How to Keep Up with Packaging Requirements and Regulations as More U.S. States Legalize Marijuana

As of January 2022, 18 states have legalized the consumption and sale of adult-use and medicinal marijuana in the U.S. Eleven of these states have established marijuana stores to sell adult-use marijuana. 36 states have legalized marijuana for medical use, and many others have decriminalized possession of small amounts of marijuana. These laws have subsequently launched an entirely new industry of growers, distributors, and processors, as well as various public safety regulations regarding the packaging and distribution of cannabis products. the legalization of recreational marijuana in the United States was further accelerated in April 2022, when the U.S. Senate unanimously approved the Marijuana Reform Act on the same day the House scheduled a vote on legalization.

For those working in the cannabis industry, navigating the requirements of each state can be a daunting task. Legalization of marijuana in many states has brought a flood of new marijuana-infused products. From pills to chewing gum, oils, creams, and even high-end cannabis-infused treats, each type of product requires special consideration to keep it fresh, safe and out of the reach of children. The laws surrounding packaging are constantly evolving, further complicating the issue.

At a minimum, most states require an opaque container that is child-friendly and designed to protect the product from contamination or spoilage. Many states have stricter laws, like Nevada, and even have specific requirements on the thickness of plastic and the style of cork used for liquid containers. In addition to specific regulations on packaging, each state has its own labeling laws. Labeling requirements for flowers, edibles, oils, and other products can vary, often requiring information such as lot numbers, weights, health warnings, and evidence of third-party testing.

The best way to stay ahead of packaging regulations for cannabis products is to do your research and then adopt some consistent best packaging practices. Cannabis packaging laws are usually published on a state's website. Don't trust blogs, articles or third-party sites to give you the latest information. Check the regulations frequently and keep in touch with your state's regulatory office for updates.

Once you understand the regulations you must comply with, it's time to partner with a packaging supplier who understands the needs of this growing industry. Look for packaging designed specifically for cannabis use; carefully review its features for compliance with state law. Ask how to print labels on packaging or update additional labels if needed, and make sure the person you're buying has some knowledge of the material and strength of the product they're selling.

It's a good idea to stay in touch with local policy makers and research any legislation your state is about to pass. Then, talk to your packaging company about how you can stay ahead of changing regulations.

Always remember that it is entirely the responsibility of the cannabis supplier or distributor to understand and comply with regulations regarding cannabis packaging. Choosing a reliable packaging supplier with a track record of quality is one of the best ways to avoid packaging failures that could cost your business.