Last week, the MED issued Industry Bulletin 17-07 regarding some important rule changes taking effect October 1. We wrote about some of these upcoming changes recently, and our original predictions about how these new rules will be enforced was overly conservative, so this is good news for most folks!
Let’s start with the new potency labeling rules. As we discussed in our previous post on this topic, there are new rules that dictate how potency data must be displayed. The actual guidance on how the label must look hasn’t changed; however, there have been clarifications to whether or not old product remains compliant. Fortunately, the MED has determined that product transferred prior to October 1 that was in compliance with rules at the time of transfer “…may reflect potency labeling pursuant to the pre October 1, 2017…” In other words, you may continue to sell pre-October 1 product without issue!
However, the MED provided some rather puzzling guidance regarding potency labeling requirements for medical concentrates and infused products. Our team was so puzzled that we actually waited an entire week to write this blog post in the hopes that the MED might issue further clarification. Let’s break this down:
“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.”
Complia Interpretation: Medical concentrate and infused product potency testing is not required (yet).
“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.”
Complia Interpretation: In the absence of proficiency testing, medical concentrate potency data may not be accurate and as such, should not be included on the label.
“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.”
Interpretation: But, if you are going to put potency labeling on medical concentrate, make sure it complies with these new rules (about highlighting/font size).
Clearly, this isn’t the most straightforward language, so we are hesitant to provide specific guidance on this topic. As your business determines the right path forward, we urge you to consider broader risk management concerns. Suppose you decide to take potency off of your label and a customer overindulges – is that your fault now? This is a sensitive subject worthy of some discussion!
Beyond labeling regulations, the MED also provided a reminder about edible shapes in the bulletin. Specifically, edibles shaped like animals, humans, or fruit are prohibited effective October 1. Please note that beginning October 1, dispensaries cannot sell edibles that are not in compliance with this rule so make sure you get rid of this inventory ASAP!
We wish our readers the best of luck with these upcoming changes. Please don’t hesitate to reach out if we can help answer any questions!
Yours in Compliance,