Laboratory requirements

(a) A producer shall assign a brand name to each marijuana product. A producer shall register each brand name with the department, on a form prescribed by the commissioner, prior to any sale to a dispensary facility and shall associate each brand name with a specific laboratory test that includes a terpenes profile and a list of all active ingredients, including: (1) Tetrahydrocannabinol (THC); (2) Tetrahydrocannabinol acid (THCA); (3) Cannabidiols (CBD); (4) Cannabidiolic acid (CBDA); and (5) Any other active ingredient that constitutes at least 1% of the marijuana batch used in the product. (b) A producer shall not label two marijuana products with the same brand name unless the laboratory test results for each product indicate that they contain the same level of each active ingredient listed within subsection (a)(1) to (4), inclusive, of this section within a range of 97% to 103%. (c) The department shall not register any brand name that: (1) Is identical to, or confusingly similar to, the name of an existing non-marijuana product; (2) Is identical to, or confusingly similar to, the name of an unlawful product or substance; (3) Is confusingly similar to the name of a previously approved marijuana product brand name; (4) Is obscene or indecent; (5) May encourage the use of marijuana for recreational purposes; (6) May encourage the use of marijuana for a condition other than a debilitating medical condition; (7) Is customarily associated with persons under the age of 18; or (8) Is related to the benefits, safety or efficacy of the marijuana product unless supported by substantial evidence or substantial clinical data.