New marijuana regulations took effect in Maryland yesterday, allowing sublingual THC pouches to be sold in the state, eliminating the requirement that marijuana packaging be plain and making several other changes affecting licensed cannabis businesses.
The Maryland Cannabis Administration adopted the regulatory package August 13, with an effective date of September 14, according to a Notice of Final Action published in the Maryland Register. The rules were initially proposed in June and were finalized with only nonsubstantive changes.
One of the most significant changes creates a new regulated product category for cannabis sublingual pouches.
The rules define a sublingual pouch as a permeable sachet containing concentrated cannabis product that is intended to dissolve in the mouth and be absorbed through the cheek or under the tongue.
Pouches may be sold to adults 21 and older, as well as qualifying medical marijuana patients and registered caregivers. Unless specifically authorized by the Cannabis Administration, each pouch may contain no more than 10 milligrams of THC per serving, with a maximum of 100 milligrams THC per package.
The products may contain concentrated marijuana along with fillers, sweeteners, flavors or preservatives approved by regulators.
Packages must carry a warning stating that the pouches are not intended to be heated, burned or swallowed. Each individual pouch must also display Maryland’s universal marijuana symbol. If placing the symbol directly on a pouch is impractical, it must be individually wrapped in material displaying the symbol.
The regulations also make a notable change to Maryland’s marijuana packaging requirements.
Previously, retail marijuana packaging was required to be both “plain and opaque.” The new rules remove the word “plain,” leaving the requirement that packaging remain opaque.
At the same time, regulators expanded restrictions intended to prevent marijuana packaging from appealing to children. Prohibited elements include cartoons, animals, neon colors, celebrities, mascots and certain phrases or font styles commonly used to market to children.
The rules also prohibit certain anthropomorphic imagery, such as giving human characteristics to animals, plants or objects, as well as packaging incorporating sensory effects such as texture, scent or sound. Medical or therapeutic claims are also prohibited on marijuana packaging and labels.
The broader regulatory package makes several additional changes to Maryland’s marijuana system.
Conditional licensees may now receive up to two extensions of as much as six months each if the Cannabis Administration determines they have made consistent good-faith efforts to establish a business. The previous rules provided for a one-time extension.
Other provisions establish additional workplace and occupational safety requirements for licensed growers, codify corrective and preventive action requirements, update rules for micro dispensaries and establish discovery procedures for administrative hearings.
The Cannabis Administration said when proposing the regulations that the changes were expected to have minimal or no economic impact on small businesses.
