MMLG internally has declared 2020 to be the year of compliance. Cannabis operators of all sizes are beset by shifting regulations at the state and local level, to say nothing of taxes. With that in mind, we are redoubling our efforts to best inform clients and operators across the cannabis industry on what they need to know. Today, our own director of compliance, Dr. Juli! has some words of wisdom on critical documentation. Have immediate compliance needs? You know who to call.

If you’ve spent any time with lawyers, you’ve probably heard the old adage, “If it’s not written down; it didn’t happen.” In compliance, there’s a similar sentiment in reference to documentation. Which brings me to my point, so much of the job of compliance for today’s cannabis licensees is record keeping – and since there are some hefty administrative penalties for failure to keep records – critical documentation has become a very big deal.

Take the list of materials that are required to be available to inspectors and regulators on a licensed premise. This list is a hefty pile of paper, or electronic records – BUT: be sure that you can provide these documents “immediately” in e-form or hard copy, during a power outage/internet blackout during a natural disaster like, say, the wildfires we saw last fall in California.

The specifics vary depending on license type, but there are critical pieces of documentation that apply to ALL licenses:

1. Your License  – It’s obvious, yes. But all operators should be REAL clear on this one. Since we’ve had a couple years now of temps and hard-won provisional licenses, most folks are used to posting these with pride. This one is the “participation trophy” equivalent of this mini checklist, so we can all start from a place of victorious achievement and feeling great about ourselves. You did it! You got a license! Of course, as of a few weeks ago, retailers are going to have to post a QR code as well.
2. Your Premises Diagram – You’d be surprised how many operations don’t have a copy of their premises diagram on hand/on the premises. It’s important to have it and to make sure that it is accurate and up to date. And remember, if you are repurposing a room or want to make any alterations – you’ll need to get permission from the agencies before any building or taking certain actions! ALWAYS review the notification requirements for different actions/activities.
3. Operating Plans/Cultivation Plans/SOPs – All those Operating Plans weren’t just fancy fluff to go into your license application – they are supposed to be on site, accessible to applicable staff, and accurately represent your current operations. If your methods change, you need to keep your SOPs current and be sure to retire old SOPs (but keep them on file!) and be sure that staff doesn’t mistakenly access the old ones.
4. Training Logs – This is especially where the “if it isn’t documented, it didn’t happen” rule comes into play. EVERY operator should have training logs on file, which at a minimum document the content of the training provided and the names of the employees that received the training. Don’t think you’ve had any training to document? If anyone in your company is on Metrc, they were supposed to be trained by the owner/account manager before being given a Metrc login. Also, you guessed it, if you didn’t document it, it didn’t happen.
5. Track-and-Trace Records – Many folks think that Metrc is their personal record keeping solution, so it’s important to pay special attention to the regulatory requirements for keeping record outside of Track and Trace on what is inside of Track and Trace. Head spinning yet? It’s true! The regulations ask for Track and Trace source documentation, current list of users, records (independent of the Track and Trace system) of compliance notifications received *on* the system and how and when compliance was achieved, and of course records of any activity conducted during an (inevitable) loss of connectivity to the Track and Trace system. Ask yourself – are you ready for a Track and Trace blackout? Do you have an internal written procedure for when that happens? Do you have alternative documentation methods at the ready? How about weighmaster certificates?

Of course, there’s a lot more to critical records and what are required to be on site – from waste disposal records to personnel records to financial records and more. However, as with most things related to compliance, we know folks can only stomach so much in one sitting.

So, we’ll leave you with these top five, and when you’re ready for a deep dive you can contact us for a record keeping audit, or if you found you’re missing something, we can help you get current on your critical documentation.