Colorado Dispensary Free Samples Current Laws And Proposed Changes

In Colorado's cannabis industry, the availability of free samples has been a subject of legal restrictions and recent legislative changes. This article examines the current status of free samples at dispensaries across the state, the legal framework governing cannabis distribution, and potential changes on the horizon.

Current Legal Restrictions on Free Cannabis Samples

Colorado cannabis dispensaries currently operate under strict regulations that prohibit the distribution of free marijuana products. According to state regulations, all cannabis products must be sold rather than given away, even for sampling purposes. This restriction stems from Colorado's seed-to-sale tracking system, which monitors every cannabis product from cultivation to sale, as well as a 2015 ruling from the Marijuana Enforcement Division (MED) that explicitly prohibits licensed cannabis businesses from providing free samples.

The seed-to-sale tracking system creates a comprehensive chain of custody for all cannabis products, making it impossible to track products that are given away rather than sold through the regulated marketplace. This system was implemented to ensure product safety, prevent diversion to the black market, and maintain accurate tax collection.

Dispensaries are legally permitted only to dispense cannabis to registered patients or caregivers, with any free distribution strictly prohibited. This rule applies uniformly across all licensed cannabis establishments in Colorado, including recreational dispensaries and medical cannabis providers.

Dispensary Policies on Free Samples

Individual dispensaries across Colorado uniformly adhere to the state prohibition on free cannabis samples. At Strawberry Fields Cannabis, for example, staff explicitly inform customers that no recreational dispensaries are able to give out free samples. The dispensary encourages customers to smell product jars and consult with budtenders about different strains and products, but actual consumption of products before purchase is not permitted.

This policy is consistent across the state, with no exceptions currently in place for recreational consumers. Medical cannabis patients may have different options for product testing, but even these are subject to strict regulatory controls that prevent free distribution.

Employee Sample Access

While customers cannot receive free samples, the issue of employee product sampling has been a point of contention in the industry. Currently, Colorado cannabis employees must pay for any products they wish to sample, even for professional purposes such as gaining product knowledge to better serve customers.

A bill recently passed by the Colorado House and advanced to the Senate (HB 1259) aims to change this situation by allowing licensed cannabis cultivations and infused-product manufacturers to provide samples to their managers. The bill, sponsored by State Representative Matt Gray and Senator Vicki Marble, includes several important restrictions:

• The manager who receives the sample cannot consume it onsite
• The sample cannot exceed the one-ounce personal possession limit
• The manager cannot provide or resell the sample to anyone else
• Businesses cannot use samples as compensation for managers

The bill specifically limits sampling rights to managers of cultivations and product manufacturers, excluding lower-level employees and dispensary workers. These guardrails were included to address concerns from colleagues and some municipality officials during the legislative process.

An amendment approved by the House on March 16 clarified what constitutes a managerial position under the bill. However, another proposed amendment that would have allowed local municipalities and counties to ban the law was denied. Representative Susan Beckman expressed concerns that this approach would violate Amendment 64's promise to allow municipalities and counties to opt in or out of the cannabis industry.

State Testing of Cannabis Products

While free samples are not available to consumers, Colorado does conduct testing of cannabis products to ensure safety and compliance. The Colorado Department of Public Health and Environment's lab, in conjunction with the Marijuana Enforcement Division, conducts spot-checks of cannabis products from dispensaries around the state.

This one-time testing program aims to identify contaminants or mislabeled potency in cannabis products. Industry bulletins indicate that the lab will analyze samples through January, with a report expected in the spring. The program involves collecting five to ten samples from each visited store, including multiple brands, with approximately 150 samples to be processed over three months at a cost of about $90,000.

Notably, the state does not pay dispensaries for these samples, which are collected as part of regulatory oversight. This testing program was established in response to concerns that companies might doctor their own samples to pass testing, even if the rest of the batch was contaminated. Over the past five years, the MED has fined 24 companies for altering their samples and 41 for not testing at various points.

The program aims to identify policy gaps and operational best practices while increasing product safety. According to Hope Shuler, spokeswoman for the state health department, the next steps would depend on what the testing reveals.

Marketing and Advertising Restrictions

Colorado's cannabis marketing guidelines further restrict the promotion of free samples or other incentives. Dispensary advertising must comply with strict content restrictions that prevent misleading claims, appeals to children, encouragement of illegal activities, and promotion of unapproved health benefits.

Websites for cannabis businesses are permitted to include facility names, contact information, operating hours, available products and pricing, and other approved information. However, they must include age verification for access. Dispensaries can display their business name and logo on various materials provided to patients and caregivers, but cannot include cannabis images or paraphernalia, slang references to cannabis, strain names, or medical symbols similar to established medical associations.

Advertising is prohibited in various locations and contexts, including within 500 feet of certain facilities or places attracting children, on billboards, on radio or television broadcasts, using portable signs, handing out flyers in public places or private property without owner consent, in public transit vehicles or shelters, or on publicly-owned property.

Any marketing or advertising not explicitly allowed requires department approval, with the division having up to 30 days to approve or deny submitted materials. Names, logos, signs, or advertisements must be submitted to the state board of pharmacy with an advertising approval fee before use.

Potential Changes to Sample Laws

The passage of HB 1259 through the Colorado House represents a significant potential change to the state's cannabis sampling laws. If the bill becomes law, managers at cultivation facilities and product manufacturers would be permitted to sample products, which could indirectly benefit consumers by improving employee product knowledge.

However, the bill does not extend these privileges to dispensary employees or lower-level workers at cultivation facilities. It also maintains the prohibition on consuming samples onsite, reselling samples, and using samples as compensation.

The bill's progress through the Senate will determine whether these changes take effect. If enacted, the legislation would represent a modest step toward allowing some form of cannabis product sampling within the regulated industry, though significant restrictions would remain in place.

Consumer Alternatives to Free Samples

While free cannabis samples are not legally available in Colorado, consumers have several alternatives for trying products before purchasing larger quantities:

1. Product Smelling: Many dispensaries, like Strawberry Fields Cannabis, allow customers to smell product jars to evaluate aroma and quality before making a purchase.

2. Small Quantity Purchases: Customers can purchase the smallest available quantities of products to test them at home before committing to larger amounts.

3. Educational Consultations: Budtenders at dispensaries can provide detailed information about different strains and products to help consumers make informed purchasing decisions.

4. Sample Programs for Other Products: Some dispensaries may offer sample programs for non-cannabis products, such as branded merchandise or accessories.

5. Customer Feedback Programs: Businesses like Dogwood Dispensary conduct surveys to gather customer input, which may influence future product selections. While not direct samples, these programs represent an opportunity for consumer input into product offerings.

Conclusion

Colorado dispensaries do not currently offer free cannabis samples due to state regulations and a 2015 ruling from the Marijuana Enforcement Division that prohibits the free distribution of cannabis products. All cannabis must be sold through the regulated marketplace, with no exceptions for sampling purposes.

While a bill currently under consideration (HB 1259) would allow managers at cultivation facilities and product manufacturers to receive samples, this change would not extend to dispensary employees or retail customers. The bill includes numerous restrictions and has not yet been passed into law.

Consumers seeking to try cannabis products must rely on alternative methods such as smelling product jars, purchasing small quantities, or consulting with knowledgeable budtenders. The state does conduct regular testing of cannabis products to ensure safety and compliance, though these samples are collected for regulatory purposes rather than consumer access.

The landscape of cannabis sampling in Colorado may evolve as legislation progresses, but any changes are likely to maintain strict controls to prevent diversion and ensure product safety.

Sources

1. Colorado Cannabis Employees Could Receive Free Samples if Bill Passes
2. Colorado Marijuana Contamination Testing
3. First Time Recreational Marijuana Dispensary Tips
4. Cannabis Marketing Guidelines by State
5. Dogwood Dispensary Rewards Sample Survey