Cannabis Packaging Regulations Across States

Cannabis packaging regulations are evolving. These rules are sometimes completely new, while others are amended to current trends. Of the states listed with some form of legalization — Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Guam, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington and West Virginia — here are some of the latest state requirements for cannabis packaging. Please note this listing does not include information about labeling requirements, only U.S. cannabis packaging regulations.

Child-Resistant

The most universal cannabis regulations labels for packaging is being child-resistant; Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Guam, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, South Dakota, Washington and West Virginia require this.

No Resemblance to Commercial Food Products

This packaging requirement addresses an increasingly common issue. Arkansas, Michigan, Mississippi, Missouri, Montana, New Hampshire, New York, Utah and West Virginia have banned these.

Plain Packaging

Florida and New Hampshire require completely bare containers.

Opacity

Any type of container containing cannabis must be opaque according to law in Alaska, Colorado, Florida, Hawaii, Maryland, Massachusetts, Michigan, Missouri, Montana, New Hampshire, New Mexico, Oklahoma, Oregon, Pennsylvania, South Dakota and West Virginia.

Protect the Product

Montana and South Dakota require packaging to protect the product from contamination and shall not impart any toxic or deleterious substance to the marijuana or marijuana product.

Resealable

Alaska, Colorado, Missouri, Montana, Pennsylvania, South Dakota, Washington, and West Virginia all mandate cannabis packaging, which is re-closing.

Tamper Evident

Alabama, California, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New York, Pennsylvania, South Dakota, Utah and West Virginia have enacted laws ruling packaging must clearly indicate tampering.

State-specific Requirements

Arkansas requires all marijuana containers to be sealed, traceable, and food-compliant.

Florida requires that receptacles for non-edibles be a single solid color or clear and shall not be neon. Where applicable, the lid of a receptacle shall be the same single solid color or white. Multi-serving lozenges, gelatins, and chocolates, as well as each single serving portion of a multi-serving baked good and each single serving portion of a multi-serving drink powder shall be individually wrapped and placed inside of the receptacle.

Missouri does not allow packaging or containers shaped to resemble animals, fruits or humans — or any part of an animal, fruit or human, specifically noting that “shape of a human” includes figures such as an alien or robot, and that “an animal” includes mythical creatures such as a unicorn or dragon.

In Montana, drinkable cannabis products containing more than one serving per package must include a device or mechanism for measuring a single serving of the product.

Similarly, Nevada and South Dakota require a specific cap style for cannabis-containing liquids. State law dictates that marijuana-infused products in liquid form are to be sealed using a metal crown and cork-style bottle cap.

South Dakota has further specifics in packaging laws:

• Packaging of edible cannabis products for retail sale, excluding tinctures, oils and beverages, must be packaged (in addition to the rules above) into a larger marketing layer so long as the total amount of active THC per marketing layer does not exceed 100 milligrams.
• Packaging of multiple-serving edible cannabis products for retail sale, excluding tinctures, oils and beverages, must be packaged (in addition to the rules above) either in a resealable container or with individual servings heat-sealed into packaging made of plastic four mil or greater in thickness with no easy-open tab, dimple, corner, or flap; and shall contain 100 milligrams or less of total THC per multiple-serving container.
• Packaging of cannabis tinctures and oils for retail sale must be in a glass or plastic vial or dosage syringe, either with a resealable child-resistant cap or with a resealable cap and enclosed in a child-resistant, soft-sided container made of plastic that is four mil or greater in thickness and heat-sealed; and with an indication of individual servings, either: by dividing cannabis oil into individual gelatin capsules; or by including with the cannabis tincture or oil a measuring device such as a dosing syringe, measuring cap or dropper. Hash marks on the bottle or package do not qualify as a measuring device.
• Retail sale ointments, creams, and lotions must be packaged in a child-resistant container with a resealing cap or closure that is compliant with the law.
• Dry bath soaks and transdermal patches must be packaged in a plastic that is four mil or greater in thickness to prevent unintended access and ingestion, and is heat-sealed with no easy-open tab, dimple, corner or flap.

Cannabis packaging regulations in Louisiana, North Dakota, Ohio and Virginia are pending finalization.

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This article was originally posted on February 2, 2021, and updated on July 18, 2024.