K&H Blog

Packaging and Labeling of Edibles

Advisory, Law

Based on the Emergency Administrative Regulation

The Department of Taxation has sent out guidelines for packaging and labeling of edible products.  These regulations are enforceable on July 1st so all edibles must adhere to the following:

PACKAGING, LABELING, AND APPEARANCE

They must be labeled clearly and unambiguously. This means it needs to be labeled “THIS IS A MARIJUANA PRODUCT” in bold type or similar alternative language that clearly identifies that the product contains marijuana.

They are not presented in packaging that is attractive to children. No mascots, cartoons characters, action figures, ballon or toy unless that is part of the production company’s logo.

They cannot be in packaged or labeled in a manner modeled off of products primarily marketed to children.

They must be labeled in a manner that indicates the number of servings of THC in the product.  It must be measured in servings of 10 mg maximum per serving, and includes a statement that the product contains marijuana and that the potency was tested with an allowable variance of plus or minus 15%.

A marijuana product sold as a food product must be sold in a single package that contains no more than 100mg of THC. It also needs to include a statement that the product contains marijuana and that the potency was tested with an allowable variance of plus or minus 15%.

A marijuana production facility shall not produce marijuana products in any form that:

  • Is or appears to be a lollipop or ice cream
  • Bears the likeness or characteristics of a real or fictional person, animal, or fruit; this includes without limitation: a caricature , cartoon, or artistic rendering
  • Is modeled after a brand of products primarily consumed by or marketed to children.
  • Or is made by applying concentrated marijuana to commercially available candy or snack food item other than dried fruit, nuts, or granola.

A marijuana manufacturing facility shall:

  • Seal any marijuana product that consists of cookies or brownies in a bag or other non-transparent container
  • Included labeling on any product intended for human consumption by oral ingestion with:
  •     The words “Keep out of the reach of children”
  •     A list of all ingredients used in the product
  •     A list of all allergens in the product
  •     The total weight of marijuana contained in the product or an equivalent measure of THC        concentration.

NOTICES TO CONSUMERS VIA RETAILERS

Marijuana retailers shall include a written notification with each sale of marijuana or marijuana products which advises the purchaser:

  • To keep marijuana out of the hands of children
  • The marijuana and marijuana products can cause severe illness in children
  • That allowing children to ingest marijuana or marijuana products, or storing marijuana or marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
  • THAT THE INTOXICATING EFFECTS OF MARIJUANA PRODUCTS MAY BE DELAYED BY 2 HOURS OR MORE AND USERS OF MARIJUANA PRODUCTS SHOULD INITIALLY INGEST A SMALL AMOUNT OF THE PRODUCT CONTAINING NO MORE THAN 10mg OF THC, THEN WAIT AT LEAST 2 HOURS BEFORE INGESTING ANY ADDITIONAL AMOUNT OF THE PRODUCT, capitalized and in bold print.
  • That pregnant women should consult with their physician before ingesting marijuana or marijuana products
  • That ingesting marijuana or marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
  • That marijuana or marijuana products can impair concentration, coordination, and judgement.  A person should not operate a motor vehicle while under the influence of marijuana or marijuana products;
  • That ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence.

ADVERTISING

A marijuana establishment shall not engage in advertising which contains any statement or illustration that:

  • is false or misleading
  • Promotes overconsumption of marijuana or marijuana products;
  • depicts the actual consumption of marijuana or marijuana products; or
  • depicts a child or any other person under the age of 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including without limitation, toys , characters or cartoons, or contains any depiction which is designed in any manner to be appealing to or encourage consumption of marijuana products by a person who is less than 21 years of age.

A marijuana establishment shall not advertise in any publication or on radio, television, or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.

A marijuana establishment shall not place an advertisement:

  • Within 1,000 feet of a public or private school, playground, public park, or library, but may maintain the advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the advertisement.
  • On or inside of a motor vehicle used for public transportation or any shelter for public transportation
  • Or at a sports or entertainment event to which persons who are less than 21 years of age are allowed entry

A marijuana establishment shall not advertise or offer any marijuana or marijuana product as “free” or “donated” without a purchase.

A marijuana establishment shall ensure that all advertising by the marijuana establishment contains such warnings as may be prescribed by the Department, which must include, without limitation, the following words:

  • “Keep out of the reach of children”; and
  • “For use only by adults 21 years of age and older.”

 

 

And there you have it, the new regulations for packaging, labeling, appearance and advertising of marijuana products in Nevada starting on July 1st.

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