(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(a1/2)(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(a1/2)(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.