By Ted Kelleher
Maine’s adult use marijuana program rule contains extensive packaging and labeling requirements for marijuana and marijuana products. All retail products must meet these requirements.
Many of the requirements are common sense, such as the requirement that packaging be fully enclosable, re-sealable and tamper evident. Similarly, labeling requirements contain many obvious requirements, such as the need to include the identity of the cultivator or manufacturer, the potency level of the product, ingredients used, the universal THC symbol, and certain warnings.
You must review these requirements carefully, however, and focus on the particular prohibitions contained in the regulations. For instance, you cannot use the word “candy” or “candies” on a product label. You cannot make any claims about health or physical benefits. And all packaging must steer clear of any trademark violations. This means that edible products cannot imitate or “riff” on established food brands.
Currently, medical marijuana products are subject to their own set of packaging and labeling requirements – many caregivers and medical products manufacturers will need to be aware that packaging materials that comply with the medical marijuana regulations cannot just be re-purposed as adult use packaging. Hemp and hemp-derived CBD products are also subject to a different set of rules.
Ted Kelleher is a business, transactional, and real estate lawyer with broad experience representing a diverse variety of businesses. Over the close to twenty five years he has been practicing at Drummond Woodsum, he has been a trusted advisor to companies both large and small, ranging from start-ups to large, long established, national businesses. He has counseled clients on business sales and acquisitions, commercial loans, equity financings, real estate transactions, intellectual property issues and many other transactional and contract matters. Ted is widely recognized as one of the preeminent business and regulatory lawyers for marijuana related businesses in New England.