Current through Register Vol. 54, No. 45, November 9, 2024
Section 1161a.28 - Labels and safety inserts(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: (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.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023 This section cited in 28 Pa. Code § 1161a.36 (relating to transport manifest).