New York Cannabis Packaging Regulations Guide

New York marijuana regulators approved a series of proposed rules for packaging, labeling, advertising and testing requirements. 

I went ahead and downloaded the official regulations document and began reading it. Like typical legal documents it is very unfriendly to read, but after 4 to 5 times I was able to get a visual grasp on them!  

Here is a very quick overview of the regulations simplified and organized to help wrap your brain what it means for your cannabis packaging and marketing opportunities. Here is the link to the legal Part 128 & 129 this guide references. 

Table of Contents

Updated as of June 24, 2022

I believe the regulations have been made official but New York has a 60 day time period to make amendments and changes; which began June 1, 2022. I will keep this guide as updated as humanly possible! As we all know, cannabis regulations change almost daily. I have attached the official document, as this guide should not be used in any legal form. Find the official regulations HERE.

In a Nutshell: Canadian Cannabis Packaging Sets the Example

We can take a look at the packaging designs from the Canadian cannabis industry as a general visual example. They have very similar regulations as New York. Glancing at it, there is a small logo, product name, a choice of color, government provided graphic, a white label with the technical information and a yellow label with warnings.

Image from the Ontario Cannabis Store 

Physical Package

  • Child-resistant
  • Tamper-evident
  • Fully enclose the product
  • Minimize oxygen exposure
  • Prevent the contamination  and/or degradation of the cannabis product
  • Does not impart any toxic or deleterious substance onto the cannabis product. 
  • Cannot be made of single-use plastic, unless containing a minimum 25% post-consumer recycled content
 

New York Sustainability Program

A licensee shall submit an environmental sustainability program for cannabis product packaging as part of the application process. Within two years of issuance of the license, the licensee shall submit to the Board or Office a revised environmental sustainability product packaging plan.

 Claims about recyclable or recycled content packaging shall comply with 16 CFR Part 260 regarding Guides for the Use of Environmental Marketing Claims.

  • Such programs may include but are not limited to:
    Reuse strategies collecting reusable cannabis packaging components to be sanitized and refilled or reused as cannabis packaging
  • Sustainable packaging strategies that use non-plastic, compostable or recyclable materials, or packaging materials exceeding 25% post-consumer recycled content.

Example: 48 North

48NORTH has created a sustainable and visually pleasing package for their pre-rolled joints. This pack is made out of 100% bio-degradable cardboard and soy-based ink. Each pre-rolled joint is 0.35grams of dried flower containing an unbleached crutch and paper.

Package Branding

These have size restrictions but can be any font and color

  • One brand logo or name (wordmark)
  • One product name


CAN NOT

  • Have pictures or graphics, except for what regulators are requiring to be included—such as a new universal symbol that will be used to designate legal marijuana products.
  • Contain any features that emit scent or sound
  • Contain any features that change or alter a package’s appearance through technology, other than for anti-counterfeiting purposes
  • Include the term “organic”
    Includes the term “craft” unless the processor meets the term as defined in Part 118

Avoid appealing to under people 21

  • Cartoons
  • Bubble-type or other cartoon-like font
  • Bright colors that are “neon” in appearance 
  • Any imitation or similarities of food, candy, soda, drinks, cookies, or cereal, in labeling, packaging,  advertising, or marketing
  • Terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez”; 
  • Symbols, images, characters, public figures, phrases, toys, or games that are commonly  used to market products to individuals under the age of twenty-one; or
  • Images of individuals who could reasonably appear to be under the age of twenty-one.

No Health Claims

No “third party” references that imply that a relationship exists between the presence or level of a substance in the cannabis product to a disease or health-related condition or symptom

  • written statements (e.g., a brand name including a term such as “heart”)
  • symbols e.g., a heart symbol
    branding

White Label: Product Information

Design:

Principal packaging display panel shall have:

  • White background with black text
  • No smaller than 6-point font size.
  • Must be in English language but may include an additional, accurate foreign language translation.
  • Must be unobstructed and conspicuous

If on a small package, the information may appear on labels that may be accordion, expandable, extendable or layered.

Checklist:

  • Total THC and CBD milligrams in bold, or any other Marketed Cannabinoid (if applicable)
  • Number of servings in total for the cannabis product except for cannabis flower and other  forms of cannabis for vaporization
  • Weight
  • Lot number
  • List of all ingredients in descending order of predominance by weight in the cannabis  product – both active and inactive. 
  • The ingredient list must include and separately list, in bold, any major allergens.
  • Edible products and beverage products will include a nutritional label  
  • List of any solvent used 
  • Date of expiration 
  • Use by date
  • The proper storage conditions
  • Name, address, license number, and contact information of the manufacturer or  distributor
  • Clear usage instructions
  • Barcode or QR code linked to a downloadable certificate of analysis, or linked to a website where the certificate of analysis can be downloaded
  • Country or State where Hemp is Sourced

New York Universal Cannabis Symbol

Design:

On the white label there also needs to be a space for this New York specific label. Any one of the following three universal symbol layouts that work best for the shape of your package.

  • upper left 25% of the marketing layer at a
  • minimum size of 1.25 inch in height for the square symbol,
  • 0.5 inch in width for the vertical symbol, and
  • 0.5 inch in height for the horizontal symbol.
  • The symbol must be made conspicuous by printing the symbol on, or outlining the symbol with, a contrasting color

Yellow Label: Required Warnings

Design:

The warnings required shall be displayed as follows:

  • In the English language
  • In Times New Roman, Calibri, Arial, or Helvetica
  • In text no smaller than size 6 font
  • Bolded
  • Be legible, unobscured, and visible to the consumer
  • In a bright yellow text box on the principal packaging display panel.

If the label or package are yellow in color, the text box shall be offset with a distinctive border so as to differentiate it from the surrounding label or package.

Checklist:

  • This product contains cannabis and THC.
  • KEEP OUT OF REACH OF CHILDREN AND PETS.
  • For use only by persons 21 years and older
  • Warning: Do not use if pregnant or nursing. Product has not been evaluated by the FDA. Product may contain THC and cause a user to fail a drug test (if applicable). In case of accidental ingestion or overconsumption, contact the National Poison Control Center hotline 1-800-222-1222 or call 9-1-1. Please consume responsibly


For cannabis products intended to be smoked, inhaled, or vaporized:

  • Warning: Smoking or vaping is hazardous to health

For cannabis products intended to be ingested orally:

  • Warning: Effects of this product may be delayed by 4 or more hours;

For all topical products:

  • Warning: For topical use only. Do not eat or smoke

Other Warnings

  • Cannabis may cause impairment and may be habit forming.
  • Cannabis can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of cannabis.
  • There may be health risks associated with consumption of this product.
  • Cannabis is not recommended for use by persons who are pregnant or nursing.

Canada's Digital Marketing is Creative

Because these rules are shaping to look almost like Canada’s regulations, we can see some creative “loop holes” they have started to develop at least in the digital world. If you take a look at some of the online wholesalers, you’ll see these package designs on the ecommerce sites. But if you take a glance at the retailer’s own website there is a creative opportunity happening. Because the websites are age gated, users will testify that they are over the age of 21. 

So it looks like the website holds permission to enhance the design and marketing a touch more to differentiate over competitor products. Something that is almost impossible to do with the regulations.

These “normal” packaging designs are not over the top and they still avoid designs that avoid looking like candy or sweets, but they are expressing the flavors and brand emotions. I took note that images of the products and the rest of the website uses a mix of the regulated packaging design but also the “free range” design. This communicates to the customer that even though there is a beautiful package on the website, they should expect to see the regulated designs in dispensaries. It creates a connection in the consumer’s mind from web to store packaging. They are prompted to look for the colors and logos in the stores.

Here is the link to the legal Part 128 & 129 this guide references. 

How Jade Can Help

Based in Denver Colorado, we are passionate about building creative cannabis & hemp brands that also follow compliance rules state by state.

Say high! high@jadecannastudio.com