What’s In a Label: Shifting Regulations in the Cannabis Space
The issue of cannabis labeling, whether CBD, THC, or hemp, can be a fast-moving landscape for cultivators and material manufacturers alike. It goes without saying that anyone, no matter their niche in the industry, could benefit from staying abreast of new regulations for packaging materials. Here are some of the big changes we’ve spotted on the horizon:
California’s Gov. Gavin Newsom just signed a package of cannabis laws, including one that will require vaporizer cartridges to be labeled with instructions for proper disposal and indicate that integrated cartridges are hazardous waste. AB 1894 also prohibits materials from inferring to the consumer that cartridges can be disposed of in regular waste or recycling collection vesicles.
The Golden State also has new regulations coming down the pipeline for THC products, with new Proposition 65 mandates taking effect October 1, 2022 (plus a phase-out period through the following year.) Prop 65 labels are those applied to foods or items with known carcinogens that cause reproductive harm, with the intent of protecting potentially unknowing consumers. However, because THC is a naturally occurring compound in plants, the label will only apply to food products with THC added; regulations for CBD remain somewhat unclear. To learn more about this regulation, click here.
Speaking of CBD, headlines hit the airwaves last month over concerns about the misidentification of heavy metals in edible CBD products. A recent scientific study found that 60% of CBD products may be “mislabeled” and contain traces of lead, arsenic, and other scary metal concentrations. While not rule of law, the implications of the study may signal a greater scrutiny to the labeling of CBD products. The study’s authors concluded that the discrepancy in labels versus what they found under their microscopes underscores “the need for tight regulations for CBD product label integrity to protect consumers.”
With New York beginning to approve commercial licenses last spring, regulators have approved a package of labeling requirements for the new recreational market. Along with sustainability and quality testing requirements, vendors’ labels must not advertise to underage consumers, must be child- and tamper-resistant, and have information contained about the cannabinoid concentration, dose information, weight, and a lot number.
Many of these new label regulations are in service to environmental sustainability and reducing underage use. They of course do not come without thorns for many operators. Aside from the fiscal and administrative hurdles from new state requirements, some in the industry have decried regulations’ ability to seemingly add to cannabis’ already existent waste crisis. When new regulations come up, some retailers may have back stock of containers that can become destined for the landfill, avoiding any opportunity for the recycling stream. In New York, some small time operators face concerns over being able to meet the state’s new requirements in time to meet the market.
When it comes to the thorny field of label laws, it’s good to keep in mind that good labeling can in fact leverage your brand. It’s important to keep up with changing state-by-state regulations, but many of the best practices remain timeless: be consistent, use technology to innovate, keep environmental sustainability in focus, and don’t rest on your laurels when it comes to packaging design. Take it from us, it’s really important!