways in Canopy Measurement

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In October 2021 the Liquor and Cannabis Board (LCB) communicated the Enforcement and Education Division?s protocol related to canopy enforcement. The intent was to ensure understanding and consistency across the state. Recently, concerns have been raised by licensees and stakeholders about the protocol as it pertains to the inclusion of ?pathways? between rows of plants in overall canopy measurement.

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There have been many discussions in recent weeks regarding this issue. As we reviewed input from industry and reviewed our current practices, it became evident that more conversation is needed at the agency level and with the industry about how best to ensure statewide compliance of cannabis production limits.

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I notified my division staff earlier today that I am pausing enforcement of that protocol while we continue internal and external conversations about next steps. Specifically, I wrote to division staff to please use the below direction as a guide:

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Related to canopy, for the duration of 2022, any seizure or directive to have a licensee cut down over canopy plants must be based on a canopy measurement that would be over canopy if the pathways (or areas between rows) were not included in the calculation.

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We hope you find this decision to pause to be fair and appropriate. We will be communicating again as we conclude our review.

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