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New Emergency Rules Put Oklahoma Medical Marijuana Food Processors In A “Sticky” Situation

On Behalf of | Jan 21, 2019 | Best Criminal Defense Tulsa, Medical Marijuana, Oklahoma Medical Marijuana Compliance, Practical Tips, Tulsa Drug Charges, Tulsa Medical Marijuana Attorney

It’s a boom within a boom. Marijuana edibles were projected to make up a $2.3-billion market in the U.S. in 2018 and to become a $5.3-billion market within the next five years. (See Report). Oklahoma medical marijuana food processors need to be aware of some new emergency rules affecting them, said Tulsa medical marijuana attorney Stephen Cale.

The rules went into effect Dec. 20, 2018. Here are four things Oklahoma medical marijuana food processors need to know:

The following is a general overview for educational purposes only and is not legal advice. If you have questions or need legal advice, or need medical marijuana consulting or auditing, call the Cale Law Office at 918-771-7314.

One of the most notable changes concerns labeling and packaging, said Tulsa medical marijuana attorney Stephen Cale. The label doesn’t have to be the peel-and-stick kind, but it can. A printed label will work too if it complies with the rules. Here are some examples of the new labeling and packaging rules:

1. POISON CONTROL HOTLINE PHONE NUMBER

Packaging must contain the statement, “For accidental ingestion call 1-800-222-1222.”  This is the hotline number for the national Poison Control Center.

This is somewhat odd. No one has ever died from ingesting marijuana. Basically, there’s no way to “overdose” on marijuana in the sense that it could kill someone. Even the new rules state that marijuana “shall not be considered a deleterious, poisonous, or nonnutritive substance.”

There was that one police officer though. Did I say “police officer,” as in “cop,” “Five-O,” “Po-po,” and “the fuzz?” Yes. He didn’t die, but he sure thought he was after he and his wife ate some pot brownies. Check out the 911-call video.

So, what’s considered a “package”? The new emergency rules define “package” and “packaging” as “any container or wrapper that a grower or processor may use for enclosing or containing medical marijuana.

2. REQUIRED UNIVERSAL SYMBOL FOR FOOD CONTAINING MARIJUANA

All packages and individually-packaged product units, including those from bulk packaging, must contain the Oklahoma uniform symbol in clear and plain sight. The Oklahoma uniform symbol must be printed at least one-half inch by one-half inch in size in color.
What is considered “food?” When I was a kid, my mom told me not to swallow my gum because it would take seven years to digest. It’s not true, of course. But anyway, the new rules contain the definition of food. That definition is too long and boring. But it does specifically mention “chewing gum.”
This is what the universal symbol looks like:

3. WARNING TO WOMEN

A label must contain a warning that states, “Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects or while breastfeeding.”

4. RULES UPON RULES, AND RULES WITHIN RULES

The new emergency rules set forth food safety standards processors must comply with in the preparation, production, manufacturing, processing, handling, packaging, and labeling of edible marijuana products. The new rules do not relieve the license processors of any obligations under existing laws, rules, regulations, said Tulsa medical marijuana attorney Stephen Cale.

The rules can get complex. Some of the other rules set out testing requirements, best practices standards, and rules to follow under federal law. So, for additional information, legal representation, or compliance issues, call the Cale Law Office at 918-771-7314, or contact Tulsa medical marijuana attorney Stephen Cale via the web.

WORKING WITH CALE LAW OFFICE

Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation, and proactive compliance auditing and consultation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.

Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). And, he’s not new to cannabis law. He consistently stays abreast of the complex area of marijuana regulations and laws, which is a huge benefit to his medical marijuana clients.

Serving clients throughout Oklahoma and Northeastern Oklahoma, including Tulsa County, Jenks, Glenpool, Bixby, Collinsville, Owasso, Sand Springs, Sapulpa, Skiatook, Rogers County, Catoosa, Claremore, Mayes County, Adair, Chouteau, Disney, Grand Lake, Langley, Locust Grove, Pensacola, Salina, Spavinaw, Wagoner County, Coweta, Muskogee County, Webbers Falls, Okmulgee County, Pawnee County, Keystone Lake, Osage County, Pawhuska, Hominy, Nowata County, Coffeyville, Craig County, Vinita, Big Cabin, Washington County, Bartlesville, Copan, and Dewey.

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