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§ 427.18. Packaging and labeling requirements

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2022

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 15. Narcotic Drugs
Medical Marijuana and Patient Protection Act
Effective: November 1, 2022
63 Okl.St.Ann. § 427.18
§ 427.18. Packaging and labeling requirements
<Text as amended by Laws 2022, c. 141, § 2. See, also, text as amended by Laws 2022, c. 251, § 18.>
A. An Oklahoma medical marijuana business shall not sell, transfer or otherwise distribute medical marijuana or medical marijuana product that has not been packaged and labeled in accordance with this section and rules promulgated by the State Commissioner of Health.
B. A medical marijuana dispensary shall return medical marijuana and medical marijuana product that does not meet packaging or labeling requirements in this section or rules promulgated pursuant thereto to the entity who transferred it to the dispensary. The medical marijuana dispensary shall document to whom the item was returned, what was returned and the date of the return or dispose of any usable marijuana that does not meet these requirements in accordance with the Oklahoma Medical Marijuana and Patient Protection Act.
C. 1. Medical marijuana packaging shall be packaged to minimize its appeal to children and shall not depict images other than the business name logo of the medical marijuana producer and image of the product.
2. A medical marijuana business shall not place any content on a container in a manner that reasonably appears to target individuals under the age of twenty-one (21) including, but not limited to, cartoon characters or similar images.
3. Labels on a container shall not include any false or misleading statements.
4. No container shall be intentionally or knowingly labeled so as to cause a reasonable patient confusion as to whether the medical marijuana, medical marijuana concentrate or medical marijuana product is a trademarked product or labeled in a manner that violates any federal trademark law or regulation. The label on the container shall include a warning that states the following:
a. “For use by licensed medical marijuana patients only”, and
b. “Keep out of reach of children”.
5. The label on the container shall not make any claims regarding health or physical benefits to the patient.
6. The container itself may be clear in order to allow licensed medical marijuana patients and licensed medical marijuana caregivers the ability to view the product inside the container but shall be child-resistant, as defined in Section 427.2 of this title.
7. At the point of sale and transfer of any medical marijuana, medical marijuana concentrate, or medical marijuana products to a licensed medical marijuana patient or licensed medical marijuana caregiver, the dispensary shall place the medical marijuana, medical marijuana concentrate, or medical marijuana products in an exit package, as such term is defined in Section 427.2 of this title.
D. The State Department of Health shall develop minimum standards for packaging and labeling of medical marijuana, medical marijuana concentrate, and medical marijuana products. Such standards shall include, but not be limited to, the required contents of labels to be affixed to all medical marijuana, medical marijuana concentrate, and medical marijuana products prior to transfer to a licensed patient or caregiver, which shall include, at a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
2. A statement indicating that the product has been tested for contaminants;
3. One or more product warnings to be determined by the Department; and
4. Any other information the Department deems necessary.

Credits

Laws 2019, c. 11, § 18; Laws 2021, c. 553, § 20, eff. Nov. 1, 2021; Laws 2022, c. 141, § 2, eff. Nov. 1, 2022.
63 Okl. St. Ann. § 427.18, OK ST T. 63 § 427.18
Current with emergency effective legislation through Chapter 329 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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