STATE COMPLIANCE (N-Z)

NEVADA

Nevada’s cannabis labeling and packaging guidelines include the following:

NAC 453A.500 Packaging: Generally. (NRS 453A.370):

  • Any product containing marijuana must be packaged in child-resistant packaging in accordance with 16 C.F.R. § 1700 or the standards specified in subsection 2 or 3.
  • Except as otherwise provided in subsection 3, marijuana-infused products in solid or liquid form must be packaged in plastic which is 4 millimeters or more in thickness and must be heat-sealed without an easy-open tab, dimple, corner, or flap so that it is difficult for a child to open and as a tamperproof measure.
  • Marijuana-infused products in liquid form may be sealed using a metal crown cork-style bottle cap.
  • Any container or packaging containing usable marijuana, edible marijuana products, or marijuana-infused products must protect the contents from contamination and must not impart any toxic or deleterious substance to the usable marijuana or marijuana product.

Labeling requirements for marijuana and related products for sale to medical marijuana dispensary (NRS 453A.370):

  • A cultivation facility or facility for the production of edible marijuana products or marijuana-infused products shall label all marijuana, edible marijuana products, and marijuana-infused products before it sells the marijuana or marijuana products to a medical marijuana dispensary and shall securely affix to the package a label that includes, without limitation, in legible English:
    • (a) The name of the medical marijuana establishment and its medical marijuana establishment registration certificate number;
    • (b) The lot number;
    • (c) The date of harvest;
    • (d) The date of final testing;
    • (e) The date on which the product was packaged;
    • (f) The cannabinoid profile and potency levels and terpenoid profile as determined by the independent testing laboratory;
    • (g) If the product is perishable, the expiration date; and
    • (h) The quantity of marijuana being sold.

For more information, please refer to Chapter 453A – Medical Use of Marijuana.

NEW HAMPSHIRE

New Hampshire’s cannabis labeling and packaging guidelines require alternative treatment centers to provide a plan for safe and accurate packaging and labeling of cannabis, including the applicant’s plan for ensuring that all cannabis is free of contaminants.

For more information, please refer to New Hampshire House Bill 573.

NEW JERSEY

New Jersey’s cannabis labeling and packaging guidelines include the following:

  • (b) The ATC–plant cultivation shall place a legible, firmly affixed label containing the information specified in (c) below on each package of medical marijuana it dispenses to an ATC–dispensary and shall not dispense medical marijuana if the package does not bear the label.
  • (c) The label required pursuant to (b) above shall contain the following:
    • The name and address of the alternative treatment center–plant cultivation that produced the medical marijuana;
    • The quantity of the medical marijuana contained within the package;
    • The date that the ATC–plant cultivation packaged the content;
    • A sequential serial number, lot number, and bar code to identify lot associated with manufacturing and processing;
    • The cannabinoid profile of the medical marijuana contained within the package, including THC level not to exceed 10 percent;
    • Whether the medical marijuana is of the low, medium, or high strength strain;
    • A statement that the product is for medical use by a qualifying patient and not for resale; and
    • A list of any other ingredients besides medical marijuana contained within the package.
  • (d) Labeling shall be clear and truthful in all respects and shall not be false or misleading in any particular.
  • A label containing any statements about the product other than those specified in this chapter shall contain the following statement prominently displayed, and in boldface type: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

For more information, please refer to New Jersey Register Draft Regulations for the Medicinal Marijuana Program.

NEW MEXICO

New Mexico’s cannabis labeling and packaging guidelines include the following:

  • Packaging and labeling: a manufacturer applicant shall submit a description and sample of the opaque, child-resistant packaging of the concentrate or cannabis-derived product that the manufacturer shall utilize, including a label that shall contain:
    • (1) the name of the entity that produced the cannabis and the name of the manufacturer;
    • (2) a batch number or code;
    • (3) a production date or expiration date, including a “use by” or “freeze by” date for products capable of supporting the growth of infectious, toxigenic, or spoilage microorganisms;
    • (4) a description of the number of units of usable cannabis contained within the product;
    • (5) instructions for use;
    • (6) warnings for use;
    • (7) instructions for appropriate storage;
    • (8) approved laboratory analysis, including the results of strength and composition within ten percent (10%) of numbers shown on the package;
    • (9) the name of the strain, product facts, or a nutrition fact panel, and a statement that the product is for medical use by qualified patients, to be kept away from children, and not for resale; and
    • (10) the name of the department-approved testing facility or facilities used for ingredient testing, and the type(s) of testing conducted.

For more information, please refer to Title 7, Chapter 34, Part 4 – Licensing Requirements for Producers, Couriers, Manufacturers and Laboratories.

NEW YORK

New York’s cannabis labeling and packaging guidelines include the following:

  • (g) Approved medical marihuana products shall be limited to the following forms and routes of administration:(1) liquid or oil preparations for metered oromucosal or sublingual administration or administration per tube;(2) metered liquid or oil preparations for vaporization;(3) capsules for oral administration; or(4) any additional form and route of administration approved by the commissioner. Smoking is not an approved route of administration.

(5) approved medical marihuana products may not be incorporated into edible food products by the registered organization, unless approved by the commissioner.

(h) The registered organization shall package the final form of the approved medical marihuana product at the manufacturing site. The original seal shall not be broken except for quality testing at an approved laboratory, for adverse event investigations, by the department, or by the certified patient or designated caregiver.

(i) The registered organization shall package the approved medical marihuana product such that it is child-resistant, tamper-proof/tamper-evident, light-resistant, and in a resealable package that minimizes oxygen exposure.

(j) The registered organization shall identify each lot of approved medical marihuana product with a lot unique identifier.

(k) Each approved medical marihuana product shall be affixed with a product label. Medical marihuana product labels shall be approved by the department prior to use. Each product label shall be applied at the manufacturing facility, be easily readable, firmly affixed and include:

(1) the name, address and registration number of the registered organization;

(2) the medical marihuana product form and brand designation;

(3) the single dose THC and CBD content for the product set forth in milligrams (mg);

(4) the medical marihuana product lot unique identifier (lot number or bar code);

(5) the quantity included in the package;

(6) the date packaged;

(7) the date of expiration of the product;

(8) the proper storage conditions;

(9) language stating:

(i) “Medical marihuana products must be kept in the original container in which they were dispensed and removed from the original container only when ready for use by the certified patient”;

(ii) “Keep secured at all times”;

(iii) “May not be resold or transferred to another person”;

(iv) “This product might impair the ability to drive”;

(v) “KEEP THIS PRODUCT AWAY FROM CHILDREN (unless medical marihuana product is being given to the child under a practitioner’s care”); and
(vi) “This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying practitioner, and in the case of breastfeeding mothers, including the infant’s pediatrician.”

(l) For each lot of medical marihuana product produced, the registered organization shall submit a predetermined number of final medical marihuana products (e.g., sealed vials or capsules; with the number of samples submitted, based on statistical analysis, determined to be representative of the lot) to an independent laboratory/laboratories approved by the department. The laboratory verifying the cannabinoid content shall be approved for the analysis of medical marihuana product by the department in accordance with section five hundred two of the public health law and subpart 55-2 of this title. Such laboratory, or approved laboratories cumulatively, shall certify the medical marihuana product lot as passing all contaminant testing and verify that the content is consistent with the brand prior to the medical marihuana product being released from the manufacturer to any dispensing facility.

(1) Any lot not meeting the minimum standards or specifications for safety shall be rejected and destroyed by the registered organization in accordance with the registered organization’s approved operating plan.

(2) Any lot not meeting the minimum standards or specifications for brand consistency shall be rejected and destroyed by the registered organization in accordance with the registered organization’s approved operating plan.

(3) The registered organization shall keep and maintain records documenting submission of medical marihuana products to approved laboratories as required herein, and the results of the laboratory testing. The registered organization shall provide the department with such records upon request.

(m) The registered organization shall demonstrate the stability of each approved medical marihuana product produced (each brand in each form) by testing at an approved laboratory in accordance with section 1004.14 of this title:

(1) the stability and expiration date of the final distributed medical marijuana product shall be validated and shall be stable for a minimum of 60 days under the specified storage conditions (light, temperature and humidity) when opened;

(2) shelf-life of unopened medical marihuana products (e.g., packages or vials) shall be validated by ongoing stability testing according to a schedule determined by the department and an expiration date for unopened products shall be determined through the stability testing;

(3) specifications regarding storage conditions must address storage at the manufacturing facility once the package is sealed, during transport, at the dispensing facility, in the patient’s home and for samples retained for future testing.

(n) No synthetic marihuana additives shall be used in the production of any medical marihuana product.

For more information, please refer to the New York Medical Marijuana Program Regulations.

 

 

NORTH DAKOTA – July 13TH 2016

North Dakota currently has no cannabis labeling and packaging requirements.

For more information, please refer http://www.ndhealth.gov/publications/medical%20marijuana%20measure%20analysis.pdf?v=3

 

 OREGON

Oregon’s cannabis labeling and packaging guidelines fall under 333-008-1225 Packaging and include the following:

  • (1) For purposes of this rule:
    • (a) “Child-resistant safety packaging” means:
      • (A) Containers designed and constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly;
      • (B) Opaque so that the product cannot be seen from outside the packaging;
      • (C) Closable for any product intended for more than a single use or containing multiple servings; and
      • (D) Labeled in accordance with OAR 333-008-1220.
    • (b) “Container” means a sealed, hard, or soft-bodied receptacle in which a tetrahydrocannabinol infused product is placed prior to being transferred to a patient or caregiver.
    • c) “Packaged in a manner not attractive to minors” means the tetrahydrocannabinol-infused product is not in a container that is brightly colored, depicts cartoons or images other than the logo of the facility, unless the logo of the facility depicts cartoons, in which case only the name of the facility is permitted.
  • (2) A registered facility may not transfer any tetrahydrocannabinol-infused product that is meant to be swallowed or inhaled, unless the product is:
    • (a) In child-resistant safety packaging; and
    • (b) Packaged in a manner that is not attractive to minors.

Label Check list for REcreational Marijuana Program: 

http://www.oregon.gov/olcc/marijuana/Documents/Packaging_Labeling/ChecklistandGeneric.pdf

For more information, please refer to the Final Rules for the Medical Marijuana Dispensary Program.

RHODE ISLAND

Rhode Island’s cannabis labeling and packaging guidelines include the following:

  • (j) A description of the packaging of the useable marijuana that the compassion center shall be utilizing which shall, as a minimum, include:
    • (1) A label containing the name of the strain, batch, and quantity; and
    • (2) A statement that the product is for medical use and not for resale.

For more information, please refer to the Rules and Regulations Related to the Medical Marijuana Program.

 

VERMONT

Vermont’s cannabis labeling and packaging guidelines include the following:

  • A registered dispensary shall package all marijuana dispensed in an envelope or other container used and intended for sale.
  • A label shall be affixed on the packaging of all marijuana that is dispensed. The label shall identify the particular strain of marijuana and the weight of marijuana contained within the package in gram or ounce units. Marijuana strains shall reflect the properties of the plant.
  • Additionally, the label shall contain a statement to the effect that the State of Vermont does not attest to the medicinal value of cannabis, a statement that this product is not for resale, and clearly identify “marijuana” is contained within the packaging.
  • The dispensary shall verify the amount of all marijuana dispensed.
  • Documentation shall be maintained containing at a minimum the name and registry identification number of the registered dispensary cardholders verifying the amount of marijuana and any errors identified.

For more information, please refer to the Final Proposed Rules Regulating Cannabis for Symptom Relief.

WASHINGTON

Washington’s cannabis labeling and packaging guidelines include the following:

  • (10) Labels must comply with the version of NIST Handbook 130, Uniform Packaging and Labeling Regulation adopted in chapter 16-662
  • (11) All usable marijuana when sold at retail must include accompanying material that contains the following warnings that state:
    • (a) “Warning: This product has intoxicating effects and may be habit forming. Smoking is hazardous to your health”;
    • (b) “There may be health risks associated with consumption of this product”;
    • (c) “Should not be used by women that are pregnant or breast feeding”;
    • (d) “For use only by adults twenty-one and older. Keep out of reach of children”;
    • (e) “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug”;
    • (f) Statement that discloses all pesticides applied to the marijuana plants and growing medium during production and processing.
  • (12) All marijuana concentrates and marijuana-infused products sold at retail must include accompanying material that contains the following warnings that state:
    • (a) “There may be health risks associated with consumption of this product”;
    • (b) “This product is infused with marijuana or active compounds of marijuana”;
    • (c) “Should not be used by women that are pregnant or breast feeding”;
    • (d) “For use only by adults twenty-one and older. Keep out of reach of children”;
    • (e) “Products containing marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug”;
    • (f) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours”;
    • (g) Statement that discloses all pesticides applied to the marijuana plants and growing medium during production of the base marijuana used to create the extract added to the infused product; and
    • (h) Statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract.
  • (13) Labels affixed to the container or package containing usable marijuana sold at retail must include:
    • (a) The business or trade name and Washington state unified business identifier number of the licensees that produced, processed, and sold the usable marijuana. The marijuana retail licensee trade name and Washington state unified business identifier number may be in the form of a sticker placed on the label;
    • (b) Inventory ID number assigned by the liquor control board’s traceability system. This must be the same number that appears on the transport manifest;
    • (c) Concentration of THC (total THC and activated THC-A) and CBD;
    • (d) Net weight in ounces and grams or volume as appropriate;
    • (e) Warnings that state: “This product has intoxicating effects and may be habit forming”;
    • (f) Statement that “This product may be unlawful outside of Washington state”;
    • (g) Date of harvest; and
    • (h) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products.
  • (15) Labels affixed to the container or package containing marijuana-infused products sold at retail must include:
    • (a) The business or trade name and Washington state unified business identifier number of the licensees that produced, processed, and sold the marijuana. The marijuana retail licensee trade name and Washington state unified business identifier number may be in the form of a sticker placed on the label;
    • (b) Inventory ID number assigned by the liquor control board’s traceability system. This must be the same number that appears on the transport manifest;
    • (c) Date manufactured;
    • (d) Best by date;
    • (e) Products meant to be eaten or swallowed, recommended serving size and the number of servings contained within the unit, including total milligrams of active tetrahydrocannabinol (THC), or Delta 9;
    • (f) Net weight in ounces and grams, or volume as appropriate;
    • (g) List of all ingredients and major food allergens as defined in the Food Allergen Labeling and Consumer Protection Act of 2004;
    • (h) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours.”;
    • (i) If a marijuana extract was added to the product, disclosure of the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract;
    • (j) Warnings that state: “This product has intoxicating effects and may be habit forming”;
    • (k) Statement that “This product may be unlawful outside of Washington state”;
    • (l) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products.
  • (17) Labels affixed to the container or package containing marijuana concentrates sold at retail must include:
    • (a) The business or trade name and Washington state unified business identifier number of the licensees that produced, processed, and sold the marijuana concentrate. The marijuana retail licensee trade name and Washington state unified business identifier may be in the form of a sticker placed on the label;
    • (b) Inventory ID number assigned by the liquor control board traceability system. This must be the same number that appears on the transportation manifest;
    • (c) Date manufactured;
    • (d) Best by date;
    • (e) Net weight in ounces and grams, or volume as appropriate;
    • (f) If a marijuana extract was added to the product, disclosure of the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract;
    • (g) Concentration of THC (total Delta 9 and Delta 9 THC-A) and CBD;
    • (h) Warnings that state “This product has intoxicating effects and may be habit forming”;
    • (i) Statement that “This product may be unlawful outside Washington state”; and
    • (j) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products.

For more information, please refer to the Washington Administrative Code 314-55-105 for Packaging and Labeling Requirements.

Marijuana-infused product, label, and package approval process:
A marijuana processor licensee must obtain approval from the Liquor and Cannabis Board for all marijuana-infused products, labeling, and packaging prior to offering these items for sale to a marijuana retailer. The marijuana processor licensee must submit a photo of the product, labeling, and packaging to the liquor control board for approval. The photo(s) provided shall be of sufficient clarity to illustrate the requirements outlined below.

A marijuana processor producing a marijuana-infused solid or liquid product meant to be ingested orally in a processing facility as required in WAC 314-55-015(10) must pass a processing facility inspection prior to the request for approval of a marijuana-infused product.

  • The marijuana processor licensee must send an email requesting approval with the required information torules@lcb.wa.gov.

 

Washington DC

Section 5607, LABELING AND PACKAGING OF MEDICAL MARIJUANA, is amended as follows:

 Subsection 5607.1(a) is amended to read as follows:

 5607.1             No medical marijuana shall be dispensed or distributed to a qualifying patient or caregiver unless the container in which it is distributed bears a legible label, firmly affixed, stating:

             (a)      The name of the cultivation center where the medical marijuana was produced and the manufacture date;

Subsection 5607.1(i) is amended to read as follows:

 5607.1  (i)         A statement that the product is for medical use, not for resale or transfer to another person, containing the following language: “Contains Marijuana. Keep out of the reach of children.”

 

Subsection 5607.10 is redesignated as Subsection 5607.17.

 New Subsections 5607.10 - 5607.16 are added to read as follows:

 5607.10           A cultivation center or dispensary shall not use the word(s) “candy” or “candies” on the product, packaging, or labeling of any medical marijuana product.

5607.11           A cultivation center or dispensary shall not place any content, image, or labeling that specifically targets individuals under the age of twenty-one (21), including but not limited to, cartoon characters or similar images, on the product, packaging, or a container holding medical marijuana.

5607.12           A cultivation center that produces edible marijuana products or marijuana-infused products shall ensure that all edible marijuana products or marijuana-infused products offered for sale:

  •  Are labeled clearly and unambiguously as medical marijuana;
  •  Are not presented in packaging or with labeling that is appealing to children; and
  •  Have packaging designed or constructed to be significantly difficult for children under five (5) years of age to open, but not normally difficult for adults to use properly.

 5607.13           A cultivation center or dispensary shall not use or allow the use of any content, image, or labeling on a medical marijuana product that is offered for sale if the container does not precisely and clearly indicate the nature of the contents or that in any way may deceive a customer as to the nature, composition, quantity, age, or quality of the product.

 5607.14           Packaging of edible medical marijuana products or medical marijuana-infused products shall not bear any:

(a)   Resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage 

(b)       Statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other an edible medical marijuana product or medical marijuana-infused products; or
 
(c)        Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any state, county or municipality or any agency thereof.

5607.15           The Director may prohibit a cultivation center or dispensary from selling any medical marijuana product upon a finding by the Director that the product is deceptively labeled or branded in a manner which is misleading about its content or that contains injurious or adulterated ingredients.

5607.16           In addition to the other labeling requirements of this section, all edible marijuana products, and marijuana-infused products shall be labeled in accordance with 16 C.F.R. Part 1700 (2016), Poison prevention packaging; 21 C.F.R. Part 101 (2016), Food Labeling, as specified in Section 1102 of the District Food Code Regulations (Title 25-A DCMR).

 http://www.dcregs.dc.gov/Gateway/NoticeHome.aspx?NoticeID=6275723