While Washington D.C is not its own state, they have their own unique history and set of regulations for the cannabis industry. Both medical and recreational use is legal in the district, however it is barred from being sold commercially. Medicinal use was voter-approved back in 1998 by Initiative 59. Sixteen years later in 2014, voters again approved the use of recreational cannabis products in Initiative 71 which took effect in 2015. While the private consumption of recreational cannabis is legalized in Washington D.C., the sale, purchase, and public consumption remains illegal. Medical cannabis on the other hand may be distributed or dispensed to qualified patients or caregivers, granted all regulations and guidelines for the product are meet, including how it is packaged and labeled.
Medical marijuana labels must be legible, if any part is illegible, the product or label may not be distributed to patients or their caregivers. Labels must include the following information:
- Name of cultivation center and manufacture date
- Name of dispensary
- Quantity of medical marijuana contained
- Cannabinoid profiles including THC levels
- Ingredients besides medical marijuana
- Name of physician
- Dispense date – when it was transferred to patient or caregiver
- Patient’s name and registration number
- Statement saying product is for medical use only, not for resale or transfer
- “Contains Marijuana. Keep our of reach of children.”
When listing the active ingredients, the order must begin with the most abundant ingredient down to the least. Additionally, any chemical additives must be listed as well, such as non-organic or organic pesticides, herbicides, and fertilizers used during cultivation and processing of the marijuana. Warning statements that are to be listed include “There may be health risks associated with ingesting or use of this product.” No misleading statements or designs may be used such as seals, flags, crests or other used by district government. The use of the word ‘candy’ or candies’ on product, packaging or labeling is forbidden. Content or images that target persons under the age of twenty-one such as cartoons or similar are not to be used on product, packaging, or labels of cannabis products.
Ingestible items must identify any potential food allergies such as milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Infused products are prohibited from requiring cooking or baking prior to consumption, they shall not be appealing to children and cannot resemble gummies, lollipops, cotton candy or brightly colored products. Infused cannabis cannot contain dimethyl sulfoxide (DMSO).
The packaging container for cannabis products must be a sealable container that shows obvious damage if opened. The design of the packaging must be difficult for children under the age of five to open, but not for adults to use properly, and may not be attractive to persons under the age of twenty-one.
Since recreational use cannabis is forbidden to be sold or purchased in Washington D.C., adults twenty-one and older may only possess and transport up to two ounces of marijuana at a time for personal consumption. Private cultivation of up to six plants with no more than three being mature, and all the cannabis grown may be possessed at the same location. The passage of I-71 does not legalize the sale of marijuana, it simply allows for recreational use of home-grown product.
*For a more detailed explanation of the rules and regulations regarding packaging and labeling, download our packaging and labeling guide available below.
If you have more questions regarding the medicinal packaging and labeling regulations, visit DC Health online at https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/MEDICAL%20MARIJUANA.2018.updates.pdf. You can also send an email to doh@dc.gov or call (202) 442-5955.
If you have more questions adult-use (recreational) packaging and labeling, visit MPP online at https://www.mpp.org/states/district-of-columbia/summary-of-d-c-s-initiative-71/. You can also send an email to doh@dc.gov or call (202) 442-5955.
*THC Label Solutions provides this document to serve as a guide and not as legal advice.