May 31, 2023: A New Market in New Mexico: Cannabis Packaging Requirements
What to Keep in Mind When Designing your Packaging for the New Mexico Market
This spring marks the one year anniversary of cannabis sales in New Mexico. But while only joining the recreational market last April, the state has a long legacy of supporting both recreational and compassionate cannabis use. In fact, the Land of Enchantment became the first state in the US to approve a medical marijuana research program in 1978, and legalized medical use for NM residents in 2007.
With lots of existing energy around cannabis, the industry’s rollout over the last year has been promising. Gov. Michelle Lujan Grisham recently announced that New Mexico saw $300 million in cannabis sales and issued around 2,000 licenses in the state to producers, micro-producers, retailers, and manufacturers since April 2022.
New momentum comes with new regulations for local licensees. Similar to other states’ regulations, cannabis packaging in New Mexico must conform to a comprehensive set of standards to make it to dispensary shelves. These regulations are overseen by the state’s Cannabis Control Division (CCD.) With some confusion about the exact letter of the law, it is likely that the state will evolve and expand their guidelines to build out more clarity for manufacturers.
So, for now, what’s in a New Mexico label for compliant adult-use products?
Sustainability: Under the current framework, all products must be stored in recyclable, resealable, child-resistant packaging.
Font Size: Labels must be clearly displayed, with font size no smaller than 1/16 of an inch by measuring the height of a lower-case letter “o,”.
Label Content: all outer packaging must contain the following information:
Name of the entity that produced the cannabis and the name of the manufacturer;
Dates of manufacture and expiration;
Dosage information, including instructions for use;
THC/CBD content as confirmed by lab testing;
The following warning statement in bold font: “For use only by adults 21 and older. Keep out of reach of children. Do not drive a motor vehicle or operate machinery while under the influence of cannabis. BE CAUTIOUS. Cannabinoid edibles can take up to two hours or more to take effect.”
Appealing to Minors: Like in other states, New Mexico also specifically prohibits the use of any imagery or words that could appeal to children, such as the use of cartoon characters or descriptors like “candy” or “candies.” Amid growing concerns about cannabis brands resembling popular products and the accidental ingestion of THC by children, more states are looking at policy to avoid inappropriate advertising. Earlier this year, NM lawmakers introduced a House Bill to further clarify the state’s guidelines regarding visual marketing to avoid packaging that could attract minors. It has been recommended for passage. Additional clarity may be added to existing statutes about sustainability and design elements in the coming years.
While such regulations can pose challenges for operators in the cannabis space, understanding them is critical to success for your cannabis brand. Stay tuned for the next dispatch from our unpacking packaging series to learn more about requirements by state!
You can read the full list of New Mexico Packaging requirements here.
*This blog is not intended to be prescriptive legal advice for what you should or should not include on your packaging. Like many things in our industry, packaging requirements change frequently. Please contact your legal team to confirm your packaging label requirements.