AHEAD OF THE GAME

Over the past several years, cannabis edibles have evolved from your typical “pot brownie” to infusing every food imaginable. The edibles market has undergone a major revolution bringing to market innovative food products that not only serve as medicine, but also taste delicious. Unfortunately, like the rest of the cannabis industry, edibles are largely unregulated by state and local lawmakers; leaving edible manufacturers to cobble together best practices and self-regulate in order to get a safe product on the shelves.

Thankfully, with the passage of the Medical Cannabis Regulation and Safety Act (MCRSA), edible manufacturers will have clear regulations to follow at the state level. Of course, with any new regulations will come newly acquired responsibilities. Cannabis artisans, chefs and bakers will be regulated by the Department of Public Health and be required to obtain express local approval for their cannabis kitchens. To the new or seasoned edible manufacturer, making the transition into a more regulated market may seem daunting, but there is no time like the present to start implementing changes. MCRSA speaks very clearly to requirements for edible manufacturers, and San Diego County has some very clear regulations for establishing a commercial kitchen.

First, any kitchen that prepares, stores, or serves food should become familiar with general food handler and food retailer regulations. These requirements may involve acquiring a food-handling certificate, undergoing health inspections and potentially remodeling the kitchen or facility.

“To the new or seasoned edible manufacturer, making the transition into a more regulated market may seem daunting, but there is no time like the present to start implementing changes.”

MCRSA adds California Bus. & Prof. Code § 19347, which sets forth clear labeling requirements for all cannabis products and states that prior to delivery or sale at a collective, medical cannabis products shall be labeled and in a tamper-evident package. Labels and packages of medical cannabis products need to contain the following information in clear and legible font: Manufacture date and source, the statement “SCHEDULE I CONTROLLED SUBSTANCE,” the statement “KEEP OUT OF REACH OF CHILDREN AND ANIMALS,” the statement “FOR MEDICAL USE ONLY,” the statement “THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE DELAYED BY UP TO TWO HOURS,” the statement “THIS PRODUCT MAY IMPAIR THE ABILITY TO DRIVE OR OPERATE MACHINERY. PLEASE USE EXTREME CAUTION,” a warning if nuts or other known allergens are used, a list of pharmacologically active ingredients, including, but not limited to THC, CBD, CBDN, THCA and CBDA, must indicate milligrams of each cannabinoid per serving; number of servings in package; and total milligrams per package, a clear indication that the product contains medical cannabis, identification of the source and date of cultivation and manufacture and any other requirement set by the bureau.

A quick pop into your local San Diego collective will show you very clearly what edible companies are following and adapting to these changes and those who are not. Sadly, there are a great many San Diego-based edible cannabis companies that do not follow any of the above-mentioned rules. The days of simply putting the dosage and “Prop 215 Compliant” on your package are behind us. It cannot be stressed enough that it would be wise to begin making these changes now so that when state license become available, you are ready to apply and you’ve got your MCRSA compliant packaging to show for it!

Unfortunately, at this time, there are not any cities within San Diego County that permit or expressly allow cannabis food manufacturing. However, edible companies should still be taking note of San Diego County’s rules for setting up a food retail business as a way to be prepared for if and when local licensing becomes available.

With the continued evolution the cannabis industry, cities and counties like San Diego are ripe to craft regulations for local cannabis kitchens. By following the guidance above, you’re putting your business in the best position to continue to evolve with the industry and have a long lasting impact on the market.