2020 has brought a new way of life for people everywhere, including those who live in the state of Illinois. It has become the newest state to legalize recreational marijuana. Beginning January 2020, citizens of Illinois over the age of 21, will have the ability to purchase recreational marijuana from licensed dispensaries. Illinois plans on granting additional licenses late in the year to help accommodate the expected growth rate of recreational marijuana in the state. The packaging and labeling requirements will continue to evolve over the next few years, for both the recreational and medical regulations.
General:
All cannabis products, recreational or medicinal must be registered with the department and include a label and the required registration fee as listed in Section 1000.140 of the Illinois Administration Code. The registration fee is for the name of the product for sale and for all package sizes.
All harvested cannabis intended for distribution must be packaged in sealed and labeled containers that are child-resistant and light-resistant. All packages must comply with the current standards set by Consumer Product Safety Commission and the Poison Prevention Act.
Packaging and labeling shall not include false or misleading information, promote over consumption, depict persons under 21 consuming product, include cannabis leaf, or anything that is appealing to minors such as cartoons, toys, animals, or others in a similar likeness. Lastly it cannot container seal, flag, crest, or other insignia likely to mislead buyer that the product is endorsed or used by the State of Illinois or any of its representatives.
When labeling cannabis or cannabis-infused products, the labels need to be affixed to the package and have information presented in English. The information needs to include name and P.O. box of cultivation center, common name of item as well as the registered name of product as registered with the Department. The information needs to also include a unique serial number that matches producer batch in case of recalls, date of final testing/packaging, manufacture ‘use by’ date, quantity in ounces or grams in container, as well as the pass/fail rating if sampled. The content list on labels for medicinal or recreational use needs to include the following percentages of THC, THCA, CBD, CBDA, and any other ingredients other than cannabis. Percentages printed for any of those listed shall not be below 85% or above 115% of the labeled amount.
Medical Cannabis:
As medical cannabis is for registered and diagnosed patients only, the following statement needs to be on medicinal labels; “Product is for medical use and not for resale or transfer to another person”.
All cannabis-infused products need to be wrapped individually and packaged at original point of preparation. Packaging of medical infused products shall follow label requirements of Illinois Food, Drug and Cosmetic Act as well as the following requirements. Labels shall additionally list all ingredients including colors, artificial flavors, or preservatives in descending order under common names. Allergen label requirements as listed in the Federal Food, Drug and Cosmetic Act and the phrase “This product was produced in a medical cannabis center not subject to public health inspection that may also process common food allergens.” A warning that the item is a medical cannabis-infused product, not a common food must be clear and legible on the front of the packaging. Total milligram content of THC and CBD must be listed even if cannabis-infused product is wrapper individually or has multiple servings and total active THC may not include more than 100 milligrams. It is a violation to alter or destroy attached labels.
Recreational Cannabis:
The requirements for recreational cannabis are not much different from the medical requirements other than packaging must also be smell-proof, can exceed a total of 100mg of THC if separated out into single servings of 10mg or less. An additional difference is that for recreational cannabis, there needs to be directions in Spanish that provide access to product label information.
Cannabis product produced by concentrating or extracting ingredients shall contain the type of extraction method including solvents or gasses used during extraction process. All other chemicals or compounds used or were added shall be listed as well.
Warnings on labels shall include the following statements:
- “This product contains cannabis and is intended for use by adults 21 and over. Its use can impair cognition and may be habit forming. This product should not be used by pregnant or breastfeeding women. It is unlawful to sell or provide this item to any individual, and it may not be transported outside the State of Illinois. It is illegal to operate a motor vehicle while under the influence of cannabis. Possession or use of this product may carry significant legal penalties in some jurisdictions and under federal law."
- “Cannabis that may be smoked must contain a statement that "Smoking is hazardous to your health."
- “Cannabis-infused products (other than those intended for topical application) must contain a statement "CAUTION: This product contains cannabis, and intoxication following use may be delayed 2 or more hours. This product was produced in a facility that cultivates cannabis, and that may also process common food allergens.”
- “Cannabis-infused products intended for topical application must contain a statement "DO NOT EAT" in bold, capital letters.”
For a more detailed explanation of the rules and regulations regarding packaging and labeling, please download our packaging and labeling guide available below.If you have more questions regarding packaging and labeling, visit Illinois Administrative code for medical regulations at http://www.ilga.gov/commission/jcar/admincode/008/008010000E04200R.html or for recreational, visit https://www.cyberdriveillinois.com/departments/index/register/volume44/register_volume44_issue_11.pdf on page 3785. You can also send an email to FPR.AdultUseCannabis@illinois.gov or call (217) 782-7017.
*THC Label Solutions provides this document to serve as a guide and not as legal advice.