Massachusetts’ history with cannabis dates back to as early as 1911, with it being the first state in the US to restrict the sale of cannabis. After nearly a century, Massachusetts has made strides to decriminalize, possess, and cultivate legal cannabis. Massachusetts voted to legalize medical cannabis in 2012 and recreational cannabis in 2016. In the first year of recreational use, the state saw a record of nearly $400 million in sales. A lack of retail stores led to product shortages, high prices, and long lines. In order to legally sell cannabis products, it is important for businesses to adhere to labeling and packaging regulations.

Packaging

Cannabis products must be sold in tamper or child-resistant packaging that is either opaque or plain in design and is resealable if intended for multiple uses or contain multiple servings. Packaging must also be certified by a qualified third-party tamper or child-resistant packaging testing firm to ensure that the packaging is in compliance with the most recent poison prevention packaging regulations of the US Consumer Product Safety Commission as included at 16 CFR 1700

Where compliance with tamper or child-resistant packaging is deemed unreasonable, cannabis products must be placed in an exit bag that is capable of being resealed and made tamper or child-resistant resistant again after it has been opened;includes the following statement, including capitalization, in at least ten-point Times New Roman, Helvetica or Arial font: KEEP OUT OF REACH OF CHILDREN; and is certified by a qualified third-party tamper or child-resistant packaging testing firm that the packaging is in compliance with the most recent poison prevention packaging regulations of the US Consumer Product Safety Commission as included at 16 CFR 1700.

Packaging for marijuana products sold or displayed for consumers, including any label or imprint affixed to any packaging containing marijuana products or any exit packages, shall not be attractive minors. Packaging is explicitly prohibited from:

1. using bright colors, defined as colors that are “neon” in appearance;
2. imitating or having a semblance to any existing branded consumer products, including foods and beverages, that do not contain marijuana;
3. featuring cartoons;
4. featuring a design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
5. featuring symbols or celebrities that are commonly used to market products to minors;
6. featuring images of minors; or
7. featuring words that refer to products that are commonly associated with minors or marketed to minors.

Labeling

Prior to marijuana being sold or transferred a Marijuana Cultivator shall ensure the placement of a legible, firmly affixed label on which the wording is no less than 1/16 inch in size on each package of marijuana that it makes available for retail sale, containing at a minimum the following information:

1. The name and registration number of the Marijuana Cultivator that produced the marijuana, together with the retail licensee’s business telephone number, electronic mail address, and website information, if any;

2. The quantity of usable marijuana contained within the package;

3. The date that the Marijuana Retailer or Marijuana Cultivator packaged the contents and a statement of which licensee performed the packaging;

4. A batch number, sequential serial number, and bar code when used, to identify the batch associated with manufacturing and processing;

5. The full cannabinoid profile of the marijuana contained within the package, including THC and other cannabinoid level;

6. A statement and a seal certifying that the product has been tested for contaminants, that there were no adverse findings, and the date of testing in accordance with M.G.L. c. 94G, § 15;

7. This statement, including capitalization: “This product has not been analyzed or approved by the FDA. There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”;

8. The following symbol or easily recognizable mark issued by the Commission that indicates the package contains marijuana product:

9. The following symbol or other easily recognizable mark issued by the Commission that indicates that the product is harmful to children:

935 CMR 500.105(5)(a) shall not apply to marijuana packaged by a Marijuana Cultivator for transport to a Marijuana Retailer in compliance with 935 CMR 500.105(13) provided however that the retailer is responsible for compliance with 935 CMR 500.105(5) for all marijuana products sold or displayed for consumers.

For a more detailed explanation of the rules and regulations, download the packaging and regulations guide listed at the bottom. If you have more questions regarding packaging and labeling, please visit:https://mass-cannabis-control.com/wp-content/uploads/2019/01/SEC-OFFICIAL_935cmr500.pdf, send an email to Commission@CCCMass.Com or call 774-415-0200.

*THC Label Solutions provides this document to serve as a guide and not as legal advice.