Department-issued variance allowing use of humidity control packets in final marijuana product

Pursuant to 19 CSR 100-1.020(1)(A), the Division of Cannabis Regulation (DCR) is granting a variance by modifying the provisions of 19 CSR 100-1.110(6)(G)2 and 19 CSR 100-1.120(1)(C)4. Licensees will be considered in compliance with the rule by complying with the following modified requirements:

For mandatory testing, it is the responsibility of the cultivation, manufacturing, or dispensary licensee to ensure processing of the lot is complete prior to sampling, with the exception of a humidity control packet as long as it meets the requirements below.

1. The packet is constructed from FDA-approved food contact substances.
2. Printed information on the humidity control packet is limited to language for safe use, such as instructions to not consume.

Except as specifically identified in 19 CSR 100-1.120(1)(C), labeling requirements apply to containers, wrappers, packages, and methods of administration that contain marijuana product, except seeds or plants. The labels required are not required on the paper for prerolls. Marijuana product packaging may not contain any information other than that specifically required by this subsection, except information to be in compliance with applicable local, state, and federal requirements, with the exception of a humidity control packet, which may be included as long as it is notated within the preapproval process required by 19 CSR 100-1.120(2).

DCR has determined that good cause exists for granting this variance as it allows the inclusion of specified humidity control packets in final marijuana product packaging following the completion of mandatory testing. This measure supports product stability and quality while ensuring safe, compliant product is made available to patients and consumers.

Thank you,
Erica Ziegler, Deputy Director
Division of Cannabis Regulation
Department of Health & Senior Services