Compliance in the Legal Market
Regulatory compliance protects companies & customers.
Until cannabis is legalised federally, cannabis packaging laws will continue to be formulated state-by-state. Many states will also require different packaging/labelling for medical cannabis versus recreational cannabis businesses. They must follow their state’s rules to a tee to continue trading. Although seen by many as making rules for the sake of it, regulatory compliance helps keep weed businesses in operation, protect company integrity, and ensure customers’ safety.
California is always considered the test case regarding cannabis regulation and law reform as it was the first state to legalise medicinal and recreational use. Here are five fundamental regulatory changes impacting cannabis packaging and labelling, recyclability claims, and inhalable cannabis products being rolled out in 2023.
Flavoured Inhalable Cannabis Products Prohibited in California
New regulations have been introduced that limit the substances that can be used to add flavour to inhaled products, including flavours that are attractive to children.
Vapes, flower, and pre-rolls are only permitted to contain natural aromatic and flavour compounds that contribute to the natural flavour or aroma of cannabis. In addition, ingredients used in inhalable cannabis products are limited to cannabis, concentrate, authentic plant terpenes, rolling paper, leaf, pre-roll filter tips, and non-active ingredients approved by the FDA for inhalation.
“Terpenes” is defined as “terpenes, terpenoids, flavonoids, polyphenols, and other naturally occurring phytochemicals and secondary metabolites contributing to the aroma or flavour of cannabis.
Warnings for Products and Businesses That Expose People to Cannabis Smoke and Delta-9 THC
California’s Office of Environmental Health Hazard Assessment (OEHHA) expanded upon the state’s Proposition 65 warning requirements for products and places of business that can expose individuals to cannabis smoke or delta-9 THC. The new regulations went into effect on October 1, 2022. A one-year phase-in period and an unlimited sell-through provision for products manufactured and labelled with compliant warnings before October 1, 2023.
Compliance and Recycling
There are vast differences between the weed you buy legally and the weed you buy on the street. You can tell them apart by the California-certified symbol you find on all products in the legal marketplace. This is important because this logo, a marijuana leaf with an exclamation inside a triangle with CA below it, gives you surety that the product is legal. It provides crucial information about it, too, such as it is securely packaged and independently tested.
New 2023 rules state that the universal symbol may be printed in black or white. In addition, where there are multiple layers of packaging, only the universal symbol is required on the immediate container that holds the product.
Beginning July 1, 2024, the package and label of a cannabis cartridge and an “integrated cannabis vaporiser” cannot state that the cannabis cartridge or integrated cannabis vaporiser is disposable nor imply that it can be discarded in the trash or recycling streams. Recycling statements will also be expected to be included with the advertising and marketing of integrated vaporisers and cannabis cartridges beginning July 1, 2024.
Chasing Arrows and Other Recycling Claims
Beginning January 1, 2024, representing that a product is recyclable using the recognisable chasing arrows symbol or the term “recyclable” may only be used in California if specific recyclability criteria are met. For example, a product is not recyclable in California if it includes components, inks, dyes, bonds, or labels that contain its recyclability.
The evolution of cannabis packaging has come a long way following the rise of legalisation. However, with adult-use legalisation spreading rapidly, laws surrounding packaging will continue to evolve to deliver consumers the safest, highest-quality product.
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Liz Filmer
