Earlier this month the Oregon Health Authority (OHA), released a statement addressing the compliance deadlines for all registered medical dispensaries, processors, and growers, patients or caregivers, who transfer marijuana and marijuana products intended for ultimate sale to a consumer. Oregon Medical Marijuana Program (OMMP) has set October 1, 2016, as a deadline for transferring, labeling, setting concentration limits, packaging and testing of marijuana and marijuana products
1. Registered Processing Sites
Pursuant to the rules, dispensaries may only accept transfers of cannabinoid products, concentrates and extracts from a registered processing site. If you are a processor, it means you must be approval from OMMP to operate as a registered processing site. Without approval, a processor may not transfer products, concentrates and extracts on and after October 1, 2016. All approved processors will be kept on the OMMP processor web page. Dispensaries may continue to sell already stocked cannabinoid products, concentrates and extracts that were transferred from unregistered processors to the dispensary before the deadline.
2. Testing Requirements and Food Safety Licenses
On and after October 1, 2016, any laboratory that tests marijuana items must be accredited by the Oregon Environmental Laboratory Accreditation Program (ORELAP). Dispensaries may continue to sell marijuana items that were not sampled and tested by an accredited and licensed laboratory until January 1, 2017 if: (1) Items are transferred to the dispensary before October 1, 2016; (2) The items comply with the concentration limits, labeling and packaging rules; and (3) The items are labeled in 12 point font, with bold, capital letters that reads “DOES NOT MEET TESTING REQUIREMENTS.”
In addition, starting October 1, 2016, all dispensaries that sell edibles must obtain a food safety license from the Oregon Department of Agriculture (ODA). This requires every edible item the dispensary sells to be made in an ODA approved kitchen.
3. Concentration, Labeling and Packaging Requirements
Starting now, medical processors should be transitioning to bring their products into compliance with the concentration and serving size limits. The rules provide a table that shows the maximum concentration or amount of THC per serving/container. Dispensaries must also follow the table guidelines to make sure that medical marijuana items sold from a dispensary to patient and caregiver meet the specified concentration limits.
Dispensaries or processors that currently have in-stock marijuana items that do not meet the concentration and serving size limits, or labeling and packaging requirements must sell those products prior to October 1st. Any products that remain in stock on or after October 1st that do not meet the concentration and serving size limits will be returned to the processor or disposed. For more information on concentration limits, labeling, and packaging rules of Division 7, please read our previous post.
These rules outlined above are changes solely for the medical marijuana industry. If you have questions about medical or recreational marijuana compliance, we are here to help.