What are the cannabis packaging regulations in New York?

New York's cannabis packaging regulations, established by the Office of Cannabis Management (OCM), require that no cannabis product be packaged in a plastic container unless it contains at least 25% post-consumer recycled material. Packaging must be child-resistant, tamper-evident, display accurate labels, and not appeal to minors. These regulations include minimum standards and prohibitions, with specific rules differing for adult-use, medical, and cannabinoid hemp products. For detailed guidelines, refer to the OCM's official resources on cannabis packaging and labeling.

What are the requirements for child-resistant cannabis packaging in New York?

In New York, child-resistant cannabis packaging is mandatory for all cannabis products, including medical and adult-use products. The packaging must be designed to be significantly difficult for children under five years of age to open. For multi-serving products, packaging must remain child-resistant even after being opened. This requirement helps prevent accidental ingestion by children, thereby protecting public health and maintaining compliance with state regulations.

What sustainable cannabis packaging solutions are available in NY?

New York emphasizes sustainability in cannabis packaging, requiring that no product should be packaged in a plastic container unless it contains at least 25% post-consumer recycled material. Sustainable cannabis packaging options include using eco-friendly materials such as plant-based, reclaimed, regenerative, and recycled materials. Companies like Sana Packaging provide innovative, sustainable packaging solutions, designed to minimize environmental impact and promote a circular economy, which can benefit both businesses and the community.

Understanding New York's Cannabis Packaging Requirements

They say it's what's on the inside that counts, but in the New York cannabis world, what's on the outside matters just as much. We're talking about packaging.

Packaging isn't only the protective shell of your products but also the difference between them flying off the shelves or sitting there collecting dust. It's the crucial first impression you make and a key element of New York cannabis laws.

If you're a cannabis business owner, a marketing expert, or a compliance officer, pay close attention because New York's cannabis packaging regulations are something you can't skip, especially with the growing focus on compliance and sustainability.

This blog post breaks down the essential packaging requirements, giving you the knowledge you need to ensure your cannabis products hit all the right notes!

Overview of New York Cannabis Packaging Regulations

While some requirements may be considered "universal," New York has established its own set of cannabis packaging regulations through the Office of Cannabis Management (OCM).

In this state, for example, no cannabis product should be packaged in a plastic container unless it's made of a minimum of 25% post-consumer recycled material. Additionally, packaging should be child-resistant and tamper-evident, must display accurate labels, and cannot be designed to appeal to minors.

New York cannabis packaging regulations are also structured around "minimum standards" and "prohibitions." As an operator, you'll be required to, at the very least, meet the minimum requirements and can even exceed them. However, there are limits that restrict certain components, claims, and practices.

But, while it's true that many of the fundamental safety and consumer protection requirements are shared across all markets, significant differences exist between packaging requirements for adult-use, medical, and cannabinoid hemp products. Let's explore the most important ones.

Medical Cannabis Packaging and Labeling

If you offer medical cannabis in New York, your products are subject to the following packaging and labeling regulations:

The use of child-resistant cannabis packaging is mandatory unless another option is approved by the OCM.
Medical cannabis products must comply with all packaging and labeling requirements under section 34 of the Cannabis Law, which states that they must contain all necessary information for the patient or caregiver, the packaging and "use by" or expiration dates, the statement that they're for medical use only and other required warnings, and the number of individual doses in the container.
Any cannabis product intended for medical use cannot be opened or have a broken seal, with the only exception being quality testing performed by approved parties, such as laboratories.
Packaging for medical cannabis products shouldn't describe or refer to a medical condition.
All medical cannabis products must have labels that display the product form and brand designation. Additionally, they should include the amount of total THC as a percentage of volume, unless there's a state-approved exception, and any marketed phytocannabinoids in milligrams per dose and milligrams per package, all calculated using the same method.
All required labeling details must be clear and easily visible. Whether you print directly on the package or on multiple labels, the information cannot be obscured. Accordion, expandable, extendable, or layered labels can be used in small products for these purposes.
Packaging for medical cannabis products cannot be made attractive to people under 21, include false or misleading statements, depict cannabis products or paraphernalia, illustrate a child or minor, promote unauthorized consumption or overconsumption, and use the terms "organic" and "craft."

For further information on packaging standards and prohibitions for medical cannabis products, please check out Part 113 - Medical Cannabis Regulations: Adopted (Medical).

Cannabinoid Hemp Product Packaging and Labeling

If you sell cannabinoid hemp products in New York, your packaging and labels must meet the following requirements:

If manufactured to be orally consumed, the product's container must include a nutritional or supplement fact panel based on the number of servings, as outlined in Title 21 Code of Federal Regulations Part 101.
The product's label or packaging must display all of its ingredients listed in order of amount or "predominance by weight," clear usage instructions, a statement reporting adverse or side effects, an expiration or "use by" date note as applicable, a lot or batch number, and the name of the processor, manufacturer, packer, or distributor.
Except for flower products, topicals, and concentrated cannabinoid hemp inhalables, labels and packaging must include the recommended size of serving and the amount in milligrams of CBD, total THC (including delta-8, delta-9, and delta-10), and other marketed cannabinoids.
Cannabinoid hemp products must also include a scannable bar or QR code that allows customers to download a Certificate of Analysis (CoA) and any other marking, statement, or symbol required by the OCM.
Packaging must be tamper-evident to minimize exposure to oxygen or light and cannot be designed in a way that is appealing to people under 21 years, promotes overconsumption, or depicts cannabis products or paraphernalia. Plus, it cannot include any false or misleading elements, whether text or images, and the terms "gluten-free," "organic," "vegan," or "kosher" unless it meets certain conditions.
All hemp products must display the warnings requested by the OCM, including those regarding their THC content, use by pregnant or nursing people, and required storage out of the reach of children or pets.

For detailed guidelines on packaging and labeling for cannabinoid hemp products, please refer to the following:

Adult-Use Cannabis Packaging and Labeling

If you operate in the New York adult-use market, your cannabis products must be packaged and labeled according to the following rules:

Cannabis product packaging can include three components: retail package, marketing layer, and retail package. Only retail packaging is mandatory. If the other two elements are used, each may be subject to additional requirements.
Child-resistant cannabis packaging is also mandatory for adult-use products. In addition, it should be tamper-evident and sealed in a way that it fully encloses the product and protects its contents against light, contaminants, and other potentially harmful elements.
For cannabis products with more than one serving, the packaging needs to stay tightly sealed and child-resistant, even after it's been opened.
The cannabis packaging design, including all elements except non-consumer packaging, cannot be appealing to people under 21. This means it shouldn't display cartoons, bubble-type or cartoon-like font, neon colors, terms like "candy" or "candies," depictions of children or minors, and symbols, images, phrases, characters, toys, games, public figures, or similarities to products commonly associated with this specific audience.
The cannabis packaging design shouldn't have features that make any sound, emit scent, or change its appearance through technology unless it's for anti-counterfeiting purposes.
All cannabis products sold in New York should display universal cannabis symbols, which must comply with the OCM requirements. However, they cannot be used as tamper-evident seals.
Each cannabis product must feature a main packaging display panel, which must be legible and contain the weight of the cannabis product, the milligrams per single serving of marketed phytocannabinoids, including total THC and total CBD, and the milligrams per package of the latter two. This information must be bolded. The amount of phytocannabinoids as a percentage of volume is also required for products that aren't classified as edible.
The main packaging display panel must also disclose the total number of servings and the recommended size of each if the product consists of flowers or is made for vaporization.
If the product's terpene content is marketed, the label should contain details about its terpene profile.
All required labeling text cannot be smaller than a 6-point font size and must be unobstructed, conspicuous, and clearly written in the English language.
The packaging should list all ingredients present in the cannabis product and all warnings required by the OCM, such as those regarding potential health risks and usage during pregnancy or breastfeeding. This information must appear on the retail package or, if used, in the marketing layer. Any major allergen listed in the Food Allergen Labeling and Consumer Protection Act of 2004 must be included and bolded.
The retail package, or the marketing layer if used, should also contain a list of any solvent employed for manufacturing or extraction, the expiration and "use by" dates, recommendations for proper storage, details about the processor, clear usage instructions, a scannable bar or QR code to download the CoA, and the lot unique identifier, lot number, or bar code,
If cannabis products fall under the "edibles" or "beverage" categories, packaging must include a nutritional label compliant with 21 C.F.R § 101.9(c).
If cannabis products are marketed as dietary supplements, packaging must also include a supplement fact panel that complies with 21 C.F.R. § 101.36.
Labels for adult-use cannabis products cannot contain certain terms, such as "organic" or "vegan," false or misleading statements, content that portrays cannabis as being authorized under specific laws, depictions of cannabis or related paraphernalia, price reductions, discounts, or coupons. Also, it shouldn't promote overconsumption.

To learn more about the strict cannabis packaging rules and cannabis labeling requirements of NY, please check out the following resources:

Additionally, we recommend watching the video series that the OCM offers through its official YouTube channel to better understand New York cannabis packaging regulations.

Ensuring Compliance with New York Laws

When it comes to cannabis packaging, compliance is of utmost importance. As we mentioned earlier, your packaging and labels not only represent your brand but are essential parts of cannabis-related laws, which must be followed in order to successfully operate in this highly regulated industry.

If you want to ensure your business stays on the legal side, you have to comply with all standards. Using child-resistant cannabis packaging is mandatory, for example. All cannabis products offered in NY must be sold in containers that are significantly difficult for children to open.

Cannabis products can be highly risky for children, as their accidental ingestion can lead to severe health consequences, including poisoning. The child-resistant packaging requirement is intended to prevent these incidents and protect public health. Moreover, it can help you maintain your business integrity and reduce liabilities.

The state has also ramped up its initiatives regarding environmental sustainability. As a result, the OCM is pushing for biodegradable cannabis packaging and modifying regulations accordingly. The requirement to use 25% post-consumer recycled plastic is one example of this.

Whether you offer medical, adult-use, or cannabinoid hemp products, you should prioritize sustainable cannabis packaging in NY. Besides being key for compliance, using materials that minimize your environmental impact can be greatly beneficial to both the industry and the state.

Sustainable or biodegradable cannabis packaging can help you minimize waste, preserve resources, reduce your carbon footprint, and combat pollution, especially the type caused by plastic that ends up in land and oceans. Additionally, this practice can positively impact your brand by differentiating your business from competitors, building trust, and attracting environmentally aware customers.

Keep in mind that this is a growing industry, so New York cannabis regulations are subject to changes. Therefore, it's crucial that you stay informed about any updates and developments. That's why we encourage you to regularly check the OCM website, attend industry seminars, and stay tuned to our blog posts for valuable, up-to-date information!

Types of Cannabis Packaging Required in New York

So, what types of packaging are required for cannabis products in NY? Now that we've reviewed all the related regulations, let's answer this question.

In essence, the OCM doesn't require you to use a specific type of packaging or material but urges you to comply with all mandatory rules.

This means your product packaging shouldn't be made of plastic, unless 25% of it is considered "post-consumer recycled," and must be opaque, child-resistant, and tamper-evident.

Plus, you must follow the strict cannabis labeling requirements of NY, which state that all product labels must include universal symbols, the product name, cannabinoid content, ingredient list, production and expiration dates, manufacturing information, and mandatory statements, warnings, and QR codes.

In simple terms, as long as you get all the packaging and labeling requirements right, you'll be all good.

Custom Cannabis Packaging Solutions

As discussed above, the NY cannabis market is quite competitive and highly regulated. Therefore, you need to ensure your products can build brand recognition and support your compliance efforts. This is where custom cannabis packaging solutions come into play.

Customizing your packaging is your ultimate chance to show off your business's vibe. It helps your products align with your brand identity, which creates consistency in the way you present your company to customers and leads to better engagement.

In other words, custom cannabis packaging solutions can create an "ah, that's them!" moment for your customers. However, you need to find the sweet spot between compliance and brand aesthetics.

Eye-catching designs with unique shapes, colors, and features can capture consumer attention, but all products must comply with New York cannabis packaging regulations regarding child resistance, sustainable materials, proper labels, and prohibitions. So, you need to work with a designer or printer who understands the state's legal landscape and can create a custom option that is visually appealing and legally compliant.

Have you ever wondered where to find custom cannabis packaging solutions in NY? The Bureau and 1-800-Printing can be great allies.

Both cannabis packaging companies offer custom printing services and can help you create beautiful, compliant packaging solutions and other branding elements from scratch based on your needs.

Sustainable Cannabis Packaging in New York

Since the OCM is going big on sustainability, you should make sure your cannabis products are as good for the planet as they are for your customers, from the flower to the package!

When selecting materials and designs, think green but don't forget the rules. Even with sustainable options, you have to follow regulations and best practices, including those that assist with reducing plastic use.

Besides that, you can choose cannabis packaging designs that are refillable or reusable to minimize waste or that are lightweight or compact to reduce transportation costs.

Do you want to find companies that specialize in sustainable cannabis packaging in NY? Sana Packaging can be a good choice.

Thanks to its innovative designs and the use of materials that minimize businesses' environmental impact, Sana Packaging has positioned itself as a popular choice among the state's cannabis packaging companies.

This brand designs and develops cannabis packaging solutions using plant-based, reclaimed, regenerative, and recycled materials, promoting a circular economy that can benefit the industry, your brand, and the community.

Cannabis Product Packaging: Best Practices

Your cannabis product is ready to shine and bring success, but is your packaging, too? Let's summarize the best practices to create packaging that's as impressive as what's inside:

Understand and follow all cannabis packaging requirements that apply to your product. Compliance is key at every stage of the supply chain, from start to finish.
Pay attention to special requirements and exceptions that apply to each product type you produce or sell.
Always use child-resistant closures and tamper-evident seals as required, making sure your multi-serving products retain these properties and remain tightly sealed even after opening.
Consider cannabis co-packaging to streamline your operations and ensure you comply with New York's strict regulations.
Reflect your brand identity through unique shapes and colors, always following the rules.
Make sure your cannabis products are properly labeled, contain the required universal symbols and warnings, and don't appeal to minors.
Use QR codes that can be easily read by mobile devices, such as smartphones.
Make your packaging recognizable to help your products be easily found on the shelves.
Incorporate easily downloadable CoAs into your packaging to demonstrate transparency.
Ensure your packaging is not only attractive and compliant but also functional and efficient in maintaining product integrity.
Make your labels clear and concise, highlighting key product information, such as cannabinoid content and usage instructions.
Prioritize sustainability not only because it's a requirement but because it can benefit your business, the industry, and the local community.
Stay informed about the latest regulatory changes and industry developments to remain compliant.

Leveraging Distru for Cannabis Compliance

Keeping up with cannabis packaging compliance can feel like going through a never-ending to-do list, but Distru is here to help!

Distru can be that super-organized friend that helps you manage everything from inventory to sales, making sure you're saving time and boosting efficiency while following all strict regulations. Our Enterprise Resource Planning (ERP) solution was designed to streamline operations and assist with numerous tasks, including inventory and production management, order fulfillment and invoicing, procurement, cost accounting, label printing, and more. Plus, it doubles as a cannabis compliance software, facilitating tracking and reporting.

And just to top it off, Distru seamlessly integrates with New York's state-mandated track-and-trace software, BioTrack. Thanks to this feature, you can automatically report product data to this platform to maintain compliance with state regulations.

With Distru, it's easier to ensure your cannabis products are compliant and boost your sales. Schedule a demo today to experience our solution firsthand!

Final Thoughts

New York cannabis packaging regulations can be a bit of a maze, but with a little know-how, you've got this!

By prioritizing child-resistant, compliant, and aesthetically pleasing options, you can ensure product safety, brand differentiation, and regulatory peace of mind. Sustainability will also add value to your product and help you stay on the right side of the law.

And if you need a hand, Distru's got your back. Check out our blog to find out more about this and other topics, and schedule a demo to explore our cannabis compliance software today!

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