I am all for the legalization of cannabis and the regulated market that goes with it. While I would like to see cannabis fully-legalized at the federal level and removed from the list of Schedule 1 drugs – the same designation assigned to heroin, LSD and bath salts – I’m satisfied with the progress being made at the state level. Today, 18 states have passed legislation legalizing weed, and another 13 have decriminalized its use. It’s a good start.

New York and New Jersey, the states where I’m from and where I reside, respectfully, are newcomers to the world of legal cannabis. While the legislation has passed, the stores, aka dispensaries, haven’t opened yet. Tweaks are being made regarding just what will be allowed under the law.

In New Jersey, for example, at least at the outset, dispensaries will not be permitted to sell popular cannabis-infused products such as baked goods like brownies, or confections such as gummies, lollipops and chocolates (though lozenges are okay).

The restrictions have a lot to do with labels and packaging. Edmund DeVeaux, president of the New Jersey CannaBusiness Association, notes that the prohibition of certain products reflects the Cannabis Regulatory Commission of New Jersey’s attempt to balance residents’ concerns with responsible commerce. He says, “This is an opportunity for people to get used to the notion of legalized cannabis without having to worry about children or seniors accessing edibles, sweets, anything that contains THC, whether intentionally or accidentally.”

According to DeVeaux, the rules in New Jersey are less lax than those in other legal states, though he alluded to changes possibly being made sooner rather than later. Some of the state’s cannabis license applicants put forth business plans that emphasize edibles. DeVeaux said the rules – which are being implemented on a one-year interim basis – are subject to be amended, which may happen by the end of next summer.

The Garden State, soon to have a large and regulated commercial cannabis market, has the luxury of looking at the rules and regulations in place at the many well-established legal markets. And when it comes to cannabis packaging, it’s a tricky balancing act in juggling compliance with functionality and aesthetics.

The different legal states have varying rules in place requiring clearly labeled designations specifying THC content, places of origin, batch numbers, as well as child-resistant features. Only some states, however, have clear-cut rules outling the types of branding and aesthetic features edible product packaging can and should have.

Herein lies the potential for big problems. Legal states, such as Colorado, one of the legal cannabis pioneers, has a rule that says: “Edible packaging cannot imitate existing food products or be appealing to children.”

Montana states, “Packaging graphics may not depict celebrities, minors, or images commonly associated with minors. Packaging may not resemble the packaging for non-cannabis commercial products.”

In Oklahoma, “Edible packaging must not contain graphics that appeal to minors.”

Washington State says, “Edible packaging cannot resemble commercially available food products nor look appealing to children.”

Which words, images and fonts that may or may not be appealing to children is subjective. The same goes for resembling what is a commercially-available food product. Kudos to the states taking a proactive approach in having dispensaries offer products that must be in compliance in order to better protect children.

It’s my opinion that cannabis brand owners skirting the rules, or markets that have no rules, are doing a disservice to the legalization movement.  As New Jersey ramps up and gets ready to open dispensary doors, legislators have been working toward figuring out how to best keep its children safe. The state’s Cannabis Regulatory Commision has already established certain restrictions on packaging and labeling. Requirements include “opaque, child-resistant special packaging,” and there’s a ban on labels and packaging depicting images of someone who may look under 21 consuming cannabis.

Again, subjective. However, New Jersey would be wise to borrow from the regulations already in place for its medical marijuana laws. These laws prohibit products from having any “resemblance to a trademarked, characteristic or product-specialized packaging of any commercially-available candy, snack, baked good or beverage.” And it goes further, barring any cartoon, color scheme, image, graphic or feature that is attractive to children.

Several states have reported increases in the number of children appearing in poison control centers due to ingesting marijuana edibles. As of August 31, poison control centers across the US reported 3,125 cases involving marijuana in 2021, compared to just over 500 for the entire year of 2018.

It’s a real problem. And as a father with two kids under 10 who love candy, I’m all for edibles being labeled and packaged in a way that won’t pique the interest of curious kids fiending for sugar. 

What would I like to see? How about BIG warning labels, and words in large font that read something to the effect of STOP! DANGER! Or something of the sort.
At a recent New Jersey Cannabis Regulatory Commission meeting, held prior to the rule set forth banning edibles, Dr. Diane Calello, executive director of the New Jersey Poison Center, pointed out the state had seen a 600% increase in children being exposed to edibles since 2018, and she implored the commission to require child-resistant bags and sleeves, which, she said, reduce 80% of poisoning cases when used on traditional medicine containers.

Also, Calello suggested the words “not for children,” in large font, and should read alongside large warning symbols on the label. She added, “They should be simply worded. They should be in color, and understandable to people with all levels of literacy.”

While I am ticked off at New Jersey for how long the state has dragged its feet in getting the market up and running, I appreciate how the state wants to get it right.
“It’ll look fairly medicinal, as opposed to culinary,” DeVeaux states. “And once people feel comfortable and have confidence that we’re doing the right thing, then I think we’ll be able to move forward with products that are more appealing to the adult community and to patients.”


Steve Katz is the former editor of Label & Narrow Web and is now a regular contributor. He is focused on helping companies in the label industry share their news and tell their stories. Follow him on twitter @LabelSteve.