Third county marijuana producer gets approval

The third marijuana producer and processor and producer license has been approved by the state.

Whitman County commissioners on Monday reviewed the license for DP Farms, 13301 Pine City-Malden Road, St. John. Commissioners did not comment on the license.

The license has been approved for marijuana producer tier 2 and marijuana processor, and is valid through Dec. 31, 2015.

This license allows the producer a maximum of 5,325 square feet of marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees.

The producer has 15 days from the date the license was issued to have all seeds, clones, nonflowering marijuana plants and plant tissue physically on the licensed premises. Within 24 hours, the producer must record all seeds, clones, nonflowering marijuana plants and plant tissue that enters the facility, during this 15-day time frame, into the traceability system.

No flowering marijuana plants may be brought into the facility during this 15-day time frame. After the 15 days expire, the producer may only start plants from seed, plant tissue or create clones from a marijuana plant located physically on the licensed premises, or purchase marijuana seeds, plant tissue, clones or plants from another licensed producer.

People under 21 years of age are not permitted on the premises. A sign reading “Persons under 21 years of age not permitted on these premises” must be posted in a conspicuous location at each entry to the premises.

Changes in ownership, alterations to the operating and/or floor plan, and business relocation require prior board approval.

In accordance with state code, the issuance of a license by the Liquor Control Board shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances and business licensing requirements.

Included in the license notice is information about firearms on the premises.

The notice is meant to help clarify federal laws about possessing firearms on licensed premises and while transporting marijuana.

Federal law prohibits users of controlled substances from possessing firearms.

Marijuana remains a controlled substance under federal law.

Federal regulations provide that current use of controlled substances may be inferred from evidence of recent use, possession or a pattern of use or possession.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives, an agency of the U.S. Department of Justice, stated in a letter dated Sept. 11, 2011, that any person in possession of marijuana is prohibited by federal law from possessing firearms or ammunition.

In addition, it is illegal under federal law to carry or use a firearm in furtherance of a federal drug trafficking crime, which includes selling marijuana.

Federal law prohibits the possession of firearms by any person on a premises where marijuana is present or being transported. People who are prohibited by federal law from possessing a firearm may be prosecuted in federal court. A state license is not a defense to a federal prosecution under federal firearms laws or the federal Controlled Substances Act.