935 Mass. Reg. 500.150

Current through Register 1519, April 12, 2024

Section 500.150 - Edibles

(1)Production of Edibles. Edibles shall be produced in compliance with the following:

(a) Any Edible that is made to resemble a typical food or Beverage product shall be packaged and labeled as required by M.G.L. c. 94G, § 4(a½)(xxiv) and (xxvi), and 935 CMR 500.105(5) and (6).

(b) The Manufacture or sale of Edibles in the following shapes and types is prohibited:

1. The distinct shape of a human, animal, fruit, or sporting-equipment item; or

2. A shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, fruit, or sporting-equipment item including artistic, caricature, or cartoon renderings.

(c) Edibles that are geometric shapes and simply fruit flavored are not considered fruit and are permissible.

(2)Sanitary Requirements. All Edibles shall be prepared, handled, and stored in compliance with the requirements in 935 CMR 500.105(3) and 500.105(11).

(3)Additional Labeling and Packaging Requirements for Edibles.

(a) In addition to the requirements set forth in M.G.L. c. 94G, § 4(a½)(xxiv) and (xxvi), and 935 CMR 500.105(5) and (6), every Marijuana Retailer shall ensure that the following information or statement is Affixed to every container holding an Edible:

1. If the retail Edible is perishable or time and temperature controlled, a statement that the Edible shall be refrigerated.

2. The date on which the Edible was produced.

3. A nutritional fact panel that shall be based on the number of THC servings within the container.

4. Information regarding the size of each serving for the product by milligrams, the total number of servings of Marijuana in the product, and the total amount of active THC in the product by milligrams (mg). For example: "The serving size of active THC in this product is X mg, this product contains Y servings of Marijuana, and the total amount of active THC in this product is (X*Y) mg."

5. A warning that the impairment effects of Edibles may be delayed by two hours or more.

(b) Once a label with a use-by date has been Affixed to a container holding an Edible, a Licensee may not alter that date or affix a new label with a later use-by date.

(c) Each serving of an Edible within a multi-serving package of Edibles shall be easily separable in order to allow an average person 21 years of age or older to physically separate, with minimal effort, individual servings of the product.

(d) Each single serving of an Edible contained in a multi-serving package of Edibles shall be marked, stamped, or otherwise imprinted with the symbol or easily recognizable mark issued by the Commission that indicates the package contains Marijuana consistent with 935 CMR 500.105(5)(b)15. Alternatively, a Licensee may ensure that each single serving of an Edible is individually wrapped and shall mark, stamp, or otherwise imprint each individual wrapper with the symbol or easily recognizable mark issued by the Commission that indicates the serving contains Marijuana consistent with 935 CMR 500.105(5)(b)15.

(e) Each single serving of an Edible contained in a packaged unit of multiple Edible may be marked, stamped, or otherwise imprinted with a symbol or easily recognizable mark issued by the Commission that indicates the package contains Marijuana.

(4)Dosing Limitations. A Marijuana Product Manufacturer may not prepare, and a Marijuana Retailer may not deliver, sell or otherwise distribute an Edible with potency levels exceeding the following limits, which includes the 10% variance allowed by 935 CMR 500.160(12), exceeding the following, as tested by an independent Marijuana testing facility licensed in accordance with M.G.L. c. 94G, § 15:

(a) For a single serving of an Edible, 5.5 milligrams (5.50 mg) of active tetrahydrocannabinol (THC);

(b) In a single package of multiple Edible to be eaten, swallowed, or otherwise ingested, not more than 20 servings or 110 milligrams (110.00mg) of active THC; and

(c) The THC content shall be homogenous, or evenly distributed throughout the Edible. A Retail Marijuana Product shall be considered to not be homogenous if 10% of the infused portion of the Marijuana Product contains more than 20% of the total THC contained within entire Marijuana Product.