2023 Maine Revised Statutes › TITLE 28-B: ADULT USE CANNABIS › Chapter 1: CANNABIS LEGALIZATION ACT › Subchapter 7: LABELING AND PACKAGING; SIGNS, ADVERTISING AND MARKETING; HEALTH AND SAFETY › 28-B §701. Labeling and packaging

§701. Labeling and packaging
1.  Labeling requirements.
Adult use cannabis and adult use cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be labeled with the following information, as applicable based on the cannabis or cannabis product to be sold:
A. The license numbers of the cultivation facility, the products manufacturing facility and the cannabis store where the adult use cannabis or adult use cannabis product was cultivated, manufactured and offered for sale;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. An identity statement and universal symbol;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
C. Health and safety warning labels as required by rules adopted by the department after consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
D. The batch number;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
E. A net weight statement;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
F. Information on the THC potency of the cannabis or cannabis product and the potency of such other cannabinoids or other chemicals in the cannabis or cannabis product, including, but not limited to, cannabidiol. For edible cannabis products, the information required pursuant to this paragraph must be consistent with section 703, subsection 1, paragraphs F and F‑1;   [PL 2021, c. 558, §2 (AMD); PL 2021, c. 669, §5 (REV).]
G. Information on the amount of THC and cannabidiol per serving of the cannabis or cannabis product. For edible cannabis products, the information required pursuant to this paragraph must be consistent with section 703, subsection 1, paragraphs F and F‑1 and contain the number of servings per package;   [PL 2021, c. 558, §3 (AMD); PL 2021, c. 669, §5 (REV).]
H. Information on gases, solvents and chemicals used in cannabis extraction;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
I. Instructions on usage;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
J. For adult use cannabis products:
(1) The amount of cannabis concentrate per serving of the product, as measured in grams, and the amount of cannabis concentrate per package of the product, as measured in grams;
(2) A list of ingredients and possible allergens; and
(3) A recommended use date or expiration date;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
K. For edible cannabis products, a nutritional fact panel; and   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
L. Any other information required by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2021, c. 558, §§2, 3 (AMD); PL 2021, c. 669, §5 (REV).]
2.  Packaging requirements.
Adult use cannabis and adult use cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter must be packaged in the following manner, as applicable based on the cannabis or cannabis product to be sold:
A. Adult use cannabis and adult use cannabis products must be prepackaged in child-resistant and tamper-evident packaging or must be placed in child-resistant and tamper-evident packaging at the final point of sale to a consumer;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. Adult use cannabis and adult use cannabis products must be prepackaged in opaque packaging or an opaque container or must be placed in opaque packaging or an opaque container at the final point of sale to a consumer;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
C. Packaging for multiserving liquid adult use cannabis products must include an integral measurement component and a child-resistant cap; and   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
D. Packaging must conform to all other applicable requirements and restrictions imposed by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3.  Other approved labeling and packaging.
Adult use cannabis and adult use cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter may include on the label or the packaging of the cannabis or cannabis product:
A. A statement of compatibility with dietary practices;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. Depictions of geometric shapes or cannabis leaves;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
C. Use of the terms "organic," "organically cultivated" or "organically grown" in accordance with requirements regarding the use of such terms as adopted by rule by the department; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]
D. Any other information that has been preapproved by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
4.  Labeling and packaging prohibitions.
Adult use cannabis and adult use cannabis products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter:
A. May not be labeled or packaged in violation of a federal trademark law or regulation or in a manner that would cause a reasonable consumer confusion as to whether the cannabis or cannabis product was a trademarked product;   [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
B. May not be labeled or packaged in a manner that is specifically designed to appeal particularly to a person under 21 years of age;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
C. May not be labeled or packaged in a manner that obscures identifying information on the label or uses a false or deceptive label;   [PL 2017, c. 409, Pt. A, §6 (NEW).]
D. May not be sold or offered for sale using a label or packaging that depicts a human, animal or fruit; and   [PL 2017, c. 409, Pt. A, §6 (NEW).]
E. May not be labeled or packaged in violation of any other labeling or packaging requirement or restriction imposed by rule by the department.   [PL 2017, c. 409, Pt. A, §6 (NEW).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 558, §§2, 3 (AMD). PL 2021, c. 669, §5 (REV).