New Guidance on Labeling Adult Use Marijuana Products

September 14th, 2020, Adult-use, Cannabis Law, Regulatory, Retail, State

Maine’s Office of Marijuana Policy (“OMP”) issued some new guidance this week on how adult use marijuana establishment licensees will be able to label their products to reflect mandatory testing results. The take-away is that they can simply include a statement that says “Passed Mandatory Testing” on the marketing layer (as long as they meet all other requirements), rather than including details from the testing facility’s certificate of analysis.

While licensed cultivation facilities will be authorized to package and label marijuana flower and trim (including pre-rolls containing flower and trim), only licensed products manufacturing facilities will have authorization to package and label value-added marijuana products like vape cartridges, edibles, topicals, and other marijuana products. All marijuana and marijuana products intended for retail sale must be packaged and labeled in accordance with the adult use marijuana program rule before being transferred to a licensed marijuana store. 

Here is the full statement from OMP regarding testing results on the label:

Section 11 of the Department of Administrative and Financial Services’ Adult Use Marijuana Program Rule (18-691 C.M.R. ch. 1) requires licensees to include information for consumers on the marketing layer of any retail sale package containing marijuana or marijuana products.

The Office of Marijuana Policy has received inquiries regarding the information necessary to satisfy the requirement of Section 11.1.2(F)(3) which reads: “The label must include…Mandatory testing results from the licensed testing facility that tested the sample of the batch from which the marijuana or marijuana product was taken…”

Licensees may satisfy this particular labeling requirement with the simple statement that the product “Passed Mandatory Testing”. The inclusion of “Passed Mandatory Testing” does not excuse a licensee from compliance with any other packaging and labeling requirement, including requirements regarding the disclosure of the cannabinoid content or potency of any cannabinoids in the marijuana or marijuana product.

If you have questions about Maine’s packaging and labeling requirements for medical or adult use marijuana, please reach out to a member of our Licensing and Regulatory Compliance division.