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 & 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 & Professions Code § 26120(b) Packages and labels shall not be made to be attractive to children.
(c)CA Business & 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 & Professions Code § 26120(c)(1) The following statements, in bold print:
(A)CA Business & 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 & 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 & Professions Code § 26120(c)(2) For packages containing only dried flower, the net weight of cannabis in the package.
(3)CA Business & Professions Code § 26120(c)(3) Identification of the type of cannabis or cannabis product and the date of packaging.
(4)CA Business & Professions Code § 26120(c)(4) The appellation of origin, if any.
(5)CA Business & 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 & Professions Code § 26120(c)(6) A warning if nuts or other known allergens are used.
(7)CA Business & Professions Code § 26120(c)(7) Information associated with the unique identifier issued by the department.
(8)CA Business & Professions Code § 26120(c)(8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”
(9)CA Business & Professions Code § 26120(c)(9) Any other requirement set by the department.
(d)CA Business & Professions Code § 26120(d) Only generic food names may be used to describe the ingredients in edible cannabis products.
(e)CA Business & Professions Code § 26120(e) Cannabis beverages may be packaged in containers that are clear or any color.
(f)CA Business & 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 & 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 & Professions Code § 26120(h) This section shall become operative on July 1, 2024.

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 & 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 & Professions Code § 26121(b)
(1)Copy CA Business & 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 & 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 & 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 & 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.

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 & 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 & Professions Code § 26122(b) For purposes of this section, the following definitions shall apply:
(1)CA Business & 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 & 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.