Utah Code § 4-41a-602

Current through the 2024 Third Special Session
Section 4-41a-602 - Cannabis product - Labeling and child-resistant packaging
(1) For any cannabis product that a cannabis processing facility processes or produces and for any raw cannabis that the facility packages, the facility shall:
(a) label the cannabis or cannabis product with a label that:
(i) clearly and unambiguously states that the cannabis product or package contains cannabis;
(ii) clearly displays the amount of total composite tetrahydrocannabinol, cannabidiol, and any known cannabinoid that is greater than 1% of the total cannabinoids contained in the cannabis or cannabis product as determined under Subsection 4-41a-701(4);
(iii) has a unique identification number that:
(A) is connected to the inventory control system; and
(B) identifies the unique cannabis product manufacturing process the cannabis processing facility used to manufacture the cannabis product;
(iv) identifies the cannabinoid extraction process that the cannabis processing facility used to create the cannabis product;
(v) does not display an image, word, or phrase that the facility knows or should know appeals to children; and
(vi) discloses each active or potentially active ingredient, in order of prominence, and possible allergen; and
(b) package the raw cannabis or cannabis product in a medicinal dosage form in a container that:
(i) is tamper evident and tamper resistant;
(ii) does not appeal to children;
(iii) does not mimic a candy container;
(iv) complies with child-resistant effectiveness standards that the United States Consumer Product Safety Commission establishes;
(v) includes a warning label that states:
(A) for a container labeled before July 1, 2021, "WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a qualified medical provider.";
(B) for a container labeled on or after July 1, 2021, "WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."; or
(C) for a container labeled on or after January 1, 2024, "WARNING: Cannabis has intoxicating effects, may be addictive, and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."; and
(vi) for raw cannabis or a cannabis product sold in a vaporizer cartridge labeled on or after May 3, 2023, includes a warning label that states:
(A) "WARNING: Vaping of cannabis-derived products has been associated with lung injury."; and
(B) "WARNING: Inhalation of cannabis smoke has been associated with lung injury.".
(2) To ensure that a cannabis product that a cannabis processing facility processes or produces has a medical rather than recreational disposition, the facility may not produce or process a product whose logo, product name, or brand name includes terms related to recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganja," "Mary Jane," "high," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," "budtender," "dab," "blaze," "toke," or "420."
(3) For any cannabis or cannabis product that the cannabis processing facility processes into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape, the facility shall:
(a) ensure that the label described in Subsection (1)(a) does not contain a photograph or other image of the content of the container; and
(b) include on the label described in Subsection (1)(a) a warning about the risks of over-consumption.
(4) For any cannabis product that contains an artificially derived cannabinoid, the cannabis processing facility shall ensure that the label clearly:
(a) identifies each artificially derived cannabinoid; and
(b) identifies that each artificially derived cannabinoid is an artificially derived cannabinoid.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department:
(a) shall make rules to establish:
(i) a standard labeling format that:
(A) complies with the requirements of this section; and
(B) ensures inclusion of a pharmacy label; and
(ii) additional requirements on packaging for cannabis and cannabis products to ensure safety and product quality; and
(b) may make rules to further define standards regarding images, words, phrases, or containers that may appeal to children under Subsection (1)(a)(v) or (1)(b)(ii).

Utah Code § 4-41a-602

Amended by Chapter TBD, 2024 General Session ,§ 7, eff. 5/1/2024.
Amended by Chapter 313, 2023 General Session ,§ 6, eff. 5/3/2023.
Amended by Chapter 290, 2022 General Session ,§ 11, eff. 3/23/2022.
Amended by Chapter 350, 2021 General Session ,§ 9, eff. 3/17/2021.
Amended by Chapter 337, 2021 General Session ,§ 2, eff. 3/17/2021.
Amended by Chapter 12, 2020 General Session ,§ 11, eff. 2/28/2020.
Renumbered from § 4-41b-602 and amended by Chapter 1, 2018SP3 General Session ,§ 24, eff. 12/3/2018.
Added by Utah Proposition 2, Medical Marijuana Initiative (2018), approved by the voters at the general election held on 11/6/2018, and effective 12/1/2018.