The WCIRB regularly receives questions on how to classify a wide range of industries and operations. Recently, perhaps as a result of the passage of the Adult Use of Marijuana Act in November 2016, we have noted an increase in questions regarding classifications that apply to operations in the cannabis or marijuana industry.
Cannabis or marijuana cultivation can occur indoors or outdoors, using conventional or hydroponic methods. Cannabis cultivation is assigned to Classification 0035, Florists – cultivating, as the cannabis buds are in fact flowers. Classification 0035, Florists – cultivating, was amended effective January 1, 2016 to specifically include the cultivation of marijuana. Classification 0035 also includes initial trimming to prepare the harvested buds for sale.
In some cases, growers send the product to trimming specialists for processing and packaging. If the buds are only trimmed but not packaged for individual sale, Classification 0035 is assignable. If the trimming specialist also packages the product for individual sale, Classification 4611, Drug, Medicine or Pharmaceutical Preparations Mfg., is assignable because it includes the production (compounding, blending or packaging) of drugs.
The production of extracts and concentrates, including but not limited to hashish, hash oil, tinctures and products for vaporizing is also assigned to Classification 4611.
The manufacture of cannabis-infused food products (“edibles”) that are not baked goods is classified as 6504, Food Products Mfg. or Processing. Examples include infused candies, infused butter for baking at home, infused coffee mixes and similar products.
The manufacture of cannabis-infused baked goods such as cookies or brownies is classified as 2003, Bakeries and Cracker Mfg.
The manufacture of cannabis-infused beverages is classified as 2163, Bottling – beverages.
Retail marijuana dispensaries are classified as 8017(1), Stores – retail. This is consistent with other retail pharmacies and drug stores. Retail outlets may also perform packaging of individual orders, final trimming, cigarette rolling and similar operations to prepare the product for retail sale. Many marijuana retailers sell a minor amount of marijuana plants or clones in addition to marijuana and cannabis-infused products. Classification 8017(1) also applies to marijuana delivery sales companies that may not operate a walk-in retail store.
View the complete classification phraseology and footnotes for each of these classifications using the Classification Search tool in the Learning Center of WCIRB.com.
If you have a classification question that you would like covered in a future Classification and Test Audit Insight e-newsletter, email us at [email protected].