California Gov. Gavin Newsom signs cannabis packaging crackdown into law

Key Points
  • California Gov. Gavin Newsom signed Assembly Bill 2240, banning cannabis packaging, labeling, advertising, and marketing that appeal to children, such as cartoons and candy imagery.
  • The law restricts cartoon or overly stylized fruit images on edible and vape cartridge labeling while allowing realistic fruit imagery to describe ingredients or origin.
  • The legislation aims to address rising child cannabis poisonings linked to attractive packaging, building on youth protection measures from Proposition 64 and following state auditor recommendations.
  • The Department of Cannabis Control will provide guidance and resources to help licensees comply, but enforcement will hinge on distinguishing stylized from realistic imagery amidst varying state regulations.

California Gov. Gavin Newsom signed legislation Monday banning cannabis packaging, labeling, advertising and marketing that appeals to children, including images of cartoons, candies and sweets.

Assembly Bill 2240, authored by Democratic Assemblymember Jacqui Irwin, “restricts cartoon or overly stylized fruit imagery” on edible and vape cartridge labeling, according to a news release Newsom’s office issued. It preserves realistic fruit imagery used to describe ingredients or origin.

The law builds on youth protections voters approved under Proposition 64 in 2016. It follows a California state auditor recommendation urging clearer standards for identifying packaging attractive to children.

Irwin tied the bill to health data, saying child cannabis poisonings have risen since Prop 64 passed, often driven by packaging that uses features attractive to children and leads to accidental consumption.

Young children who ingest cannabis frequently require poison control treatment and, in some cases, expose classmates to cannabis.

“California’s cannabis industry continues to package continues to package and market products in ways which are overtly attractive to children,” Irwin said in a statement.

The Department of Cannabis Control will develop compliance resources, including educational materials, examples and guidance to help licensees evaluate their products.

For operators, the challenge is in the details. A stylized fruit is out. A realistic one describing an ingredient is fine.

Drawing that line across thousands of SKUs falls to the DCC and enforcement decisions that will define the standard in practice. Manufacturers and packagers should expect the guidance to reshape label design across edibles and vape lines.

Ambiguity is the core of the national debate. States regulate packaging inconsistently, and “appeals to children” remains a judgment call that varies by market.

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What you will get: 

Not every state is focused on the packaging itself.

Maine’s Office of Cannabis Policy is distributing 12,000 free lockable storage bags through more than 140 medical and adult-use retailers statewide as part of its Safe Storage for ME program, according to ABC affiliate WMTW.

The effort targets accidental access by children, pets and guests after the point of sale rather than at the design stage.