Purpose

This bill aims to restrict added flavors in inhaled cannabis products and to refine how cannabis and hemp products are categorized and regulated for retail sale. It sets rules for approving product categories, defines how total THC is calculated, and adds disqualifying criteria for certain hemp edibles and hemp-derived products.

Key Provisions

• Product categories and regulatory approval

  • The office (regulatory authority) must approve product categories for cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products intended for retail sale.
  • New or additional stock-keeping units (SKU) or Universal Product Codes (UPC) do not prevent a product from being considered the same product category.

• THC limits and calculation

  • The office may establish limits on the total THC content for cannabis flower, cannabis products, and hemp-derived products.
  • Total THC is defined as: the sum of (THCA percentage by weight multiplied by 0.877) plus (the percentage by weight of all delta-9 THC).

• Disqualifying criteria for certain hemp edibles and hemp-derived products

  • The office shall not approve any cannabis product that is a lower-potency hemp edible or hemp-derived product if it meets certain disqualifying characteristics, including but not limited to:
  • Looks like or imitates a lollipop or ice cream (with additional context suggesting a concern for child-oriented appearance).
  • Bears the likeness or characteristics of a real or fictional person, animal, or child.
  • Is substantively similar to a meat or dairy product.
  • Contains a synthetic cannabinoid.
  • Is made by applying a cannabinoid to a finished food product that does not itself contain cannabinoids.
  • Is an inhaled product that contains an added flavor (examples given: fruit, mint, menthol, vanilla, chocolate, spice, or other common flavors).
  • Contains an ingredient not approved by the U.S. Food and Drug Administration (FDA) for use in food.
  • Uses images or language that could lead consumers to believe the product has a flavor other than the actual cannabis flavor.
  • These disqualifying criteria apply specifically to lower-potency hemp edibles and hemp-derived products.

• Inhaled products and added flavors

  • Explicit prohibition on approving an inhaled cannabis product or hemp-derived product that includes an added flavor (e.g., fruit, mint, menthol, vanilla, chocolate, spice, etc.).

Definitions and Scope

• Product category

  • A product category is a type of product that can come in different sizes, packaging, or prices but is created through the same manufacturing or agricultural processes. Variants using new SKUs/UPCs that still fit the same category are not treated as a new product type.

• Terms and calculations

  • Total THC and THCA are defined to standardize how potency is measured across products.
  • The use of the FDA is referenced in disqualifying criteria (FDA-approved for use in food), indicating alignment with federal food safety standards.

• Product types affected

  • Cannabis flower
  • Cannabis products (general)
  • Lower-potency hemp edibles
  • Hemp-derived consumer products

Significant Changes to Existing Law

• Adds a prohibition on added flavors for inhaled products

  • This is a new restriction targeting flavor innovation specifically for inhaled cannabis products.

• Establishes detailed disqualifying criteria for hemp edibles and hemp-derived products

  • Introduces several consumer-safety and public-interest safeguards, including prohibiting products that mimic child-oriented candy, imitate meat/dairy products, or use imagery/ingredients not FDA-approved for food.

• Introduces a formal framework for product category approval and THC limits

  • Creates a formal process for approving product categories and setting total THC limits, with a defined calculation method for total THC.

• Emphasizes consumer protection and marketing controls

  • Prohibits imagery or language that could mislead consumers about a product’s flavor and restricts adding flavors to inhaled products.

Practical Implications

• Manufacturers and retailers may need to adjust product development and labeling to comply with new disqualifying criteria and flavor restrictions.
• The regulatory office gains new authority to define product categories, set THC limits, and evaluate products against specific safety and marketing criteria.

Relevant Terms - added flavor - inhaled cannabis product - product category - total THC - THCA - 0.877 (conversion factor) - cannabis flower - cannabis products - lower-potency hemp edible - hemp-derived consumer product - SKU - UPC - FDA (Food and Drug Administration) - synthetic cannabinoid - lollipop - ice cream - flavor imagery - marketing to children - flavor disallowance