[History: Tribal Resolution #21-29.3368, enacted by Tribal
Council in Regular Session on September 9, 2021; as amended by Tribal
Resolution #23-41.3523, enacted by Tribal Council in Regular Session
on February 15, 2023; as amended by Tribal Resolution #23-41.3534,
enacted by Tribal Council in Regular Session on March 15, 2023.]
(a) All marijuana product sold by a licensee at a Marijuana Retail establishment
must, at a minimum, meet the following packaging requirements:
(1) The product must be in a sealed package;
(2) The product must be clearly labeled with the following information:
(A)
The name and license number of the licensee;
(B)
Net weight in United States customary and metric units;
(C)
Concentration of THC and CBD;
(D)
Activation time expressed in words or through a pictogram;
(E)
Batch number, identification tag, or label as is used to identify
the product in the tracking system described in § 1039 of
this ordinance;
(F)
Name of the marijuana safety compliance facility that performed
any test, any associated test batch number, and any test analysis
date. The universal symbol for marijuana product published as provided
by the Commission; and
(G)
Any other information required by the Commission.
(3) The product must be clearly labeled with a warning that states all
the following:
(A)
"For use by individuals 21 years of age or older only. Keep
out of reach of children."
(B)
"It is illegal to drive a motor vehicle while under the influence
of marijuana."
(C)
"National Poison Control Center 1-800-222-1222."
(b) All marijuana edible product packaging shall comply with the following:
(1) No edible marijuana product package can be in a shape or labeled
in a manner that would appeal to minors aged 17 years or younger.
No edible marijuana product can be associated with or have cartoons,
caricatures, toys, designs, shapes, labels, or packaging that would
appeal to minors.
(2) No edible marijuana product can be easily confused with commercially
sold candy. The use of the word candy or candies on the packaging
or labeling is prohibited. No edible marijuana product can be in the
distinct shape of a human, animal, or fruit or a shape that bears
the likeness or contains characteristics of a realistic or fictional
human, animal, or fruit, including artistic, caricature, or cartoon
renderings. Edible marijuana products that are geometric shapes and
simply fruit flavored are permissible.
(3) An edible marijuana product must be in opaque, child-resistant packages
or containers that have a child-resistant effectiveness level of not
less than 85% as determined by applicable consumer products safety
standards.
(4) An edible marijuana product containing more than one serving must
be in a resealable package or container that have a child-resistant
effectiveness level of not less than 85% as determined by applicable
consumer products safety standards.
(c) No marijuana processor may process, and no marijuana retailer may
sell edible marijuana-infused candy in shapes or packages that are
attractive to children or that are easily confused with commercially
sold candy that does not contain marijuana.
(d) No marijuana establishment may sell or otherwise transfer tobacco.
[History: Tribal Resolution #21-29.3368, enacted by Tribal
Council in Regular Session on September 9, 2021; as amended by Tribal
Resolution #23-41.3523, enacted by Tribal Council in Regular Session
on February 15, 2023; as amended by Tribal Resolution #23-41.3534,
enacted by Tribal Council in Regular Session on March 15, 2023.]
A licensee shall not sell or transfer products that exceed the
maximum THC concentration level established by the Commission. The
Commission shall publish a list of maximum THC concentration and serving
size limits for all marijuana products.
[History: Tribal Resolution #21-29.3368, enacted by Tribal
Council in Regular Session on September 9, 2021; as amended by Tribal
Resolution #23-41.3523, enacted by Tribal Council in Regular Session
on February 15, 2023; as amended by Tribal Resolution #23-41.3534,
enacted by Tribal Council in Regular Session on March 15, 2023.]
(a) A marijuana retailer may sell or transfer a marijuana product to
an individual 21 years of age or older if all of the following are
met:
(1) The licensee confirms that the customer presented his or her valid
driver's license or government-issued identification card that
bears a photographic image and he or she is 21 years of age or older.
(2) The licensee determines, if completed, any transfer or sale will
not exceed the purchasing limit prescribed in Subsection (d) of this
section.
(3) The marijuana product to be sold or transferred under this ordinance
has been tested, labeled, and packaged in accordance with this ordinance.
(b) A licensee
shall enter all transactions, current inventory, and other information
required by this ordinance in the tracking system described in § 1039.
The licensee shall maintain appropriate records of all sales or transfers
under this ordinance and make them available to the Commission upon
request.
(c) A licensee is not required to retain information from customers other
than the following:
(5) Other product descriptions.
(d) A licensee must ensure that all sales and transfers to an individual
21 years of age or older do not exceed 2.5 ounces of marijuana or
15 grams of marijuana concentrate in a single transaction.