15 Miss. Code. R. 22-6.1 - General Requirements

6.1.1 Licensees shall not sell, or otherwise transfer cannabis and/or cannabis products to other medical cannabis establishments licensed by the Department and/or MDOR that are not packaged and labeled in accordance with these regulations.

6.1.2 Medical cannabis establishments receiving a sale or transfer from another medical cannabis establishment shall refuse to accept or shall return to the medical cannabis establishment transferring cannabis and/or cannabis products, any cannabis and/or cannabis products that are not packaged and labeled in accordance with these regulations. The medical cannabis establishment that sold or otherwise transferred the nonconforming cannabis and/or cannabis products shall accept such return.

6.1.3 Medical cannabis establishments shall document any such return, nonacceptance, or disposal, and such documentation shall include at a minimum:

1. The license number, name, contact information, and address of the medical cannabis establishment that sold or otherwise transferred the nonconforming cannabis and/or cannabis products;

2. A complete inventory of the cannabis and/or cannabis products to be returned or disposed, including the batch number;

3. The reason for the nonacceptance, return, or disposal; and,

4. The date of the nonacceptance, return, or disposal.

6.1.4 The following packaging requirements apply to all usable medical cannabis (retail-ready) being transferred to or sold to a medical cannabis dispensary for sale to a qualified patient and/or caregiver. Packaging and labelling, meeting the following requirements, shall be in place when transferred or sold to a medical cannabis dispensary:

1. Labels, packages, and containers shall not be attractive to minors and shall not contain any content that reasonably appears to target children, including toys, cartoon characters, or any color scheme, image, graphic, or feature that might reasonably be expected to make the product label, package, or container entice or appealing to children.

2. Packages should be designed to minimize appeal to children and shall not depict images other than the business name and logo of the medical cannabis establishment.

3. Packaging shall contain a label that reads: "Keep out of reach of children".

4. All usable medical cannabis and cannabis products shall be packaged in child-resistant containers at the point of sale or other transfer to a patient, a patient's parent, or legal guardian if patient is a minor, or a caregiver.

5. Packages and labels shall not contain product names related to candy or candies or any spellings thereof (e.g., kandy, kandies, etc.) or feature images that look like candy.

6. No cannabis and/or cannabis products shall be intentionally or knowingly packaged or labeled to cause a reasonable patient confusion as to whether the medical cannabis or medical cannabis product is a trademarked product or any commercially available candy, snack, baked good or beverage.

7. Packages and labels shall not make any claims or statements that the medical cannabis or medical cannabis products provide health or physical benefits to the patient.

8. Shall not contain the logo of the Department or any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe the product has been endorsed, manufactured, or used by any state, county, or municipality or any agency thereof.

9. Cannabis products that have a potency of over thirty percent (30%) total THC shall be labeled as "extremely potent".

10. Edible cannabis products shall be labeled in a manner which indicates the number of servings of THC in the product and include a statement that the product's potency was tested with an allowable variance of plus or minus 10%. Potency of all products shall test +/- 10% of label claim or be repackaged to meet actual concentration. The single serving size shall also be included on the label. All edible cannabis product shall be labeled.

11. Usable medical cannabis shall include the following on the label:

a. Name of the cannabis and/or cannabis product;

b. Batch number of the cannabis and/or cannabis product;

c. Unique identifier number created by the seed to sale system;

d. Net quantity or weight of contents;

e. The length of time it typically takes for the product to take affect;

f. Disclosure of ingredients and possible allergens;

g. A nutritional fact panel (applicable to cannabis products meant to be ingested);

h. The total amount of THC and CBD in the product as verified by the cannabis testing facility;

i. Terpenoid profile in the product as verified by the cannabis testing facility (if applicable);

j. A notice of the potential harm caused by consuming medical cannabis; and,

k. For edible cannabis products, when practicable, the Mississippi standard symbol indicating the product contains cannabis. This symbol is required on packaging as of July 1, 2023. The required symbol will be available for download from the Department.

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6.1.5 All usable medical cannabis and/or cannabis products shall be in compliant packaging upon entering the medical cannabis dispensary space.

6.1.6 All labeling shall be in plain font that can be easily read.

6.1.7 All labeling on topical products shall also state "For Topical Application - Do Not Eat or Smoke".

6.1.8 Labels and packaging for food containing cannabis shall comply with all applicable requirements in existing Mississippi law, rules and regulations.

6.1.9 In addition to the labeling requirements in this Part, all usable (retail-ready) cannabis and/or cannabis products shall be packaged to meet the following:

1. Packaging shall be opaque and light resistant. The Department does not specify package coloring.

2. Packing shall fully enclose the product so that it cannot be seen from outside the packaging.

3. Packaging shall protect the product from contamination;

4. Not impart any toxic or deleterious substance to the medical cannabis product;

5. Shall be in child-resistant packages or containers; and,

6. Shall be in a resealable package or container that meets the effectiveness specifications outlined in 16 CFR 1700.15, to the extent that such laws,_rules, regulations do not conflict with the Mississippi Medical Cannabis Act, if the product contains more than one serving.

6.1.10 All cannabis and/or cannabis products sold or transferred between cannabis cultivation facilities and/or cannabis processing facilities shall be labeled (in addition to the required seed-to-sale tagging), and the label shall contain, at a minimum, the following information:

1. Name and license number of the cultivator/grower or processor/manufacturer who is selling or otherwise transferring the medical cannabis or medical cannabis product;

2. The batch number of the medical cannabis or medical cannabis product;

3. Date of harvest or production; and,

4. Unique identifier number generated by the seed-to-sale system.

Notes

15 Miss. Code. R. 22-6.1

Miss. Code Ann. §§ 41-137-1 - 41-137-67.

Adopted 1/13/2024