A Container or exit package is considered “Child-Resistant” if it:
A Child-Resistant Container or exit package containing the following products must maintain its Child-Resistant effectiveness for multiple openings:
If, in order to accommodate elderly or handicapped persons, a state law or regulation provides an exception to the state’s requirement that a Container or exit package be Child-Resistant, a Cannabis Establishment operating in that state is exempt from the Child-Resistant requirements of this Article to the extent of the state’s exception.
Notes, Standard 2.02: These Standards do not prohibit Cannabis Retailers from displaying products that are not for sale in packaging that is not opaque or child-resistant (i.e., display products). However, under these Standards, the sale of such display products is prohibited unless such display products are packaged in a manner that meets the requirements of this Article prior to sale.
A Cannabis Establishment that is required to transfer Cannabis or Cannabis Products in Child-Resistant Containers or exit packages shall, with each shipment of Child-Resistant Containers or exit packages, obtain from the manufacturer of the Containers or exit packages a certificate of conformance that:
A Cannabis Establishment that is required to transfer Cannabis or Cannabis Products in any Containers shall, with each shipment of containers, obtain from the manufacturer of the Containers or exit packages a certificate of conformance that:
Notes, Standard 2.04: Unlike for other products, the new Colorado regulations (effective 1/1/18) do not require cannabis flower or trim to be packaged in a Child- Resistant Container prior to being placed in a Child-Resistant exit package. Rather, flower and trim may be given to the consumer in a Child-Resistant exit package.
A Cannabis Establishment shall ensure that Cannabis Concentrates and Cannabis Products are placed in a Child-Resistant Container prior to sale or transfer to a consumer or another Cannabis Establishment.
A solid Edible Cannabis Product containing more than one Standard Serving of active THC must either:
be separated into internal Containers of one Standard Serving or less of active THC, with:
be packaged in a single Child-Resistant Container and demarcated into separate or easily separable Standard Servings or less of active THC.
Except as provided by Subsection (d) of this Standard, a Cannabis Processor shall mark, stamp, or otherwise imprint an indication that the solid Edible Cannabis Product contains THC or marijuana or cannabis, such as the Warning Symbol described by Standard 2.10, on:
The indication described by Subsection (b) of this Standard must be marked, stamped, or otherwise imprinted in a manner to cause the indication to be distinguishable and easily recognizable to consumers.
A solid Edible Cannabis Product (such as granola, popcorn, or powder) on which it is impracticable to mark, stamp, or otherwise imprint an indication in the manner described by Subsection (c) of this Standard may contain more than one Standard Serving of active THC only if it complies with Subsection (a)(1) of this Standard.
A solid Edible Cannabis Product that is of a type that is impracticable to demarcate into separate or easily separable servings of one Standard Serving or less of active THC as described by Subsection (a)(2) of this Standard may contain more than one Standard Serving of active THC only if it complies with Subsection (a)(1) of this Standard.
A liquid Edible Cannabis Product containing more than one Standard Serving of active THC must be placed in a Child-Resistant Container that includes a measuring component that enables a user to pour increments of one Standard Serving or less of active THC. The measuring component must be within the Child-Resistant cap or closure of the bottle and may not be separate from the cap and container. Hash marks on the Container are not sufficient.
Notes, Standard 2.08: The “Container” is the package directly containing the Cannabis or Cannabis Product and is sufficient packaging for sale at retail. Some states have accommodated Cannabis Establishments that wish to include additional external packaging. Called the “marketing layer” in Colorado, the outermost packaging layer will face the consumer at retail and upon sale, so it’s reasonable to require it to convey the same information as is required on Containers. Having a marketing layer does not, however, relieve the Container itself of any labeling obligations, since a consumer is likely to discard a marketing layer soon after purchase.
Before transferring Cannabis or a Cannabis Product to a consumer or another Cannabis Establishment, a Cannabis Establishment shall ensure that the Cannabis or Cannabis Product Container includes a label containing a number that identifies the batch of the Cannabis or Cannabis Product. Units of Cannabis or Cannabis Products are in the same batch if they share:
for units of Cannabis, the same strain, standard operating procedures, pesticide and other chemical exposure, and time of harvest;
for Cannabis Concentrates, the same concentrate type, extraction method, standard operating procedures, and Cannabis batch(es) of origin; or
for Cannabis Products, the same product type, ingredients, standard operating procedures, and Cannabis batch(es) of origin.
Before transferring Cannabis or a Cannabis Product to a consumer or another Cannabis Establishment:
Before transferring Cannabis or a Cannabis Product to a consumer or another Cannabis Establishment:
a Cannabis Retailer shall ensure that the Cannabis or Cannabis Product Container includes a label containing the license number of:
Notes, Standard 2.09: Subsection (a) relates to batch numbers, whereas Subsection (b) addresses license numbers. In the latter, the license numbers of the Cultivator(s) and, as applicable, Processor(s) are required on labels, but not the license number of the Retailer. There are circumstances in which the Retailer’s license number would be useful, however, so that question will be revisited when a Standard regarding recall procedures is drafted. Note also that Standard 2.22 requires the Retailer to provide its contact information on the label, perhaps obviating the need for a license number.
If the state in which a Cannabis Establishment conducts business does not require Container labels to include a standardized symbol indicating that the product contains THC or marijuana or cannabis, the Cannabis Establishment must ensure that each Container label includes a symbol indicating that it contains THC or marijuana or cannabis, such as:
Each Cannabis or Cannabis Product Container must include, on the label or portion of the label designed to be most prominently displayed at retail, the following:
a statement indicating that the product contains THC, marijuana, or cannabis; and
a statement indicating that:
Each Cannabis or Cannabis Product Container must include a label containing the following warning statements:
Notes, Standard 2.11: These warning statements are required by most or all states. The statements in Subsection (a) are required to be on the principal display panel because they are deemed especially important. To accommodate state variances in phrasing, exact language is not prescribed.
A Cannabis or Cannabis Product Container or label may not contain any false or misleading statements.
A Cannabis or Cannabis Product Container or label may not be designed to specifically target individuals under 21 years of age, such as by including:
Each Cannabis Concentrate or Cannabis Product shall include on a label all ingredients in the Cannabis Concentrate or Cannabis Product, listed by common or usual name in descending order of predominance by weight.
Notes, Standard 2.15: This Standard is similar to the FDA’s guidance on the Food Allergen Labeling and Consumer Protection Act of 2004, which defines as “major allergens” the allergens listed in Subsection (a) because they account for approximately 90% of all food allergies.
A Container or label for Cannabis or a Cannabis Product may not:
Subject to Subsection (a) of this Standard, a Container or label for Cannabis or a Cannabis Product may explicitly describe an intended physical or psychological effect of the Cannabis or Cannabis Product on the consumer only if:
the description:
A Cannabis Retailer may not:
A Cannabis Retailer may describe an intended physical or psychological effect of Cannabis or a Cannabis Product to a consumer only if:
Notes, Standards 2.16 and 2.17: These Standards closely track the U.S. Food and Drug Administration’s definitions of “disease claims” and “health claims,” which cannot be made without FDA approval. The FDA has not approved cannabis, so “disease claims” and “health claims” cannot be made about cannabis.
These Standards do, however, leave room for certain claims regarding the effects of cannabis. These claims, which are somewhat analogous to what the FDA calls “structure/function claims,” must be substantiated and accompanied by a disclaimer that the effects of cannabis vary by person.
[RESERVED PENDING ADOPTION OF NACB LABORATORY TESTING STANDARDS]
The statements and information required by this Article must be written or printed clearly and in English. In addition to English, a label may include an accurate translation of the required statements and information in another language.
Label text must be unobstructed and conspicuous. A Cannabis Establishment may affix multiple labels to a Container, provided that none of the statements or information required by this Article is obstructed.
The statements and information required by this Article must be written or printed in fonts and text sizes that are clear and legible to consumers.
Each Cannabis or Cannabis Product Container or label shall state the name of the licensee that produced the product and the licensee’s phone number.
Before transferring Cannabis or a Cannabis Product to a Cannabis Retailer or consumer, a Cannabis Establishment shall ensure that the Cannabis or Cannabis Product Container has one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred.
The following is a non-exhaustive list of packaging features that, if properly designed and applied, meet the requirements of Subsection (a) of this Standard:
A tape seal that relies on an adhesive to bond it to the Container and that can be removed and reapplied with no visible evidence of entry does not meet the requirements of Subsection (a) of this Standard.
An indicator or barrier to entry described by Subsection (a) of this Standard must be designed to remain intact when handled in a reasonable manner during manufacture, distribution, and retail display.
A Cannabis Establishment shall ensure that Cannabis and Cannabis Products are packaged only in Containers that:
Each Cannabis Product Container containing more than one Standard Serving of active THC shall be affixed with a label stating:
Notes, Standard 2.25: Note that NACB members may determine serving sizes at their discretion, so long as compliance with state law is maintained.