In a notice sent out by Maine’s Office of Cannabis Policy (here):
The Office of Cannabis Policy (OCP) has received inquiries from cannabis beverage manufacturers regarding whether a “stay tab” can by itself is considered “child-resistant” for the purposes of satisfying the packaging requirements of section 9.4.1 of the Adult Use Cannabis Program Rule, 18-691 CMR, ch. 1 (AUCP Rule). OCP is providing the following guidance to provide clarification in response to that question.
In accordance with 18-691 CMR, ch. 1, 9.4.1, all edible cannabis products sold to consumers at adult use cannabis stores must be packaged, before sale to consumers, in a container “that is child-resistant in accordance with 16 C.F.R. Part 1700 (2018)”. Section 9.4.1 goes on to describe various kinds of packaging that are acceptable as long as they meet the child-resistant standard. Section 9.4.1(D) describes the packaging requirements for single-serving cannabis drinks that do not contain more than 10 milligrams of THC. Because of the way that section is structured, questions have arisen regarding whether packaging single-serve cannabis drinks in a stay tab can satisfies the child-resistant requirement or whether single-serve cannabis drinks packaged in these cans are exempt from the child-resistant requirement. The answer to both of these questions is “no”.
Licensees that manufacture single-serve cannabis drinks may package those drinks in stay tab cans, but those cans do not satisfy the child-resistant standards of 16 C.F.R. Part 1700. Therefore, licensees manufacturing and packaging these drinks in stay tab cans must add a cap or other acceptable child-resistant device to the can in order to make the product child-resistant and prevent accidental ingestion of the cannabis drink by children.
Licensees that are manufacturing or selling single-serve adult use cannabis drinks to consumers must ensure that all stay tab cans used to package those drinks include a child-resistant cap, cover, or other device over the stay tab to prevent accidental ingestion of the cannabis drink by children. Licensees with questions regarding this guidance should contact OCP’s Compliance Team at Compliance.OCP@maine.gov.