§703. Other health and safety requirements and restrictions; rules
(CONFLICT)
1.
Requirements and restrictions for edible cannabis products.
In addition to all other applicable provisions of this subchapter, edible cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter:
A.
[PL 2023, c. 679, Pt. B, §126 (RP).]
B.
Must be manufactured in a manner that results in the cannabinoid content within the product being homogeneous throughout the product or throughout each element of the product that has a cannabinoid content;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
C.
Must be manufactured in a manner that results in the amount of cannabis concentrate within the product being homogeneous throughout the product or throughout each element of the product that contains cannabis concentrate;
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
D.
(CONFLICT: Text as repealed and replaced by PL 2023, c. 641, §1) Unless determined impracticable by the department by rule, must be stamped or embossed with a universal symbol on each serving of the edible cannabis product or each serving must be individually wrapped or blister packaged with a universal symbol clearly included on the wrapping or packaging. In the event the department determines by rule that stamping, embossing, individual wrapping or blister packaging for a particular type of edible cannabis product is impracticable, each serving of the product must be packaged together and the universal symbol affixed to the packaging. For purposes of this chapter, edible cannabis products that are determined impracticable to stamp, emboss, individually wrap or blister package include but are not limited to:
(1)
Potato or corn chips;
(2)
Popcorn;
(3)
Pretzels;
(4)
Loose granola; and
(5)
Gummies;
[PL 2023, c. 641, §1 (RPR).]
D.
(CONFLICT: Text as repealed and replaced by PL 2023, c. 679, Pt. B, §127) Unless determined impracticable by the office by rule, must be stamped or embossed with a universal symbol on each serving of the edible cannabis product or each serving must be individually wrapped or blister packaged with a universal symbol clearly included on the wrapping or packaging. In the event the office determines by rule that stamping, embossing, individual wrapping or blister packaging for a particular type of edible cannabis product is impracticable, each serving of the product must be packaged together with the universal symbol affixed to the packaging. For purposes of this chapter, edible cannabis products that are determined to be impracticable to stamp, emboss, individually wrap or blister package include but are not limited to:
(1)
Potato or corn chips;
(2)
Popcorn;
(3)
Pretzels;
(4)
Loose granola; and
(5)
Gummies;
[PL 2023, c. 679, Pt. B, §127 (RPR).]
E.
May not be manufactured in the distinct shape of a human, animal or fruit;
[PL 2017, c. 409, Pt. A, §6 (NEW).]
F.
May not contain more than 10 milligrams of THC per serving of the product and may not contain more than 200 milligrams of THC per package of the product, with an allowable variance rate of 10%, except that the allowable variance may not be less than 0.6 milligrams or greater than 5 milligrams. In the calculation of the amount of THC allowed under this paragraph, the allowable variance rate must be in addition to the allowable variance rate applicable to a testing facility pursuant to section 602, subsection 3;
[PL 2023, c. 396, §19 (AMD).]
F-1.
May, except as provided in paragraph F, have the amount or potency of cannabinoids calculated using an allowable variance rate of 10%, except that the allowable variance may not be less than 0.6 milligrams or greater than 5 milligrams. In the calculation of the amount or potency of cannabinoids allowed under this paragraph, the allowable variance rate may be in addition to the allowable variance rate applicable to a testing facility pursuant to section 602, subsection 3;
[PL 2021, c. 558, §5 (NEW).]
G.
[PL 2023, c. 679, Pt. B, §128 (RP).]
G-1.
May not be adulterated or misbranded as described in Title 22, sections 2156 and 2157, respectively, or contain additives specifically formulated to increase the addictiveness of the edible cannabis product; and
[PL 2023, c. 679, Pt. B, §129 (NEW).]
H.
May not involve the addition of cannabis to a trademarked food or drink product, except when the trademarked product is used as a component of or ingredient in the edible cannabis product and the edible cannabis product is not advertised or described for sale as containing the trademarked product.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2023, c. 641, §1 (AMD); PL 2023, c. 679, Pt. B, §§126-129 (AMD).]
2.
Health and safety rules.
The office shall adopt labeling, packaging and other necessary health and safety rules for adult use cannabis and adult use cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter. Rules adopted pursuant to this subsection must establish mandatory health and safety standards applicable to the cultivation of adult use cannabis, the manufacture of adult use cannabis products and the labeling and packaging of adult use cannabis and adult use cannabis products sold by a licensee to a consumer. Such rules must address, but are not limited to:
A.
Requirements for the storage, warehousing and transportation of adult use cannabis and adult use cannabis products by licensees;
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B.
Sanitary standards for cannabis establishments, including, but not limited to, sanitary standards for the manufacture of adult use cannabis and adult use cannabis products; and
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
C.
Limitations on the display of adult use cannabis and adult use cannabis products at cannabis stores.
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2023, c. 679, Pt. B, §130 (AMD).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2019, c. 491, §5 (AMD). PL 2021, c. 558, §§4, 5 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 396, §19 (AMD). PL 2023, c. 641, §1 (AMD). PL 2023, c. 679, Pt. B, §§126-130 (AMD).