Maryland voters overwhelmingly approved Question 4, a ballot measure to legalize adult-use cannabis, on November 8, 2022.1 The Cannabis Reform Act ‒ which was signed into law by Governor Wes Moore on May 3, 2023 and went into effect on July 1, 2023 ‒ established the Maryland Cannabis Administration (MCA) to oversee both the medical and adult-use cannabis programs.2
In response, the MCA amended and supplemented the state's cannabis and packaging regulations. Stakeholders have until January 1, 2024 to come into compliance with these requirements.3 Below, we review these updates.
What You Need to Know:
- As part of Maryland's adult-use cannabis rollout, the state has supplemented its packaging and labeling requirements for cannabis products.
- Stakeholders have until January 1, 2024, to come into compliance with these new requirements.
Packaging Updates
The MCA’s updated regulations largely mirror the previous medical regulations, meaning most licensees’ packaging will remain compliant after the January 1, 2024 deadline. However, the updated regulations provide more details regarding the requirements for tamper-evident packaging. Tamper-evident packaging must make it evident if a product has been opened prior to sale.4 The MCA’s updated regulations specifically require soft-sided packaging to be sealed in a way that indicates if the container has been opened or tampered with, and, once opened, that the package has been opened must be obvious.5 Soft-sided packages must also be at least 4 millimeters in thickness.6 For example, products packaged in a bag requiring the user to tear off a segment on the top for access would be compliant.
Rigid containers must include a tamper-evident seal or have an adhesive band on the lid that indicates that the package has been previously opened.7
While most packaging being sold in Maryland’s cannabis marketplace may already comply with the above requirements, licensees should review their full line of product packaging to ensure no adjustments need to be made prior to the January 2024 deadline.
Font
The MCA’s new regulations also require the font used for labels to be at least size 6 font (1/12th an inch).8 Previously, font needed to be size 4.5 font (1/16th an inch). Licensees who are using the smaller font size must come into compliance with the updated sizing requirement by January 2024.
Warnings
Because Maryland’s cannabis market now includes non-patient adults, labels must now include the statement, “The contents may only be lawfully consumed by a consumer 21 years old or older, or a registered medical cannabis patient.”9 For adult-use cannabis products only, this replaces the warning under the previous regulations which stated that products may be lawfully consumed only by the qualifying patient listed on the label. The previous warning should remain on labels used for cannabis products only permitted for sale to patients purchasing the product for medical use.
In addition, for edible cannabis products, the delayed-effects warning that was part of the previous regulations has been updated from “effects of this product can be ... delayed by 2 or more hours” to “effects of this product may be delayed by 4 or more hours.”10
Product Information
One of the more notable updates to product labels will require a listing of any solvents used to produce finished cannabis products.11 Solvent listings are required to be printed directly onto the label or affixed using a sticker.
Patient labels are only required for medical cannabis products and should adhere to previous regulations. These labels must still include information such as the name of the qualifying patient, the name of the certifying provider, and directions for use.12 Licensees should maintain space for the personalized patient label.
Certificate of Analysis
Under the new regulations, labels must include a certificate of analysis completed by an independent testing laboratory, accessible through a QR code or link.13
The certificate of analysis must provide detailed information regarding the concentrations of compounds like ∆9-Tetrahydrocannabinol (THC), certain contaminants, and indicate whether the batch meets specified standards for characteristics such as odor, appearance and moisture content.14
Prohibited Elements
The new regulations prohibit several elements on product labels, such as claims regarding health or physical benefits to the consumer from using the cannabis product.15 In addition, licensees must also ensure that labels are not targeted to or designed to appeal to individuals younger than 21 years old.16 Cartoons, neon colors, mascots and celebrity likenesses are examples of design elements that are prohibited under this regulation.17
Because MCA’s guidance on these prohibited elements is scarce, stakeholders should consider seeking input from legal counsel to ensure their products are compliant.
Conclusion
As regulations and the adult-use industry develop in Maryland, it is crucial that businesses remain up-to-date and informed about the latest packaging and labeling regulations (among others) to ensure consumer safety and regulatory compliance.
Contributions made by David Manjorin, sitting in the firm’s Washington, D.C. office.
1 Maryland State Board of Elections, Official 2022 Gubernatorial General Election Results for All State Questions, available at: https://elections.maryland.gov/elections/2022/general_results/gen_qresults_2022_1_00_ALL.html (last updated Dec. 7, 2022).
2 Maryland General Assembly, Senate Bill 516, Cannabis Reform, available at: https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0516 (last updated Jun. 9, 2023).
3 COMAR 14.17.18.08.
4 COMAR 14.17.18.01.
5 Id.
6 Id.
7 Id.
8 COMAR 14.17.18.03.
9 Id.
10 COMAR 14.17.18.05.
11 COMAR 14.17.18.03.
12 COMAR 14.17.18.04.
13 Id.
14 COMAR 10.62.15.05.
15 COMAR 14.17.18.07.
16 Id.
17 Id.
