I recently came across a California product on Instagram that raises interesting policy questions. Kurupt’s MoonRock is marijuana buds that have been enhanced with hash oil and kief.
The government treats distilled alcohol differently from beer. It is subject to different tax rates and rules on where and when it can be sold.
Similarly, the state governments in Colorado and Washington State treated recreational marijuana flowers different than recreational marijuana concentrates. For example, the limits on how many grams of concentrate you can purchase is lower than it is for flowers.
So how should the government treat marijuana flowers that have been enhanced with concentrates?
Should the governments create new categories for enhanced buds? Should it use some enhancement threshold, like 5 percent by weight, to divide concentrates and flowers? Or should it create a simple rule that any amount of enhancement, no matter how minor, will automatically get any product categorized as a concentrate?
That final option seems the simplest and most likely solution that regulators will coalesce around, but I can think of some theoretical reasons why providing some flexibility might be called for.
Jon Walker is the author of After Legalization: Understanding the future of marijuana policy, on sale for just $0.99