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By and large, most state governments around the nation have deemed medical marijuana companies “essential” during the coronavirus pandemic, meaning the vast majority can keep doing business as usual.
But the picture is murkier for recreational cannabis companies.
The quickly spreading coronavirus – and the surge of states telling residents to stay home since last week – has created confusion among cannabis companies over whether officials would require them to cease operations, even temporarily.
Decisions handed down from various government sources
At least 17 states so far have issued statewide orders for residents to remain home, along with corresponding directions to close “nonessential” businesses, and 14 of those states have operational marijuana industries. (See the map above.)
Of those 14, a dozen states have allowed at least some cannabis companies to remain operational during the coronavirus battle.
The only two so far that have not addressed the marijuana industry specifically? Delaware and Louisiana.
Beyond those states, the decision about whether marijuana operators can keep doing business has occurred state by state, and in some cases, city by city.
One such instance was in Colorado, where Denver’s mayor on Monday initially told recreational cannabis retailers they would have to close up shop before the city quickly backpedaled after long lines threatened to create more social disruption than is already occurring due to coronavirus.
Even some states that haven’t ordered all residents to stay home have told all “nonessential” businesses to close for now – such as movie theaters and bars.
And some of those states have exempted cannabis businesses, thanks to the recognition that MMJ has become a crucial part of regular medical treatments for hundreds of thousands of patients.
For instance, Maryland and Pennsylvania have not yet told all residents to stay home but have ordered many companies to close.
Both exempted their medical cannabis industries from those closures, however.
Other states, including Colorado and Nevada – which offer recreational marijuana industries in addition to medical – have not issued statewide “stay-at-home” orders but have taken steps to ensure their MJ businesses remain operational, such as allowing curbside pickup or new home delivery rules.
It’s also possible that the situation in each state may change quickly.
Several governors issued statewide “shelter-in-place” orders that initially did not mention the cannabis industry, though clarifications were later made to include the industry as a part of the larger health-care sector, one of 16 “critical” industries identified by the federal government.
The only thing that appears certain at this point is that the situation will change even more as the coronavirus continues its rampage.
Here’s where each state with some form of statewide stay-at-home order stands as of midday March 24:
California: Every state-licensed marijuana company is allowed to continue operating, according to state guidance and statements from regulators.
Connecticut: Medical marijuana dispensaries and producers are classified as part of the state’s health-care sector and are exempt from closures, according to state guidance.
Delaware: The situation remains unclear. The state has issued a list of business types exempt from mandated closures, including health-care businesses, but there’s no mention of marijuana or cannabis.
Hawaii: The governor’s stay-at-home order designates licensed MMJ dispensaries and cultivation centers as “essential.”
Illinois: All state-licensed cannabis growers and retailers are “essential” according to the governor’s stay-at-home order.
Louisiana: The situation remains unclear. The governor’s stay-at-home order allows health-care businesses to stay open, but the order itself makes no mention of marijuana or cannabis.
Massachusetts: The governor has classified “licensed medical marijuana retailers” as essential but not recreational cannabis businesses, which were required to close by March 23.
Michigan: Although the governor’s stay-at-home order doesn’t mention marijuana or cannabis directly, the state’s Department of Licensing and Regulatory Affairs stipulated in a news release on Monday that all licensed medical and recreational marijuana businesses can remain operational. Retailers, however, are limited to “curbside service or delivery,” meaning storefronts will not be open to the public.
New Jersey: All medical marijuana dispensaries were classified as “essential” by the governor’s stay-at-home order.
New Mexico: The state Department of Health issued guidance to medical marijuana businesses before the governor’s stay-at-home order, clarifying that all MMJ producers are an “essential” part of the health-care sector.
New York: In a clarification document released after the governor’s stay-at-home order, the state Department of Health said all licensed MMJ companies are classified as “essential.”
Ohio: The governor’s stay-at-home order classified all licensed medical marijuana dispensaries and growers as “essential.”
Oregon: The governor’s stay-at-home order doesn’t specifically mention cannabis or marijuana. But the state Liquor Control Commission, which oversees the industry, issued a temporary rule allowing licensed MJ retailers to provide curbside pickups for customers who submit orders online. So far, the state has not classified the industry as “essential.”
Washington State: The governor’s stay-at-home order includes an appendix that identifies cannabis retailers and workers supporting the supply chain as “essential.” Additionally, the state Liquor and Cannabis Board issued an order allowing retailers to continue sales through curbside pickups. The board also clarified in a news release Tuesday that all licensed marijuana businesses can continue operations and that retailers will be allowed to sell to both medical and rec customers.
John Schroyer can be reached at [email protected]
For more of Marijuana Business Daily’s ongoing coverage of the coronavirus pandemic and its effects on the cannabis industry, click here.
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