The use of cannabis has been around for thousands of years, dating back to ancient times. While ancient cultures may not have grown or consumed cannabis the way it is today, they did use it for healing and religious ceremonies. For present-day Americans who live in Oklahoma, the ability to obtain and consume marijuana has become more accessible over the last few years.
In a mere eighteen months after voters approved medical marijuana in the state of Oklahoma, back in 2016, cannabis dispensaries began to open all over the state. Oklahoma now leads the nation in dispensaries per-capita amongst medical marijuana states with 56 per 100,000 residents. With more dispensaries operating in the state, retail sales for 2019 topped at $345 million and the state tax revenue at $55 million. Part of the reason Oklahoma has been so successful, while remaining solely a medical marijuana consumption state, is due to the appealing brand names. This includes brand names for flowers, edibles, vape products, stores, and the number of advertisements throughout the state. With the legalization of medicinal marijuana, the Oklahoma Medical Marijuana Authority (OMMA) has placed regulations on the way the product is handled and sold.
There are a few prohibitions for commercial distribution and returns. Medical marijuana and marijuana products that do not meet packaging and labeling requirements per Oklahoma Medical Marijuana and Patient Protection Act 63 shall not be sold, distributed, or transferred. Dispensaries are not to accept any medical marijuana products that do not meet Oklahoma Medical Marijuana and Patient Protect Act 63. The commercial licensee who sold or transferred the nonconforming products shall accept refused order. If a commercial licensee cannot accept refused order, the product must be disposed of per Oklahoma Medical Marijuana Waste Management Act, 63. Proper documentation is required for any returns, nonacceptance, or disposal of the product. Documentation should include the following:
1. License number, name, contact info, address of licensee who sold or transferred nonconforming medical marijuana products to the dispensary
2. A complete inventory of medical marijuana products to be returned or disposed of including batch number
3. Reason for nonacceptance, return or disposal
4. Date of nonacceptance, return or disposal
GENERAL REQUIREMENTS
General requirements for labels and packaging shall apply to all medical marijuana and medical marijuana products.
1. Labels, packaging, and containers shall not be attractive to minors – shall not contain content that reasonably appears to target children, minimize appeal to children, and shall only depict business name, the logo of producer, and image of the product.
a. Toys, cartoon characters or similar images cannot be used as they target children
2. Must contain a label that reads: “Keep out of reach of children”.
3. All medical marijuana and marijuana products must be in child-resistant containers at the point of sale or when transferring to the patient.
4. Labels must contain a warning that states: “Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects.”
5. Packages and labels shall not include false or misleading statements.
6. Medical marijuana shall not be packaged or labeled to confuse patients on whether the product is trademarked or not.
7. No medical marijuana or medical marijuana products shall be packaged or labeled in a manner that violates federal trademark law or regulation.
8. Packages and labels shall not make any claims or statements that medical marijuana or medical marijuana products provide health or physical benefits to patients.
LABEL SPECIFIC GUIDELINES
Label specific guidelines are important to follow to ensure that product won’t be refused or have to be destroyed due to uncompliant requirements. All medical marijuana product labels must include the following information at a minimum:
1. Oklahoma Uniform Symbol in the manner and form prescribed by the Department
2. THC potency
3. Terpenoid potency
4. Statement: “This product has been tested for contaminants”
5. Labels for edible medical marijuana products must also meet requirements set in OAC 310: 681-5-8.1.
The state of Oklahoma outlines prohibited products and acts such as (a) no commercial establishment shall manufacture, process, or make consumption available medical marijuana products intended to be attractive to children or minors. (b) Licensed dispensaries shall not offer for retail sale marijuana seedlings or mature plants.
The advertisement for medical marijuana or medical marijuana products has regulations as well to protect the public.
1. Commercial licensees shall not engage in, circulate, or cause dissemination of advertising that is prohibited under Oklahoma law.
2. Advertising for medical marijuana and medical marijuana products shall not contain statements, illustrations, or other material that:
a. Is deceptive, false, or misleading.
b. Promotes overconsumption.
c. Represents the use of marijuana has curative or therapeutic effects.
d. Depicts a child or other person under legal age consuming marijuana.
e. Depicts objects such as toys, cartoons, cartoon characters, or similar images, suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under the legal age to consume marijuana.
f. Has any manner or design that would be especially appealing to children or other persons under eighteen (18) years of age.
*THC Label Solutions provides this document to serve as a guide and not as legal advice. For more information visit the Oklahoma State Department of Health – Medical Marijuana Control Program at https://omma.ok.gov/sites/g/files/gmc736/f/final_november_emergency_mm_rules-website_002.pdf