Baking rules

The state Board of Health approved rules for edible medical marijuana.

The state Board of Health voted on Tuesday to send food safety rules for marijuana edibles to Gov. Mary Fallin.

Some advocates welcomed the vote, saying it would bring clarity to the market for cannabisinfused food.

A food safety standards board had put together the recommendations over the course of three hours-long meetings in August. The standards largely line up with rules for foods that don’t include marijuana, but they do have some additional testing and labeling requirements, said Buffy Heater, project manager for the Oklahoma Medical Marijuana Authority.

Chip Paul, a founder of pro-marijuana group Oklahomans for Health, said some processors have started making edibles, but they’ve been operating on “shaky ground” because the rules weren’t finalized. He said he thinks the rules are in line with other foods and products such as dietary supplements.

“I think that’s very responsible,” he said.

Kim Bailey, chief legal counsel and chief operating officer at the state Health Department, said staff checked with the attorney general’s office to ensure the rules wouldn’t exceed the department’s authority.

The board had walked back its first medical marijuana regulations on the attorney general’s advice after several people sued the department, alleging it overstepped its bounds by prohibiting smokable forms of marijuana and requiring dispensaries to hire pharmacists.

If Fallin signs the rules, marijuana processors will be required to label all edible products with the amount of tetrahydrocannabinol (THC) they contain. THC is the chemical that produces a “high.” Each food item also must list the Poison Control hotline number in case of accidental ingestion.

Processors also must test one lot of product each quarter for harmful bacteria, mold, metals such as lead or mercury, chemical residues, pesticides and other contaminants. If a product fails testing, the processor has to work with the Health Department to recall any edibles that already have gone to market.

“What we’ve heard anecdotally is that many folks in the industry are already having their products tested,” Heater said.

The rules could change again if the Legislature chooses to act when it returns in February, but Paul said he expects most businesses can adapt.

“Just tell us what you want us to do and we’ll do it,” he said.