By: Jennifer MacDonald, General Manager, email
In anticipation of Health Canada’s new regime for marijuana legislation, Dell Tech is reviewing the successful framework implemented in Colorado to legislate and regulate recreational use of marijuana. With 30 years of experience registering products and reviewing consumer labels in Canada, and a close working relationship with Health Canada, Dell Tech is in a unique position to service the demand for marijuana product registration in 2017. In a series of blog posts, we will work to bring our clients up to date with advances in marijuana legislation in Canada and abroad.
In September, 2013, the Colorado Department of Revenue, Marijuana Enforcement Division, released a 114 page document outlining rules and regulations for the sale of marijuana products in the state. The R1000 series relating to labeling, packaging and product safety itemizes the labeling requirements for marijuana products, concentrates and edibles. Some of the packaging requirements are highlighted below.
- Packaging – marijuana products, concentrates and edibles must be in child resistant packaging that is ‘significantly difficult’ for children under 5 to open. Packaging must be opaque and closable if the product is intended for more than one use.
- Labeling – both marijuana product manufactures and retail marijuana stores have specific lists of labeling requirements.
- General Label Requirements – In addition to font size and language rules, packaging may not be designed to appeal to children, may not contain health and benefit claims and must be unobstructed and conspicuous.
- Manufacturer/cultivation facility requirements – labels must contain site license information, batch numbers, net weight, identity statement and standard graphic, usage instructions, a list of non-organic pesticides and potency testing information. If no testing is performed, manufacturers are required to insert a caution statement claiming that the product has not been tested for potency or contaminants. Edibles must also have an ingredient list, refrigeration statement, serving size and expiration date.
- Retail marijuana store (in addition to the information on label from cultivation facility) – license number of the retail marijuana store, date of sale to customer, and a series of warning statements.
- Serving size – as of 2015, edibles must be individually wrapped and marked in increments of 10 or fewer milligrams of THC. The state has recommended a dose of 10 mg per single serving and the marijuana enforcement division is providing incentives for companies to produce low dose products, such as less stringent testing requirements. Many larger producers are steering clear of the 100 mg activated THC upper limit which could put the manufacturer at risk of being required to destroy their entire batch.
- Colorado Department of Revenue, Marijuana Enforcement Division, 1 CCR 212-2, Permanent Rules Related to the Colorado Retail Marijuana Code, September 9, 2013. Retrieved from: https://www.colorado.gov/pacific/sites/default/files/Retail%20Marijuana%20Rules,%20Adopted%20090913,%20Effective%20101513%5B1%5D_0.pdf
- Drug Policy Aliance (July 2014) Labeling Requirements for Marijuana Products in Colorado, Retrieved from: http://www.drugpolicy.org/resource/labeling-requirements-marijuana-products-colorado
- Baca R., (January 2015). New rules in effect for Colorado marijuana edibles, The Cannibist, Retrieved from: http://www.thecannabist.co/2015/01/29/colorado-marijuana-edibles-fire-sale-regulations-feb-1/28775/