Cannabis Packaging Laws in California

AB110 provides that all cannabis pop top bottles, exit packaging, and other packaging sold must be certified child-resistant. I think we can all agree that this sort of regulation is common sense, and we all knew it was going happen at one point or another. While many will find child resistant solutions easily with items like Child Resistant Pop Top Bottles, Mylar Dispensary Bags, and Pre-Roll Tubes, some product manufacturers may struggle to find child resistant packaging options for their products.

Child Resistant Exit Bags like the one pictured above will help keep many dispensaries complaint with child -resistant packaging laws.

Enter the Child Resistant Exit Bag:

Child Resistant Exit Bags are the ultimate solution for products that aren’t child resistant. Once an item is placed into child resistant exit packaging, the item is now child resistant, making it the perfect choice for dispensaries looking to stay compliant.
Two types of Labels will be required to be placed on cannabis products. The first is called a “Primary Panel” which will include:

The identity of the product in a text size reasonably related to the most prominent printed matter on the panel.
The words “cannabis-infused” immediately above the identity of the product in bold type and a text size larger than the text size used for the identity of the product.
The cannabis product symbol shown below further down in this article.
The net weight or volume of the contents of the package.
The THC content and CBD content for the package in its entirety, expressed in milligrams per package.
The THC content and CBD content per serving, expressed in milligrams per serving.
The content of other cannabinoids or terpenes per serving if such information is verified by the certificate of analysis issued by a licensed testing laboratory pursuant to Business and Professions Code section 19344.
The primary panel text must be in type size no less than 6 point font and be in relation to the size of the primary panel and container.

The second label which must be affixed to a cannabis product is called the “Informational Panel”, which must include:

The licensed manufacturer and its contact number or website address.
The date of manufacture.
Each of the following statements:

(1) “SCHEDULE I CONTROLLED SUBSTANCE.”
(2) “KEEP OUT OF REACH OF CHILDREN AND ANIMALS” in bold print.
(3) “FOR MEDICAL USE ONLY.”
(4) “IF PREGNANT OR BREASTFEEDING, CONSULT A PHYSICIAN PRIOR TO USE.”
(5) “THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE DELAYED BY UP TO TWO HOURS.”
(6) “THIS PRODUCT MAY IMPAIR THE ABILITY TO DRIVE OR OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.”

(7) The lot number.

(8) The product expiration date, “use by” date, or “best by” date.

(9) The unique identifier.

The informational panel text shall be in a type size of no less than 6 point font and in relation to the size of the primary panel and container, unless there is insufficient area on the container available to print all the required information in a type size of no less than 6 point font. In such a case, the label shall include the warning statements required by paragraph (3) in a type size of no less than 6 point font, and the product shall be accompanied by a supplemental labeling that includes all of the information required by this section. The text of the supplemental labeling shall be no less than 8 point font.

Order Compliant Labeling

Special rules for Edibles:

A list of all product ingredients in descending order of predominance by weight or volume.
If an edible product that contains an ingredient, flavoring, coloring, or an incidental additive that bears or contains a major food allergen, the word “contains,” followed by a list of the applicable major food allergens;
The names of any artificial food coloring contained in the product.
The amount, in grams, of sodium, sugar, carbohydrates, and total fat per serving.
Instructions for use, such as the method of consumption or application, and any preparation necessary prior to use.
If an edible product that contains an ingredient, flavoring, coloring or an incidental additive that bears or contains a major food allergen, the word “contain,” followed by the list of the applicable major good allergens.
If an edible product, the names of any artificial food coloring contained in the product.

Cannabis Packaging Laws in California – the new label

New symbol that will have to be placed on cannabis products in California:

New California THC Symbol will be required to be on cannabis products.

Similar to Colorado and Oregon, California has rolled out their own symbol which will have to be affixed to all cannabis products sold legally in the state. Labels should replicate the following form and color, and in addition should be no smaller than 1/2 inch by 1/2 inch. The label should also be printed legibly and conspicuously.

Packages and labels shall not be made to be attractive to children.

Concentrate vendors and edible companies may be in for a rude awakening with this one, as the new guidelines for packaging state that packaging should not imitate any products that appeal to children. Any packaging that contains cartoon characters, images, or phrases that are popularly used to advertise to children, are out of the question.

Edibles must be placed in Opaque Packaging.

Apparently the State of California figured that transparent packaging will make it too easy for wandering eyes to find brownies and cookies that are infused with cannabis, and all packaging for marijuana edibles will have to be opaque.

Browse Opaque Mylar Bags, Pop Top Bottles

Packaging must be resealable.

If the package contains more than one serving of cannabis product, the package shall be re-sealable so that child-resistance is maintained throughout the life of the package.

Tamper Evident Packaging is a new requirement for cannabis products in California.

Tamper Evident Packaging

The state of California has also made provisions to include tamper evident packaging in their regulations. This means that the product shall be packaged in a container within which a product is sealed so that the contents cannot be opened without obvious destruction of the seal. Shrink bands, heat sealable mylar bags, to labels which must be broken to open the product, will be popular options for creating tamper evident, compliant products.

Products must in be in final form when they reach the distributor.

Prior to release of a product to a distributor, a licensee shall ensure that the product is in finished form and is labeled and packaged in its final form for sale at a dispensary.

Products will have to leave the dispensary in opaque packaging.

This means that not necessarily will all packaging have to be opaque. But, when customers leave the dispensary, their products will have to be placed in opaque exit packaging. Translucent pop tops, joint tubes, mylar bags, will still be around, but will have to be put in exit packaging that conceals it from view of the public, or according to AB 110: “The bill would prohibit cannabis or cannabis products purchased by a customer from leaving a licensed retail premises unless they are placed in an opaque package.”

Untested products must be labeled as untested.

The bill, commencing Jan 1, 2018 will authorize a licensee to sell untested cannabis for a limited time, as determined by the bureau, if the products are labeled as untested, but comply with other requirements by the bureau. This packaging must state “This product has not been tested as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act”.