The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. It is the OMMA’s position that marijuana-infused slushies are unlikely to meet requirements set forth in Oklahoma statutes and rules, including, but not limited to:
- All products must be in child-resistant packages. Generally, this means the package must be difficult for a 5-year-old to open; opaque; and, if intended for multiple uses (for example, containing multiple servings), capable of being resealed while remaining child-resistant. [See 63 O.S. 427.2 and OAC 442:681-1-4]
- The medical marijuana production batch that must be tested is the finished product. In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup. If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate. [See OAC 442:10-1-4 and OAC 442:10, Subchapters 7 and 8]
- Dispensaries are not allowed to alter, package, or label products. In addition, dispensaries must refuse to accept or return any medical marijuana products that have not been properly tested, packaged, and labeled by a licensed processor. [See OAC 442:10-1-4 and OAC 442:10-7-1(b)]
Additionally, slushies are considered food products and must be compliant with Oklahoma State Department of Health (OSDH) food regulations. For more information, please visit the OSDH Consumer Health Service Food website.
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