October 1, 2016 Compliance Deadline Approaching for Packaging, Labeling, Early Retail Sales and Food Safety

8/5/2016 3:57:08 AM +00:00

Labeling

Starting October 1, 2016, all cannabinoid products, concentrates and extracts must be compliant with labeling rules found in OAR 333-007-0010 to 333-007-0100, see also 333-0081200(8) and 333-008-1740(10). 

For Dispensaries:  Any marijuana items in a dispensary that do not meet the new division 7 labeling requirements on October 1st must be returned to whoever transferred them or the dispensary must dispose of the products. The dispensary must document any returns or disposal of products.

Packaging

Starting October 1, 2016, all marijuana items, except immature plants and seeds, must be packaged per OLCC packaging rules found in OAR 845-025-7000 to 845-025-7060.  Also see OAR 333-008-1200(8) and 333-008-1740(10).  

What does this mean?  

A dispensary or processor who packages marijuana items for ultimate sale to a consumer, patient, or caregiver must transfer all marijuana items in OLCC approved child-resistant packaging starting October 1, 2016. This includes flower and all other marijuana products but excludes immature plants and seeds. A dispensary may use child-resistant exit packaging to comply with the rules. It is a business decision between the processor and the dispensary regarding who should provide the child-resistant packaging.   

A guide is available on the OLCC website that explains the packaging rules in more detail and reviews the pre-approval process. The OLCC opened the packaging pre-approval process on August 2, 2016. Please visit the OLCC website for more information: http://www.oregon.gov/olcc/marijuana/Pages/PackagingLabelingPreApproval.aspx 

Early Retail Sales 

A dispensary may only participate in early retail sales until December 31, 2016. OAR 333-0081500(5)(6) 

What does this mean?  

Starting January 1, 2017, an OHA registered medical marijuana dispensary can only sell marijuana items to OMMP patients and caregivers.  Sales made to anyone other than registered patients and caregivers will result in enforcement action against the dispensary.  

After December 31, 2017, if a dispensary wishes to continue selling marijuana items to adults 21 years of age and older and also to medical marijuana patients and caregivers at the same location, they must be licensed by OLCC. Please visit the OLCC website for information. www.marijuana.oregon.gov   

Dispensaries and Food Safety

On and after October 1, 2016, all dispensaries that sell edibles must obtain a food safety license from the Oregon Department of Agriculture (ODA). OAR 333-008-1200(9)

What does this mean? 

In order for a dispensary to apply with ODA, every edible item the dispensary sells must have been made in an ODA approved kitchen. For more information, please contact ODA at 503986-4565 or visit the ODA cannabis website: https://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx   

Violations and Enforcement

Any registered dispensary, processor, grower, patient or caregiver that is found to be violating any of the rules may be subject to civil penalties and/or have their registration suspended or revoked. OAR 333-008-2180 through 333-008-2200.  

All rules related to medical marijuana may be found on the OMMP’s rule page at:  www.healthoregon.org/ommprules

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