[7] 18 - Unlawful Manufacture/ Transport/Sale of Controlled Substance, Alcohol, or Tobacco Product

Controlled Substances

It shall be unlawful, and therefore a violation of this code, to manufacture any Illicit Substance as defined by [7] 6 - Possession of a Controlled Substance.

It shall be unlawful, and therefore a violation of this code, to manufacture any Prescription Substance as defined by [7] 6 - Possession of a Controlled Substance without:

• A valid operating permit;
• A license authorizing production or manufacturing;
• A physical facility security system;
• Facility employment records;
• Commercial operating liability insurance;
• Self-administered quality control procedures and inspection reports; and
• A list of substances or products to be manufactured or repackaged.

Cannabis

The following activities shall be lawful when conducted in compliance with that code:

• Personal cultivation by adults twenty-one (21) years of age or older, subject to statutory plant limits.
• Cultivation by holders of a valid State Cannabis Cultivation License.
• Processing or manufacturing of cannabis products by holders of a valid State Cannabis Processing License.
• Distribution or transportation of cannabis by holders of a valid State Cannabis Distribution License.
• Retail sale of cannabis by holders of a valid State Cannabis Retail License.
• It shall remain unlawful to manufacture, cultivate, process, distribute, or package cannabis outside the authority granted by a valid state license or beyond the personal cultivation limits established by law.

Alcohol

It shall be unlawful, and therefore a violation of this code, to manufacture any Alcoholic Beverage, defined as any beverage or liquid containing more than one percent (1%) alcohol by volume, without:

• A valid operating permit;
• A manufacturing license;
• A physical facility security system;
• Facility employment records;
• Commercial operating liability insurance;
• Self-administered quality control procedures and inspection reports; and
• A list of substances or products to be manufactured or repackaged.

Tobacco

It shall be unlawful, and therefore a violation of this code, to manufacture any Tobacco Product without:

• A valid operating permit;
• A manufacturing license;
• A physical facility security system;
• Facility employment records;
• Commercial operating liability insurance;
• Self-administered quality control procedures and inspection reports; and
• A list of substances or products to be manufactured or repackaged.

The cultivation of raw tobacco plants and the operation of tobacco farms are not regulated under this section.

Transport

It shall be unlawful, and therefore a violation of this code, to knowingly transport any Controlled Substance, Alcohol, or Tobacco Product that was illegally produced under this code.

This provision shall not apply to:

• Persons lawfully transporting cannabis in compliance with the Cannabis Regulation and Licensing provisions of [7] 6 - Possession of a Controlled Substance;
• Licensed cannabis distributors transporting cannabis within the scope of their state-issued license; or
• Individuals transporting cannabis lawfully possessed for personal use within the statutory possession limits.

Sale

It shall be unlawful, and therefore a violation of this code, to knowingly sell any Controlled Substance, Alcohol, or Tobacco Product that was illegally produced or to sell such products without the licenses required by law.

For cannabis:

• Licensed cannabis retailers may lawfully sell cannabis products in accordance with their state-issued license.
• Any sale, barter, exchange for value, or commercial distribution of cannabis by an unlicensed person or entity remains unlawful regardless of the quantity involved.

Inspections

• Facilities and entities operating to manufacture, cultivate, process, distribute, or sell controlled substances, cannabis, alcohol, or tobacco products shall be subject to compliance inspections, with or without prior notice, by authorized governmental agencies.

Seizure Authority

• Where there is reasonable suspicion that a controlled substance, cannabis product, alcohol, or tobacco product has been manufactured, cultivated, processed, transported, or sold in violation of this code, the property may be seized even if no individual is ultimately charged with an offense.
• Facilities and entities operating to produce or sell controlled substances, alcohol, or tobacco products shall be subject to facility and operating inspections for compliance with or without notice.
• Note that the raw Tobacco plant, or the farm in which they might be produced, is not included within this code.
• If a given substance is reasonably suspected of being illegally manufactured, the item may be seized even if no person is charged with an offence (such as when they were unaware of the illegality of the substance).