1. A. A marijuana establishment that prepares, sells, or otherwise transfers marijuana-infused edible food products shall:

   1. 1. Before preparing, selling, or otherwise transferring a marijuana-infused edible food product, obtain a license or permit as a food establishment under 9 A.A.C. 8, Article 1;
   2. 2. If the marijuana establishment prepares the marijuana-infused edible food products, ensure that the marijuana-infused edible food products are prepared according to the applicable requirements in 9 A.A.C. 8, Article 1;
   3. 3. If the marijuana-infused edible food products are not prepared at the marijuana establishment, ensure that the other marijuana establishment or dispensary that prepares the marijuana-infused edible products for the marijuana establishment has a current license or permit as a food establishment under 9 A.A.C. 8, Article 1, to prepare marijuana-infused edible food products; and

   4. 4. If a marijuana establishment sells or otherwise transfers marijuana-infused edible food products, ensure that the marijuana-infused edible food products:

      1. a. Are sold or otherwise transferred according to applicable requirements in 9 A.A.C. 8, Article 1;

      2. b. In compliance with A.R.S § 36-2854(A)(7), contain no more total tetrahydrocannabinol than:

         1. i. 10 mg of per serving; or
         2. ii. 100 mg per package; and

      3. c. If packaged as more than one serving, are:

         1. i. Scored or otherwise delineated into standard serving size, and
         2. ii. Of homogeneous consistency to ensure uniform disbursement of total tetrahydrocannabinol throughout the edible food product.
2. B. A marijuana establishment is responsible for the content and quality of any edible food product sold or dispensed by the marijuana establishment.

Historical Note

New Section made by exempt rulemaking at 27 A.A.R. 140, effective January 15, 2021 (Supp. 20-4). Amended by exempt rulemaking at 28 A.A.R. 2481 (September 23, 2022), with an immediate effective date of September 8, 2022 (Supp. 22-3). Amended by exempt rulemaking at 29 A.A.R. 2453 (October 13, 2023), effective October 1, 2023 (Supp. 23-3).