Pre-Pack Preparation

OMMA has received numerous questions regarding the upcoming pre-packaging requirements per House Bill 3361 that go into effect on June 1, 2025. Although we are still navigating the rulemaking process, we’ve prepared an initial FAQ of the most common questions we’ve received so far.

Q: Why do businesses have to pre-package medical marijuana and medical marijuana products beginning June 1, 2025?

A: House Bill 3361 was authored by Rep. T.J. Marti and Sen. Bill Coleman and signed into law by Gov. Kevin Stitt during the 2024 legislative session. The law requires all medical marijuana and medical marijuana products, except concentrates, be sold in pre-packaged quantities between 0.5 grams and 3 ounces.

Q: What types of medical marijuana and medical marijuana products have to be pre-packaged?

A: According to House Bill 3361, all medical marijuana flower, trim, shake, kief, medical marijuana products or other flower-based products that aren't considered concentrate must be sold in pre-packaged form. Products must be sold by licensed processors and growers to licensed dispensaries in pre-packaged quantities between 0.5 grams and 3 ounces.

Q: Does pre-packaging have to be opaque?

A: According to House Bill 3361, non-opaque materials may be used when packaging medical marijuana flower provided all other state packaging and labeling requirements are met and it is placed in an opaque container before leaving a dispensary.

Q: Will there be a grace period to sell deli-style inventory?

A: All medical marijuana and medical marijuana products sent to a dispensary on or after June 1, 2025, must be pre-packaged. However, if a dispensary accepted deli-style flower into its inventory before June 1, 2025, they may continue to sell it until they run out.

Q: Do medical marijuana laboratory testing samples have to be pre-packaged before they are sent for testing?

A: No, the pre-package requirements only apply to medical marijuana and/or medical marijuana product transferred to dispensaries.

Q: Can pre-packaging be opened at a dispensary, and if so, under what circumstances?

A: Pre-packaging must be tamper-evident and remain sealed and unopened with a few exceptions. Dispensaries may open pre-packaged medical marijuana to display samples, which allow patients to see and smell medical marijuana before purchase or to create non-infused pre-rolls.

Q: Can a patient still see and smell medical marijuana?

A: Yes, dispensaries can still display samples of medical marijuana in display cases, jars or containers to allow medical marijuana patients and caregivers to smell the various strains sold by a dispensary.