California Marijuana Packaging and Advertising Bill Passes Legislature, Heads to Governor
- California's Assembly Bill 2249, imposing new restrictions on marijuana packaging, labeling, and advertising to prevent appeal to children, has passed the legislature and awaits Governor Gavin Newsom's signature.
- The bill defines materials "attractive to children" as those featuring cartoons, under-21-looking people, child-related celebrities, mascots, fantasy figures, and product imagery resembling children's foods, effective January 1, 2028.
- Packaging cannot imitate children's products or use cartoon depictions on edibles and vape cartridges, with realistic fruit images allowed only for ingredient or region identification.
- The Department of Cannabis Control will develop additional rules and compliance tools to help marijuana businesses adhere to these regulations, while the bill faced almost unanimous legislative support except for one dissenting Assembly member.
California legislation establishing new restrictions on marijuana packaging, labeling and advertising has passed the full legislature and is headed to State Governor Gavin Newsom.
Assembly Bill 2249, sponsored by State Assemblymember Jacqui Irwin (D), received final legislative approval Thursday when the Assembly voted 69-1 to concur with amendments made by the Senate. The measure is now going through the Legislature’s engrossing and enrolling process before being presented to Newsom.
The final Assembly vote came one day after the Senate approved AB 2249 by a 38-0 vote, with two senators not voting. The Assembly had previously passed an earlier version of the measure 69-0 in May.
If signed into law, the legislation would establish a more detailed definition of marijuana packaging, labeling and advertising considered “attractive to children,” with the new provisions taking effect January 1, 2028.
The definition would cover material designed or likely to appeal to people under 21, including cartoons, depictions of people who appear to be under 21, celebrities or influencers primarily associated with children’s entertainment, and child-oriented characters or mascots. Fantasy figures such as unicorns, wizards and dragons would also be included.
The restrictions would additionally apply to images of products primarily marketed to children, including candies, cereals, sweets and desserts, along with certain bubble- or balloon-style lettering and terms including “candy,” “kandy” and “kandee.”
Marijuana packaging and labeling could not imitate or closely resemble non-marijuana products primarily marketed to children. Edible marijuana products and vape cartridges would also be prohibited from using cartoon or overly stylized depictions of fruit, although realistic fruit images used to identify ingredients or a production region would remain allowed.
The Department of Cannabis Control would be authorized to adopt additional rules addressing packaging and labeling features that present heightened risks to children. The department would also be required to develop resources to help marijuana businesses evaluate compliance, potentially including automated assessment tools, educational materials and examples. Automated determinations would be advisory and would not constitute a final department decision.
AB 2249 had received no opposing votes throughout the legislative process until Thursday’s concurrence vote, when Assemblymember Carl DeMaio (R) cast the lone vote against the measure.