THC-Infused Slushy Sales Has Oklahoma Medical Marijuana Authority Issuing Memo

There are new products in Oklahoma's marijuana dispensaries, including THC-infused slushies, that have the state agency that's responsible for regulating the medical marijuana program issuing a memo.

At Fighting Flower Dispensary in Tulsa, you can buy edibles, concentrates, drinks, flowers and now THC-infused slushies. Several customers, including one who asked to stay anonymous, said they are fans of the drink.

"It's definitely been a go-to right after work just to cool down,” said the man who told News On 6 cannabis helps with his chronic pain. “People like to have a beer after work. I'd rather do something that's not going to leave me somewhat inebriated."

Drew Todhunter, owner of the management group that owns Fighting Flower, said the dispensary bought the machine from a licensed company called Glazee a few months ago.

Todd Hunter said the $15 drink comes premade with THC, and the budtender pours it directly into a childproof cup that is labeled with the required information that Glazee provides.

“They're completely compliant under my understanding of the law," said Todhunter.

However, the Oklahoma Medical Marijuana Authority issued this guidance on its website this month:

The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. It is the OMMA’s position that marijuana-infused slushies are unlikely to meet requirements set forth in Oklahoma statutes and rules, including, but not limited to:  

1. All products must be in child-resistant packages. Generally, this means the package must be difficult for a 5-year-old to open; opaque; and, if intended for multiple uses (for example, containing multiple servings), capable of being resealed while remaining child-resistant. [See 63 O.S. 427.2 and OAC 310:681-1-4] 
2. The medical marijuana production batch that must be tested is the finished product. In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup. If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.  [See OAC 310:681-1-4 and OAC 310:681, Subchapters 7 and 8]
3.  Dispensaries are not allowed to alter, package, or label products. In addition, dispensaries must refuse to accept or return any medical marijuana products that have not been properly tested, packaged, and labeled by a licensed processor. [See OAC 310:681-1-4 and OAC 310:681-7-1(b)] 

Additionally, slushies are considered food products and must be compliant with the Oklahoma State Department of Health food regulations. For more information, please visit the  OSDH Consumer Health Service Food website. 

Despite the warnings, OMMA has not threatened to prevent dispensaries from selling, so Fighting Flower plans to keep pouring.

"Everything has been going out in compliant packaging,” said Todhunter. “So, if it leaves the store in a compliant package, then I personally don't see an issue with it."