Pseudo-Underage Assessment of Compliance with ID Regulations at Retail Marijuana Outlets in Colorado

Introduction: Four states, Alaska, Colorado, Oregon, and Washington, are creating a regulated industry for the retail sales of cannabis products. In all four state, individuals must be 21 or older to purchase marijuana for recreational use in this market. This study assessed refusal rates of sales to underage-appearing individuals without valid identification (ID) at retail outlets in Colorado as part of a Phase I Small Business Innovation Research (SBIR) grant.

Methods: State-licensed retail marijuana outlets (n=20) in Colorado were included in the sample. Pseudo-underage assessment teams of a buyer and an observer visited each retail outlet once between 11 am and 5 pm on four weekdays in August 2015. The observer entered first, performed an unobtrusive environmental scan, and recorded the outcome of the purchase attempt. The buyer attempted to enter the outlet and purchase a cannabis product. If asked for an ID, they did not present one. Once inside, if the clerk offered to sell cannabis, the buyer declined saying they had insufficient cash and departed.

Results: The retail outlets were located in rural (n=7), suburban (n=8), and urban (n=5) areas and most sold both retail and medical marijuana (75%). The mean number of staff persons present was 3.6 (range=1 to 8). All outlets (100%) asked the buyer to show an ID and only one outlet was willing to sell marijuana to the buyer (95% refusal rate). All outlets (100%) had posted signs stating an ID was required for entry; approximately half had signs that only individuals 21 or older could enter (55%) and how to properly use marijuana edibles (50%). No outlets had signs on prohibition of consumption on the premises and of sales to intoxicated customers.

Conclusions: Compliance with laws restricting marijuana sales to individuals under 21 without valid ID was extremely high and possibly higher than compliance with restrictions on alcohol sales. The large financial investments to enter the retail market, threat of federal intervention or unfavorable media coverage for non-compliance, or cooperation between state regulators and the industry might be motivating high compliance. Compliance rates might be lower if the pseudo-underage protocol used minors who showed their own IDs or employed fake ideas. The retail market at present may not be a direct source of marijuana for underage individuals but future research should investigate indirect sales such as third-party sales as well as monitor for changes as the retail market for cannabis products matures.