W. Va. Code R. § 64-112-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-112-8 - Labels and safety inserts

8.1. Medical cannabis 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 cannabis, the percentage of THC and CBD contained in the medical cannabis product, and any other labeling required by the bureau.

8.2. A dispensary must dispense medical cannabis to a patient or caregiver in a sealed and properly labeled package.

8.3. The dispensary must inspect the label to ensure that the label contains the following:

8.3.a. The information required to be included in the receipt in section 4 of this rule.

8.3.b. The packaging date.

8.3.c. A use by or expiration date.

8.3.d. 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."

8.3.e. The number of individual doses contained within the package and the species and percentage of THC and CBD.

8.3.f. A warning that the medical cannabis must be kept in the original container in which it was dispensed.

8.3.g. A warning that unauthorized use is unlawful and will subject the purchaser or user to criminal penalties.

8.3.h. Any other information required by the bureau.

8.4. The dispensary must inspect the label to ensure that the label does not bear:

8.4.a. Any resemblance to the trademarked, characteristic, or product-specialized packaging of any commercially available food or beverage product.

8.4.b. Any statement, artwork, or design that could reasonably lead an individual to believe that the package contains anything other than medical cannabis.

8.4.c. Any 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.

8.4.d. Any cartoon, color scheme, image, graphic, or feature that might make the package attractive to children.

8.5. When a dispensary dispenses medical cannabis to a patient or caregiver, the dispensary must also provide the patient or caregiver with a safety insert developed and approved by the bureau that includes the following information:

8.5.a. The method or methods for administering individual doses of medical cannabis.

8.5.b. Any potential dangers stemming from the use of medical cannabis.

8.5.c. How to recognize what may be problematic usage of medical cannabis and how to obtain appropriate services or treatment for problematic usage.

8.5.d. The side effects and contraindications associated with medical cannabis, if any, which may cause harm to the patient.

8.5.e. How to prevent or deter the misuse of medical cannabis by an individual under 18 years of age or others.

8.5.f. Any other information determined by the bureau to be relevant to enhance patient safety.

W. Va. Code R. § 64-112-8