Packaging and Labeling Requirements (Adult-Use Cannabis)
Packaging and labeling compliance is one of the most common reasons dispensaries are cited, fined, or forced to pull inventory. OCM inspects every product on your shelves, and responsibility rests with the retailer, even if the issue originated with the processor or distributor.
A product that does not meet packaging or labeling rules cannot be sold.
What This Covers
- Mandatory packaging requirements
- Required labeling elements
- THC, serving size, and potency rules
- Child-resistant standards
- Prohibited packaging and labeling content
- Marketing restrictions that apply to packaging
- Retailer vs processor responsibilities
- Inspection expectations and common violations
Packaging Rules
Every cannabis product sold must meet baseline packaging standards.
- Child-resistant packaging required for all applicable products
- Multi-use packages must be reclosable
- Tamper-evident seal or indicator required
- All edibles must be in opaque packaging
- Standard New York cannabis symbol required
- Required health warnings must appear exactly as issued by OCM
- Packaging must not appeal to minors
Retailers may not repackage, alter, or damage packaging. Products must match the processor’s approved design.
Labeling Rules
Each product must display clear and complete label information.
- Product name and form
- Total THC per package
- THC per serving
- Total CBD, if applicable
- Number of servings
- Ingredients list, including allergens
- Net weight or volume
- Required health warnings
- Batch or lot number
- Processor name and license number
- Distributor name and license number
- Testing laboratory name and permit number
- Manufacture date
- Expiration or use-by date, if applicable
- Storage instructions
If any required element is missing or incorrect, the product is noncompliant.
THC, Serving Size, and Potency
OCM enforces strict accuracy standards.
- THC per serving must be accurate
- THC per package must be accurate
- Serving sizes must comply with OCM rules
- Label potency must match the laboratory Certificate of Analysis (COA)
- No misleading potency language
If the label does not match the COA, the product must be removed from sale.
Child-Resistance Requirements
Child-resistant packaging is mandatory.
- Required for:
- Edibles
- Vape cartridges
- Tinctures
- Concentrates
- Multi-use products
- Multi-use packaging must be reclosable
- Edibles must be opaque
- Retailers may not open or modify packaging
Failure of child-resistant features requires immediate removal from shelves.
Prohibited Packaging and Labeling
Packaging and labels may not include:
- Cartoons, mascots, animals, or characters
- Candy-like or neon colors targeting minors
- Food or candy imagery
- Medical or therapeutic claims
- Misleading safety or effect claims
- Imitation of non-cannabis brands
- Images of consumption
- Content reasonably appealing to someone under 21
Marketing Restrictions
Packaging is treated as advertising under New York law.
- No medical or wellness claims
- No anxiety, stress, or mood claims
- No imagery of use or consumption
- No QR codes linking to noncompliant marketing
- No promotions encouraging overconsumption
Violations are enforced as both packaging and advertising failures.
Retailer vs Processor Responsibilities
Processors must:
- Use compliant packaging
- Include all required labeling elements
- Provide accurate COAs
- Register products with OCM when required
Retailers must:
- Review packaging before shelving
- Verify THC values against COAs
- Reject noncompliant products
- Make COAs available to customers
- Remove products if issues are discovered
OCM holds retailers responsible for all products sold.
Inspection Expectations
During inspections, OCM may:
- Pull random products from shelves
- Compare labels to COAs
- Check warnings and symbols
- Review imagery and design
- Test child-resistant features
- Confirm edibles are opaque
- Request COAs at the point of sale
Multiple failures can lead to fines or product destruction.
Common Violations
Retailers are frequently cited for:
- Missing THC per serving
- Labels not matching COAs
- Candy-like or youth-appealing packaging
- Missing license numbers
- Incorrect or missing warnings
- Wrong cannabis symbol
- Non-child-resistant packaging
- Repackaging or re-stickering
- Missing COAs during inspection
These are treated as retailer violations.
What Operators Usually Miss
- Retailers are responsible even if processors made the mistake
- Packaging is evaluated as advertising
- One noncompliant unit can trigger enforcement
- COAs must be immediately available
When This Comes Up
- Receiving new inventory
- Shelf stocking
- OCM inspections
- Customer requests for COAs
What Happens If You Ignore This
- Fines
- Forced product removal or destruction
- Inspection failures
- Inventory holds
- Delays opening additional locations
Related Pages
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