New Edible and Labeling Requirements Effective October 1, 2017
Effective October 1, 2017, medical and retail marijuana businesses are subject to new requirements related to edibles as well as general labeling requirements. Fortunately, the changes to the medical and retail rules are identical in substance and the relevant rules are cited below. The following is a summary of the changes, which are in addition to and not in place of, the already-existing rules.
What Licensees Are Prohibited from Doing Effective October 1, 2017
Manufacturers
Effective October 1, infused products manufacturers are prohibited from producing and selling Edible Retail or Medical Marijuana Products that are in the following shapes: (i) The distinct shape of a human, animal, or fruit; or (ii) A shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings. However, these prohibitions do not apply to the logo of a licensed Medical Marijuana Business or Retail Marijuana Establishment. Further, Edible Retail Marijuana Products that are geometric shapes and simply fruit-flavored are not considered fruit and are permissible, and Edible Retail Marijuana Products that are manufactured in the shape of a marijuana leaf are permissible. See Rules M 604(C.5)(7) and R 604(C.5)(12).
Centers and Stores
In addition, Medical Marijuana Centers and Retail Marijuana Stores are prohibited from selling Edible Retail or Medical Marijuana Products that are in the following shapes: (i) The distinct shape of a human, animal, or fruit; or (ii) A shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings. Similarly, these prohibitions do not apply to the logo of a licensed Medical Marijuana Business or Retail Marijuana Establishment. Further, Edible Retail Marijuana Products that are geometric shapes and simply fruit-flavored are not considered fruit and are permissible, and Edible Retail Marijuana Products that are manufactured in the shape of a marijuana leaf are permissible. See Rules M 403(G.3) and R 402(P).
What Licensees Must Do Effective October 1, 2017
The new requirements focus on labeling marijuana, products, and concentrates for potency in a consistent manner. The new requirements apply to both manufacturers and centers/stores. While the rules apply equally to medical and retail marijuana businesses, in the Marijuana Enforcement Division’s September 13, 2017 industry bulletin, they said, “Required Potency Testing and Labeling of Medical Marijuana: Regarding potency testing and labeling requirements in the Medical Code and rules promulgated pursuant to the Medical Code, note that Licensees are currently only subject to potency testing and labeling requirements for Medical Marijuana flower and trim. As proficiency testing for potency of Medical Marijuana Concentrate and Medical Marijuana‐Infused Product has not yet been established, these categories of inventory are not currently subject to potency testing and labeling requirements. As such, labels for Medical Marijuana Concentrate and Medical Marijuana‐Infused Product should not reflect potency or other testing statements that would otherwise result in inaccurate labeling. However, if a Medical Marijuana Concentrate or Medical Marijuana‐Infused Product reflects potency information or makes any claim with respect to its potency, relevant labeling requirements apply.” Industry bulletin found here: https://www.colorado.gov/pacific/sites/default/files/17-07_IB-October%201%202017%20Rules_FINAL.pdf. While an industry bulletin does not supersede a rule, a licensee can likely reasonably rely on the industry bulletin for guidance regarding how to comply with the relevant rules.
Manufacturers
The rules now impose several requirements related to labeling for potency. Effective October 1, manufacturers must now ensure that each Container holding a Medical or Retail Marijuana Product is labeled with the potency of at least the Medical or Retail Marijuana Product’s THC and CBD. The potency shall be expressed in milligrams for each cannabinoid.
The potency shall be labeled either:
- In a font size that is at least two font sizes larger than the surrounding label text and also not less than 10-point font, bold, and enclosed within an outlined shape such as a circle or square; OR
- Highlighted with a bright color such as yellow. See Rules M 1004.5(B)(1)(m) and R 1004(B)(1)(m). But see Marijuana Enforcement Division September 13, 2017 industry bulletin.
Centers and Stores
Products. Medical Marijuana Centers and Retail Marijuana Stores must also ensure marijuana products contain the potency statement that manufacturers are required to use and are prohibited from selling products that are not properly labeled. See Rules M 1006(B)(1)(g) and R 1006(B)(1)(f). But see Marijuana Enforcement Division September 13, 2017 industry bulletin.
Marijuana. In addition, Medical Marijuana Centers and Retail Marijuana Stores must ensure marijuana is properly labeled for potency. The prior potency-related label rule provisions related to centers/stores labeling marijuana are repealed effective October 1. Now, effective October 1, centers and stores must ensure that for each Harvest Batch of Medical or Retail Marijuana packaged within a Container, the potency of at least the Medical/Retail Marijuana’s THC and CBD is included on a label that is affixed to the Container. The potency shall be expressed as a range of percentages that extends from the lowest percentage to the highest percentage of concentration for each cannabinoid listed, from every test conducted on that strain of Medical/Retail Marijuana cultivated by the same Medical/Retail Marijuana Cultivation Facility within the last six months.
The potency shall be labeled either:
- In a font size that is at least two font sizes larger than the surrounding label text and also not less than 10-point font, bold, and enclosed within an outlined shape such as a circle or square; or
- Highlighted with a bright color such as yellow. See Rules M 1005(B)(2.1) and R 1005.5(B)(2.1).
Concentrates. Finally, Medical Marijuana Centers and Retail Marijuana Stores must ensure that concentrates are properly labeled for potency. The prior potency-related rule provisions related to centers/stores labeling concentrates are repealed effective October 1. Now, effective October 1, centers and stores must ensure that for each Production Batch of Medical/Retail Marijuana Concentrate packaged within a Container, the potency of at least the Medical/Retail Marijuana Concentrate’s THC and CBD is included on a label that is affixed to the Container. The potency shall be expressed as a range of percentages that extends from the lowest percentage to the highest percentage of concentration for each cannabinoid listed, from every test conducted on that strain of Medical/Retail Marijuana cultivated by the same Medical/Retail Marijuana Cultivation Facility within the last six months.
The potency shall be labeled either:
- In a font size that is at least two font sizes larger than the surrounding label text and also not less than 10-point font, bold, and enclosed within an outlined shape such as a circle or square; or
- Highlighted with a bright color such as yellow. See Rules M 1007(B)(2) and R 1007.5(B)(2). But see Marijuana Enforcement Division September 13, 2017 industry bulletin.