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Beginning July 1, 2014, Idaho distilleries will be allowed to provide samples of their products at their manufacturing facilities, as has been permitted at breweries and wineries throughout the state of Idaho for quite some time. There are some conditions on the samples offered by a manufacturer: (1) the samples must be free; (2) samples must be offered on the premises of the manufacturer’s distillery site; (3) samples are limited to one-quarter of one ounce; (4) a person can only receive up to 3 samples in a 24-hour period; (5) samples must be served by a person over the age of 21.

The initiative also provides different protections from criminal and civil liability depending on whether the licensee is a marijuana producer, processor, and retailer. The holder of a valid marijuana producer license will not be held criminally or civilly liable for the production, possession, delivery, distribution, and sale of marijuana to marijuana processors and other marijuana producers.

The Liquor Control Board is encouraging stakeholders to provide input on the marijuana producer license rules. According to the notice, the Rules Coordinator will set up at least two meetings to collect stakeholder input prior to drafting the proposed rules. The meeting schedules will be posted on the Liquor Control Board website once the dates are established. Following the comment period, the agency will send out and publish proposed rules on marijuana producer licenses, establish a comment period on the proposed rules, and hold at least one public hearing before rules are adopted.

Although many parallels can be drawn between the licensing structure created by I-502 for marijuana producers, processors, and retailers and that of alcoholic beverages producers, distributors, and retailers, it is important to note that I-502 expressly prohibits marijuana producers and processors from having any financial interest in marijuana retailers.

The licensing provisions contained within I-502 are largely the same for marijuana producers, processors, and retailers; however, some differences do exist. For instance, the scope of the license will vary depending on the type of entity involved. Accordingly, a marijuana producer license permits the producer to sell marijuana at wholesale to marijuana processors and other marijuana producers. A marijuana processors’ license allows the processor to process, package, and label useable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers.

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