When a majority of Colorado voters cast their ballots in favor of Amendment 64 in 2012, they chose to establish a legal, regulated marketplace for retail marijuana. By approving Amendment 64, they also prioritized protecting the public health and safety of marijuana consumers and non-consumers alike and, without question, keeping marijuana out of the hands of children.

After building the first in the world seed to sale regulatory program for retail marijuana, the state of Colorado faced unanticipated challenges which have presented a public health and safety challenge. One such challenge is how we deal with edible marijuana products. To address this dilemma, the General Assembly passed, and Gov. John Hickenlooper signed, House Bill 14-1366 to “protect people from the unintentional ingestion of edible retail marijuana products” and to “ensure that edible retail marijuana products are readily identifiable by the general public.” By implementing this legislation and fulfilling the intent of the legislature, the Department of Revenue’s Marijuana Enforcement Division (MED) – and its partners across state and local government, law enforcement and the marijuana industry – continue to focus on public health and safety.

The MED has licensed nearly 2,800 marijuana businesses in Colorado with over 28,000 individuals actively licensed to work in the industry. As of Oct. 1, 2016, MED requires all new medical and retail marijuana packaging to feature the new Universal Symbol on the front and must include the words “Contains Marijuana. Keep out of the reach of children.” Further, licensees must mark, stamp or imprint the Universal Symbol (see image) on every single standardized serving (consisting of 10 mg of THC) of an edible retail marijuana product. When impracticable to mark an edible retail marijuana product with the Universal Symbol, as in the case of bulk goods and powders, these products must be packaged in a single serving, child-resistant container.

If an edible retail marijuana product contains multiple servings, each single standardized serving must be marked, stamped or imprinted with the Universal Symbol.

Licensees in the medical marijuana industry will use a slightly different Universal Symbol (see image) on marijuana infused products. While medical marijuana infused products are not required to have the same standard serving sizes as retail products, manufacturers may choose to determine standard portions, each of which must feature the Universal Symbol. By Dec. 1, 2016, MED will require its retail store and medical center licensees to only sell marijuana imprinted with the Universal Symbol.

These new rules, deriving from legislative authority, are also the result of an extensive stakeholder process – designed to be fair, transparent and balanced. A work group was convened by MED and included the Colorado Department of Public Health and Environment, retail marijuana store licensees, retail marijuana product manufacturer licensees, child abuse prevention experts and advocates for children’s health. The work group operated under four guiding principles – that the new rules be defensible, operable, transparent and systematic.

Understanding the need for Coloradans and visitors to more easily identify marijuana products, MED and its partners concluded that this new Universal Symbol would be the best approach for a responsible rule that is practicable for industry to implement. In fact, some in the industry have chosen to comply early.

The MED will continue working with its licensed businesses to focus on a safe and fair regulated marijuana marketplace.