The cannabis industry in California is booming. Cannabis businesses across the state are working tirelessly to meet demand. But they still need to comply with various business, environmental, and local requirements. And like other regulated industries, there are strict cannabis packaging and labeling guidelines.
Staying on top of these regulations with help from a lawyer is critical if you hope to remain in business and thrive. At McElfresh Law, we have the knowledge and experience to help keep your cannabis business in compliance. As your cannabis packaging & labeling compliance lawyer, attorney Jessica McElfresh will ensure that your products meet industry and regulation standards.
Do Your Products Meet Packaging & Labeling Standards?
Making sure that your cannabis products comply with California’s packaging and labeling laws is essential. Violations can put your license at risk, and following the rules means more than just a THC warning.
Child Proof Cannabis Packaging
Under the law, cannabis products must have child-proof packaging. Only certified products as child-resistant under the federal Poison Prevention Packaging Act will comply.
How can you ensure your packaging is child-proof?
Start by never including an easy-open tab. You want these packages to be difficult to open. You want the consumer to tell at first glance whether the product has been tampered with. You can do this by placing a seal or sticker across the top of the jar’s lid.
Keep your plastic packing at a minimum of four-thousandths of an inch thick. Make sure your plastic packaging is heat-sealed as well. If you are using bottles, seal them with a pry-off metal crown bottle cap.
Cannabis Primary & Information Labels
The primary label is the one the consumer is most likely to see on display and the packaging.
Cannabis product information on the primary label should include:
- What the product is
- The product’s weight
- The universal symbol for CA licensed cannabis products
Information labels are any that are not the primary label. They include the UID number. This is the number issued through the Track-and-Trace system to the specific product.
Other details on an information cannabis label include:
- The name of the product’s business
- Business contact information
- The date the product was packaged
- A government warning in all capital letters
California’s regulations state that inserts or peel-back labels should be used if your cannabis product’s packaging is small.
Cannabis Advertising Rules
Getting ready to design your labeling? It’s critical that your labeling does not entice children in any way. For example, you can’t use cartoon-style images in your design. You can’t use any variation of the word “candy,” either.
Selling an edible cannabis product? Make sure to leave off an image of the product. You don’t want kids who might find this product to be encouraged to try it.
Your labeling must also not include any unproven claims. Don’t mention “organic” cannabis products. Do not make any unproven claims of health benefits. You can reference a specific county, but only if all the cannabis in the product was grown there.
Other Cannabis Regulations
There are numerous cannabis packaging and labeling requirements you need to meet. Some of them include:
- Inner containers must have basic labeling
- Inhaled cannabis products need to have the universal cannabis symbol
- Non-inhaled cannabis products must have primary labels
- Edibles just use the words “cannabis-infused”
- Consumers need to be able to reseal reusable products
- Edibles must not be visible through the packaging
- All written content on the labels should be in English
- All content should be in a font size six or larger
Keeping up with compliance regulations can be a challenge for busy cannabis business owners. Don’t risk your business by trying to do it alone. Work with an experienced cannabis business compliance lawyer at McEfresh Law.
We’ll review your labeling and packaging process, make suggestions, and find a way to keep you in the state’s and local community’s good graces.
Cannabis Packaging and Labeling: Violations & Penalties
Keeping your cannabis product packaging and labeling in compliance with state laws is imperative. Failure to do so can result in severe penalties. You could be issued massive fines, have your cannabis business license suspended or revoked, or found liable if something goes wrong.
Get Help From McElfresh Law
Working with an experienced marijuana business attorney like Jessica McElfresh is the best way to limit risk and build a successful venture.
McElfresh Law routinely works with marijuana businesses and local governments throughout the state. Based in San Diego, we help you from the very beginning, including making sure your packaging and labeling comply with all state and local rules.