Clarifying Message on Infused Edible Products

Clarification on Infused Edible Products

Licensees,

This message is to clarify the product and label presentation given during the October 3rd Board meeting and subsequent news reports.

Recently concerns were brought forth from the Board, stakeholders and the public regarding marijuana infused candies that had been approved and were being sold in retail outlets throughout the state. The feedback received prompted a further review of infused edibles we had approved to ensure they aligned with our current rules. During our reevaluation it was found that we had approved marijuana infused edibles that could be deemed especially appealing to children. Preventing infused edibles that would be especially appealing to children and youth has always been a high priority of the Board. There has not been any recent rule changes that enacted that priority as it was already called out in WAC 317-55-077(7), which states:

“A marijuana processor is limited in the types of food or drinks they may infuse with marijuana. Marijuana-infused products that require cooking or baking by the consumer are prohibited. Marijuana-infused products that are especially appealing to children are prohibited. Marijuana-infused edible products such as, but not limited to, gummy candies, lollipops, cotton candy, or brightly colored products, are prohibited.”

The only rule change is the packaging and labeling rules that were adopted by the Board on May 2, 2018 (effective January 1, 2019). The rules further clarify the definition of “especially appealing to children,” simplify the required information on the label and implement the marijuana universal symbol. Due to the label rule changes all previously approved marijuana infused products that are ingested will need to be re-submitted for approval. We want to work with the industry so licensees can sell out of most of their product and that is why we will give until April 3, 2019 to sell any product on hand. When submissions are made for product and label review, you will be notified in writing if approval is not granted. Your appeal rights will also be included in that correspondence.

The agency is not banning all marijuana infused edibles. There will still be products available for consumers in the retail outlets. The recent presentation was to bring attention to the public that we are looking to ensure what we approve is aligned with our rules while ensuring public safety, first and foremost. 

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