The state of Washington is home to over 7.5 million residents and according to the Washington State Liquor and Cannabis Board, a total number of 1,947 licenses have been issued, 47% of them to marijuana producers and retailers. There is plenty of opportunity for consumers to obtain both recreational and medicinal cannabis, but for them to purchase it, distributors, and dispensaries must adhere to the state’s packaging and labeling regulations.
General Information
Licensees are required to understand and apply all product packaging and labeling rules found in RCW 69-50 and WAC 314-55. A thorough reading of all laws, rules, and policies is strongly advised as this document serves to outline key regulations. The packaging and labeling regulations outlined in this document apply to all marijuana items sold to consumers at licensed retail locations. All packaging and labeling will be reviewed based on appearance, color, similarity to products, or words that are commonly associated with or used to market to persons under twenty-one years of age.
Packaging
It is important to understand what package means in the state of Washington. The packaging is the physical container/outer shell that holds and the marijuana or hemp product. The purpose of the packaging is to protect the usable product from contamination, toxins, or deleterious substances. All packages must contain complete and compliant label information. Packaging may not resemble any shape or thing that is typically used to market to individuals under twenty-one years of age.
Packaging must be child-resistant as defined in WAC 314-55-105, which is designed to be difficult for children under five years of age to open but not difficult for adults to use properly. Consumer Product Safety Commission (CPSC) sets the standards for child-resistant packaging, to ensure the packaging meets the requirements, request certification from the manufacturer. Child-resistant packaging comes in two forms, single-use and multi-use or resealable. Single-use child-resistant packaging is used for products that are meant as single servings and are no longer child-resistant after opening. The product that has multiple servings must use resealable child-resistant packaging and remains child-resistant abilities after opening.
Labeling
Labels are the material affixed or printed onto containers or products showing written or printed information about the product/item. Labels consist of text, graphics, pictures, logos, and symbols on the packaging and must not include anything used to attract individuals under the age of twenty-one. Bar code or retainer labels are specific labels with information relative to the exact product packaged. The information on these labels varies and the format is up to the licensee. Marijuana products can not be labeled as organic unless approved by the United States Department of Agriculture in accordance with the Organic Food Production Act. Organic ingredients however may be listed as organic.
There are only a few regulations that are prohibited on labels in the state of Washington. Labels may not contain statements, depictions, or illustrations that are false or misleading promotes overconsumption, represents therapeutic effects, depicts underage consumption, or are appealing to persons under twenty-one. For detailed explanations of each of these sections, visit Washington State Liquor and Cannabis Board’s packaging and labeling guide. Washington’s universal and "Not For Kids’ symbol are REQUIRED for the product to be sold at retailers.
For a more detailed explanation of the rules and regulations or if you have more questions regarding packaging and labeling, please visit the WSLCB website: lcb.wa.gov, send an email to labelapproval@lcb.wa.gov or call (360) 664-1620.
*THC Label Solutions provides this document to serve as a guide and not as legal advice.