W. Va. Code R. § 64-110-16

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-110-16 - Packaging and labeling of medical cannabis

16.1. A grower/processor must package and label at its facility each form of medical cannabis prepared for sale. The original seal of a package may not be broken, except for quality control testing at an approved laboratory, for adverse loss investigations conducted by the bureau or by a dispensary that purchased the medical cannabis.

16.2. A grower/processor must package the medical cannabis in a package that minimizes exposure to oxygen and that is:

16.2.a. Child-resistant;

16.2.b. Tamper-proof or tamper-evident;

16.2.c. Light-resistant and opaque; and

16.2.d. Resealable.

16.3. A grower/processor must identify each process lot of medical cannabis with a unique identifier.

16.4. A grower/processor must obtain the prior written approval of the bureau of the content of any label to be affixed to a medical cannabis package. Each label must:

16.4.a. Be easily readable;

16.4.b. Made of weather-resistant and tamper-resistant materials;

16.4.c. Be conspicuously placed on the package;

16.4.d. Include the name, address, and permit number of the grower/processor;

16.4.e. List the form, quantity, and weight of medical cannabis included in the package;

16.4.f. List the number of individual doses contained within the package, and the species and percentage of THC and CBD;

16.4.g. Contain an identifier that is unique to a particular harvest batch of medical cannabis, including the number assigned to each harvest lot or process lot in the harvest batch;

16.4.h. Include the date the medical cannabis was packaged;

16.4.i. State the employee identification number of the employee preparing the package and packaging the medical cannabis;

16.4.j. State the employee identification number of the employee shipping the package, if different than the employee described in subdivision 16.4.i.;

16.4.k. Contain the name and address of the dispensary to which the package is to be sold;

16.4.l. List the date of expiration of the medical cannabis;

16.4.m. Include instructions for proper storage of the medical cannabis in the package;

16.4.n. Contain the following warning stating: "This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant's pediatrician. This product might impair the ability to drive or operate heavy machinery. Keep out of reach of children.";

16.4.o. Contain a warning that the medical cannabis must be kept in the original container in which it was dispensed; and

16.4.p. Contain a warning that unauthorized use is unlawful and will subject the purchaser to criminal penalties.

16.5. Labeling by a grower/processor of any medical cannabis may not bear:

16.5.a. Any resemblance to the trademarked, characteristic, or product-specialized packaging of any commercially available food or beverage product;

16.5.b. Any statement, artwork, or design that could reasonably lead an individual to believe that the package contains anything other than medical cannabis;

16.5.c. Any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead an individual to believe that the product has been endorsed, manufactured, or approved for use by any state, county, or municipality or any agency thereof; or

16.5.d. Any cartoon, color scheme, image, graphic, or feature that might make the package attractive to children.

W. Va. Code R. § 64-110-16