Chapter 12Packaging and Labeling

Section § 26120

Explanation

This law sets specific packaging and labeling rules for cannabis and cannabis products before they are sold in retail stores. It requires the products to be in tamper-evident, child-resistant packaging with unique identifiers. Labels must include important information like government warnings, active ingredients (like THC and CBD), the amount of cannabis, and the product's origin. Packages cannot appeal to children and must use clear language if they contain allergens. Only simple food names are allowed for edible product ingredients. Clear or colored packaging is allowed for beverages, but cartridges and vaporizers cannot indicate disposability. If cannabis is removed from the federal Schedule I list, some labeling rules will change.

(a)CA Business and Professions Code § 26120(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. If the cannabis or cannabis product contains multiple servings, the package shall also be resealable.
(b)CA Business and Professions Code § 26120(b) Packages and labels shall not be made to be attractive to children.
(c)CA Business and Professions Code § 26120(c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the department:
(1)CA Business and Professions Code § 26120(c)(1) The following statements, in bold print:
(A)CA Business and Professions Code § 26120(c)(1)(A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”
(B)CA Business and Professions Code § 26120(c)(1)(B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”
(2)CA Business and Professions Code § 26120(c)(2) For packages containing only dried flower, the net weight of cannabis in the package.
(3)CA Business and Professions Code § 26120(c)(3) Identification of the type of cannabis or cannabis product and the date of packaging.
(4)CA Business and Professions Code § 26120(c)(4) The appellation of origin, if any.
(5)CA Business and Professions Code § 26120(c)(5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.
(6)CA Business and Professions Code § 26120(c)(6) A warning if nuts or other known allergens are used.
(7)CA Business and Professions Code § 26120(c)(7) Information associated with the unique identifier issued by the department.
(8)CA Business and Professions Code § 26120(c)(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”
(9)CA Business and Professions Code § 26120(c)(9) Any other requirement set by the department.
(d)CA Business and Professions Code § 26120(d) Only generic food names may be used to describe the ingredients in edible cannabis products.
(e)CA Business and Professions Code § 26120(e) Cannabis beverages may be packaged in containers that are clear or any color.
(f)CA Business and Professions Code § 26120(f) The package and label of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that the cannabis cartridge or integrated cannabis vaporizer is disposable nor imply that it may be thrown in the trash or recycling streams.
(g)CA Business and Professions Code § 26120(g) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.
(h)CA Business and Professions Code § 26120(h) This section shall become operative on July 1, 2024.
cannabis packaging unique identifier tamper-evident packaging child-resistant packaging government warning THC content CBD content pharmacologically active ingredients edible cannabis regulations cannabis vaporizer labels Schedule I controlled substance allergen warning beverage packaging simple food names appellation of origin
(Repealed (in Sec. 1.5) and added by Stats. 2022, Ch. 390, Sec. 2.5. (AB 1894) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)

Section § 26121

Explanation

This law requires a department to review and update regulations on cannabis labeling to ensure warnings reflect the latest science about health risks. By July 1, 2025, it must first check if any new warnings are needed and update labels accordingly. Every five years after 2030, the department will reassess these regulations to ensure they align with current cannabis science and effectively communicate health warnings. They might use specific research to aid in determining effective labeling practices. Products made before new labeling requirements take effect can still be sold for a limited time under the old rules, allowing a transition period.

(a)CA Business and Professions Code § 26121(a) On or before July 1, 2025, the department shall reevaluate regulations adopted pursuant to Section 26120 to determine whether any additional warnings are necessary to reflect evolving science and shall adopt regulations for cannabis and cannabis product labels or inserts reflecting the evolving science regarding the risks that cannabis use may cause consumers.
(b)Copy CA Business and Professions Code § 26121(b)
(1)Copy CA Business and Professions Code § 26121(b)(1) On or before January 1, 2030, and every five years thereafter, the department shall reevaluate the regulations adopted pursuant to subdivision (a) to determine whether requirements imposed in those regulations reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings.
(2)CA Business and Professions Code § 26121(b)(2) The Legislature recommends that the department, and the department may, use research funded pursuant to subdivision (b) of Section 34019 of the Revenue and Taxation Code that evaluates labeling and packaging, and, in conformance with the provisions of that subdivision, the department may commission new research to assess the efficacy of the warnings required by subdivision (a) and approaches to identify future best practices for cannabis health warning labels that are most effective in changing knowledge and intent to consume or consumption.
(c)CA Business and Professions Code § 26121(c) Cannabis or cannabis products manufactured before July 1, 2025, may be sold before July 1, 2026, without meeting the labeling requirements imposed by the regulations adopted pursuant to subdivision (a).
(d)CA Business and Professions Code § 26121(d) Cannabis or cannabis products manufactured before January 1, 2030, and every year thereafter when new labeling requirements are imposed by the regulations adopted pursuant to subdivision (a) may be sold for up to 12 months from the effective date of those regulations, or for a shorter period of time as prescribed by the department in those regulations, if they comply with the regulations in effect prior to the enactment of the new regulations.
cannabis labeling health warnings evolving science cannabis health effects effective communication consumer risks regulation reevaluation product labels labeling requirements cannabis packaging transition period regulatory updates cannabis products sale period research on labeling best practices for warnings
(Added by Stats. 2023, Ch. 491, Sec. 2. (SB 540) Effective January 1, 2024.)

Section § 26122

Explanation
This law requires that any cannabis cartridge or vaporizer containing cannabis or cannabis products must display a specific universal symbol, either engraved, stickered, or printed, that is at least a quarter-inch in size. This symbol identifies the item as related to cannabis. The law also defines a cannabis cartridge as a container for cannabis oil used with electronic devices and an integrated cannabis vaporizer as a device containing both the oil and vaporizing equipment.
(a)CA Business and Professions Code § 26122(a) A cannabis cartridge or integrated cannabis vaporizer that contains cannabis or a cannabis product shall bear the universal symbol described in paragraph (7) of subdivision (c) of Section 26130. The universal symbol shall be visible on the cannabis cartridge or integrated cannabis vaporizer and shall not be smaller than one-quarter inch wide by one-quarter inch high. The universal symbol shall be engraved, affixed with a sticker, or printed in black or white.
(b)CA Business and Professions Code § 26122(b) For purposes of this section, the following definitions shall apply:
(1)CA Business and Professions Code § 26122(b)(1) “Cannabis cartridge” means a cartridge containing cannabis oil that is intended to be affixed to an electronic device that heats the oil and creates an aerosol or vapor.
(2)CA Business and Professions Code § 26122(b)(2) “Integrated cannabis vaporizer” means a singular device that contains both cannabis oil and an integrated electronic device that creates an aerosol or vapor.
universal symbol cannabis cartridge integrated cannabis vaporizer cannabis oil aerosol vapor engraved sticker printed quarter inch electronic device heat labeling requirements cannabis products visual identification
(Added by Stats. 2019, Ch. 830, Sec. 1. (AB 1529) Effective October 12, 2019.)