Delaware State Governing Body Information
2019 Marijuana Packaging Laws Update
As the recreational use of marijuana has not yet been legalized in the state of Delaware, the next paragraph outlines labeling regulations for marijuana sold in medical dispensaries.
Labeling Requirements for Medical Marijuana Clinics:
- Labels must contain the name of the strain, the batch of the strain and the amount of the medical marijuana contained in the individual item or product
- The label must state contain the following words: “this product is for medical use only, not for resale”
- The label must make note of the fact that the medical marijuana is free from contaminants
- The label must provide details of active ingredients (and their amounts) in the item or product
In order to fulfill other requirements for label and packaging during the application process, the applicant must also ensure that:
- The applicant has a formal plan for testing the medical marijuana for contaminants and the potency of active ingredients
- The applicant has adequate information on his or her ability to grow marijuana without the use of pesticides
Common Names for Marijuana in Delaware
Common names used include “marijuana” and “medical marijuana”.
A Proposed Bill (HB-110) in Delaware has suggested the following labeling requirements:*
- Labels should contain serving size and the number of servings per package
- Evidence-based information on how to interpret the information on the product such as the side effects of marijuana, health effects, potential interactions with prescription and non-prescription drugs
- The prohibition of product packaging that looks like candy or cartoon characters
*As the Bill is not yet a law- meaning that it is not yet in force or effect, these labeling requirements are NOT mandatory.
2018 Marijuana Packaging Laws Update
7.2.8 Dispensing marijuana.
18.104.22.168 Design and security features of medical marijuana containers
22.214.171.124.1 Marijuana shall be dispensed in sealed, tamperproof containers clearly identified as having been issued by the compassion center and that meet the requirements in Section 7.3.10 of these regulations.
126.96.36.199.2 Patients and designated caregivers should receive written instruction that the marijuana shall remain in this container when it is not being prepared for ingestion or being ingested.
188.8.131.52 No marijuana shall be dispensed unless or until the patient or caregiver identification card has been verified as valid in the computer system identified in Section 184.108.40.206.2 of these regulations.
220.127.116.11.1.3 shall not dispense an amount of usable marijuana to a qualifying patient or a qualifying patient’s caregiver that the compassion center principal officer, board member, agent, volunteer or employee knows would cause the recipient to possess more marijuana than is permitted under the Act or these regulations.
18.104.22.168.1.4 shall dispense pediatric medical marijuana oils as described in Section 2.0 of these regulations to qualified patients under the age of 18 years. Patients under the age of 18 are restricted from purchasing products other than pediatric medical marijuana oil.
22.214.171.124.2 In addition to any other penalties that may be applicable under the Act or these regulations, any person found to have violated Section 7.2.8 of these regulations is not eligible to be an employee, agent, principal officer or board member of any compassion center and such person’s registry identification card shall be immediately revoked.
7.3.11 a description of the documentation that will accompany a registered compassion center agent when transporting marijuana on behalf of the registered compassion center. In response to 16 Del.C. §4918A(b), the documentation must specify, at least, the amount of marijuana being transported, the date the marijuana is being transported, the registry identification number of the registered compassion center, and a contact number to verify that the marijuana is being transported on behalf of the registered compassion center.
The First State kept cannabis illegal along with the rest of the country for most of the twentieth century, following federal guidelines and considering cannabis a drug with no medical value. As the rest of the country moved toward allowing cannabis for medical use, Delaware followed suit in 2011 by passing medical cannabis legislation, the Delaware Medical Marijuana Act.
The Delaware Medical Marijuana Program was created to license patients, caregivers,and medical professionals In Delaware, the dispensaries that provide medical marijuana to authorized patients. As of 2018, only one Compassion Center open in the state, but the official DMMP website has applications for more. Physicians are required to prescribe cannabis, and they can do so for a host of medical issues: “symptoms of terminal illness, cancer, multiple sclerosis, HIV and AIDS, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, autism with aggressive or self-injurious behavior, intractable epilepsy, or the physical manifestations of post-traumatic stress disorder. Conditions that cause severe, debilitating pain, wasting syndrome, intractable nausea and seizures,” according to the official DMMP site.
In a move that was backwards from most of the country, the First State decriminalized possession of small amounts of cannabis only after passing medical cannabis legislation. For adults over 18, possessing under an ounce of cannabis is punishable by an infraction and a small fine. The plant is still illegal for minors and for public consumption, driving under the influence, and other recreational marijuana activities.
2017 Marijuana Packaging Laws Update
Since the First State only legalized cannabis for medical purposes, everything is overseen by the Delaware Medical Marijuana Program. Since the program is in its infancy, there aren’t a lot of medical cannabis packaging regulations out there, and the laws focus more on labeling the medical marijuana product. The Delaware Medical Marijuana Code governs how cannabis is sold in the state, and it explains the complex regulations and licensing involved in prescribing, buying, or selling medical cannabis.
Dispensaries are referred to as “compassion centers,” and they are required to fulfill a lot of requirements to apply for a license to sell medical marijuana legally in Delaware. Applicants must include their plan for their packaging. Here are the cannabis packaging requirements from the Code:
“7.8.8 the applicant’s plan for safe and accurate packaging and labeling of medical marijuana, which shall include, without limitations, these minimum requirements for packaging and labeling:
- the name of the strain, batch, and quantity of the medical marijuana;
- a statement providing that “this product is for medical use only, not for resale”;
- details indicating the medical marijuana is free of contaminants; and
- details indicating the levels of active ingredients in the product;”
Similar requirements are repeated elsewhere in the Code:
“7.3.10 a description of the packaging of the usable marijuana that the compassion center shall be utilizing which shall, as a minimum, include:
- the name of the strain, batch, and quantity;
- the statement “this product is for medical use only, not for resale;” and
- details indicating (1) the medical marijuana is free of contaminants and (2) the levels of active ingredients in the product.”
Text is taken from the document, 4470 State of Delaware Medical Marijuana Code.