Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Medical marijuana products dispensed by a dispensary must only be identified by
the name of the grower/ processor, the name of the dispensary, the form and
species of medical marijuana, the percentage of THC and CBD contained in the
medical marijuana product, and any other labeling required by the
Department.
(b) A dispensary shall
dispense medical marijuana products to a patient or caregiver in a sealed and
properly labeled package.
(c) The
dispensary shall inspect the label to ensure that the label meets all of the
following requirements:
(1) Is easily
readable.
(2) Is conspicuously
placed on the package.
(3) Includes
the name, address and permit number of the grower/processor.
(4) Lists the form and quantity of medical
marijuana.
(5) Contains 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.
(6) Lists the number of individual doses
contained within the package and the species and percentage of THC and CBD and
other cannabinoids enumerated in §
1151a.29 (relating to limit on
medical marijuana processing), and the individual terpenes and corresponding
percentages.
(7) Contains a warning
that the medical marijuana product must be kept in the original container in
which it was dispensed.
(8)
Contains a warning that unauthorized use is unlawful and will subject the
purchaser or user to criminal penalties.
(9) Includes the name and address of the
dispensary.
(10) Includes the
identification number of the sales clerk dispensing the medical marijuana
products to the patient or caregiver and the patient identification
number.
(11) Lists a use by or
expiration date.
(12) Lists the
packaging date.
(13) Includes
instructions for proper storage of the medical marijuana product in the
package.
(14) Contains a process
lot identification number.
(15) Is
firmly affixed to the container directly holding medical marijuana or is firmly
affixed to outer packaging if used.
(d) The dispensary shall inspect the label to
ensure that the label does not bear any of the following:
(1) A resemblance to the trademarked,
characteristic or product-specialized packaging of any commercially available
food or beverage product.
(2) A
statement, artwork or design that could reasonably lead an individual to
believe that the package contains anything other than medical
marijuana.
(3) A 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.
(4) A cartoon, color scheme, image, graphic
or feature that might make the package attractive to children.
(e) When a dispensary dispenses
medical marijuana products to a patient or caregiver, the dispensary shall also
provide the patient or caregiver with a safety insert developed and approved by
the Department that includes all of the following information:
(1) The method or methods for administering
individual doses of medical marijuana products.
(2) Potential dangers stemming from the use
of medical marijuana products.
(3)
How to recognize what may be problematic usage of medical marijuana products
and how to obtain appropriate services or treatment for problematic
usage.
(4) When applicable the side
effects and contraindications associated with medical marijuana products which
may cause harm to the patient.
(5)
How to prevent or deter the misuse of medical marijuana products by an
individual under 18 years of age or others.
This section cited in 28 Pa. Code §
1161a.36 (relating to transport
manifest).