“Cherry Lemonade” was a proposed cannabis strain name denied approval by the Pennsylvania Department of Health (the department). The department may be engaging in improper rulemaking—relying on a labeling regulation to deny strain names it thinks are potentially attractive to children, too recreational, or inappropriate for the state’s medical marijuana program. However, the department seems to lack authority to deny strain names for these reasons. Further, after reviewing public records provided by the department in response to a Right-to-Know Law request, its denials appear inconsistent. For example, although it denied “Cherry Lemonade,” it approved “Cherry Dosi Do” and “The White Cherry.”

This article outlines what the department is doing, why its conduct may raise concerns given state rulemaking obligations, and how that could harm Pennsylvanians in the state’s medical marijuana program.

What Are Cannabis Strains?

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