AN ACT Relating to marijuana-infused edible product packaging and labeling requirements; and adding a new section to chapter 69.50 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 69.50 RCW to read as follows:

(1) A package containing marijuana-infused edible product in solid form that contains more than one serving in the package and is sold at retail must comply with the requirements of this section at the time the package is sold at retail.

(a) Individual servings may be placed loose in an outer package that is child-resistant if each serving is marked, stamped, or otherwise imprinted with the symbol described in subsection (2) of this section.

(b) Individual servings may be placed in an outer package that is not child-resistant if each individual serving is in a package that is child-resistant.

(c) Individual servings may be placed in an outer package that is child-resistant and each individual serving may also be in a package that is child-resistant.

(2) If a serving of marijuana-infused edible product in solid form that is sold at retail is marked, stamped, or otherwise imprinted with a symbol in order to be packaged as provided in subsection (1)(a) of this section, then the symbol:

(a) Must prominently include an exclamation point and the letters "THC";

(b) May not include other words, letters, shapes, or marks except as provided in (c) and (d) of this subsection;

(c) May include a shape that encloses the information that must be included under (a) of this subsection and the information that may be included under (d) of this subsection;

(d) May include the letter "M" if the marijuana-infused edible product in solid form is classified as a compliant marijuana product by the department pursuant to RCW 69.50.375(4);

(e) Must be marked, stamped, or otherwise imprinted directly on at least one side of each serving of the marijuana-infused edible product in solid form;

(f) Must be distinguishable and easily recognizable; and

(g) Must be centered either horizontally or vertically on each serving of marijuana-infused edible product in solid form, and:

(i) If centered horizontally on a serving, the height and width of the symbol must be of a size that is at least twenty-five percent of the serving's width, but not less than one-quarter inch by one-quarter inch; or

(ii) If centered vertically on a serving, the height and width of the symbol must be of a size that is at least twenty-five percent of the serving's height, but not less than one-quarter inch by one-quarter inch.

(3) If marijuana-infused edible product in solid form that is sold at retail is of a type, size, or design that makes it impossible or impracticable to mark, stamp, or otherwise imprint the symbol directly on each serving as provided in this section, and there is more than one serving in the package containing marijuana-infused edible product in solid form, the package must comply with subsection (1)(b) or (c) of this section at the time of the retail sale.

(4) Nothing in this section requires each serving of marijuana-infused edible product in solid form that is sold at retail to be marked, stamped, or otherwise imprinted with the symbol in this section, even if it is possible or not impracticable to do so.

(5) For purposes of this section, "child-resistant" means:

(a) In compliance with the child-resistant packaging standards in Title 16 C.F.R. Part 1700 of the poison prevention packaging act of 1970 regulations as they exist on January 1, 2017; or

(b) Consists of plastic four mil or greater in thickness and is heat sealed with no easy open tab, dimple, corner, or flap.

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