General Compliance and Legal Requirements for Cannabis Packaging in the USA
The rapid growth within the U.S. cannabis industry jump-started the wheels in their state senates to swiftly build legal infrastructure. After the commercialization of these cannabis products, the higher-ups began to streamline the look of the industry countrywide.
What better way to begin with than product packaging? Since packaging plays a significant role in how products are marketed to the public, users, and non-users, it’s a high-risk game.
To mitigate potential risks and take precautions on behalf of legal authorities, cannabis companies must comply with packaging laws implemented in their respective states.
Five Key Factors in Cannabis Packaging
Although each state works with an original framework, there are quite a few similarities in each law. These are a few straightforward, no-excuses regulations that protect your customers and your company.
Your company is a major stakeholder because of the potential Product Liability and other hazardous claims related to how you’ve presented your product.
While you can opt for cannabis insurance for protection, any cannabis insurance broker will first advise you to stick to the law. Take their word!
Since each state has different packaging requirements, you should lean on government sources for a detailed guide related to your respective state.
Following are the five synonymous packaging regulations in most U.S. states:
1. Functional – Appropriate and Protective of the Contents
Among the most important aspects of packaging comes its basic functioning. No package should be easily tearable, breakable, or tarnished (leading to damaged products). It should be sensible packaging that meets the packing needs of your product.
By providing secure packaging, you’re reducing the risk of broken, rotten, contaminated, or deteriorated products. That ensures your product reaches its destination in the intended state and reduces the chances of customer complaints and claims.
All other packaging requirements are additions to this initial requirement.
2. Child-Resistant – Special Packaging for Those Under Five Years of Age
Packaging that is easily accessible, breakable, or tearable isn’t child-resistant. To be CR packaging, it shouldn’t be openable by a child (by following instructions or using force) under the age of five.
As cannabis products may be harmful to children, whether topical or ingestible, strict regulations are placed to reduce such accidents.
However, you still have many options of packaging to choose from. Special packaging includes jars, tins, tubes, and even bags.
Another rule that goes in hand with CR packaging is that no cannabis product packaging should be attractive to minors.
3. Tamper-Evident – Any Damage or Openings Should Be Visible
Accidental or intentional tampering with any product you manufacture should be clear through the packaging. In case a customer receives a previously opened package, there should be no ambiguity over the situation.
Tamper-evident packaging mainly includes packing where a seal must be broken to access the product. There also shouldn’t be multiple or hidden ways to open a package.
This rule caters to the safety of the intended user and any other party that may have used an edible product.
4. Resealable – Store Products With More Than One Serving
No matter the recreational nature of cannabis products, they can’t be grouped with their non-cannabis twins. For example, CBD gummy isn’t the same as candy, so you can’t expect consumers to finish a whole pack in one sitting because of the dosage.
Cannabis products should be in resealable bags to be consumed over time. So, they should remain fresh, retain any smell or texture, and remain sealed in a child-resistant manner.
Your priority with resealability is preserving the experience of your product and its safety.
5. Opaque – Edible Cannabis Products Shouldn’t Be Visible
Opacity has many benefits but mainly coincides with the rules of processed food packaging we see daily. No edible cannabis foods should be visible through their packaging, whether a bottle, jar, wrapper, etc.
The biggest benefit to this is keeping goodies away from the sun and the prying eyes of those who can’t have them, i.e., children.
You can bring opacity through the color or material, but it should be foolproof.
In a Nutshell
Cannabis product packaging is a strict business. You’re not only liable for the quality of the product that reaches your customers and how they perceive it through its presentation. Plus, your packaging can never be counterintuitive or focused on the fluff.
It’s important to remember that each state has specified provisions within its limits. It is best to focus more on detailed guides to avoid unwanted run-ins with the law.
