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All About Selling Marijuana In Colorado

This isn’t legal advice. You should double check with your own lawyers like a good business person.
We’ve broken it down into simple and in-depth explanations for you.

The Simple Version

  • Effective January 1st 2014
  • All dispensaries (both medical and retail) must provide compliant packaging for any cannabis product sold.
  • Packaging must be child-resistant, meaning it is “significantly difficult” for kids 5 and under to open.
  • Packaging must be opaque so people can’t tell what is inside.
  • Packaging must be resealable for multi-use products.
  • Packaging must be labeled properly.
  • Packaging can have a logo on it as long as it doesn’t target people under 21 or impede the reading of the label.

The In-Depth Version

MMJ regulations mandate that dispensaries, both medical and retail, sell cannabis products in child-resistant, non-transparent packaging. These new mandates are explained in the documents Marijuana Enforcement Division 1 CCR 212-1 issued September 9th, 2012, page 77, and Marijuana Enforcement Division 1 CCR 212-2 issued September 9th, 2012, pages 92 and 99.
Packaging must be designed or constructed to be significantly difficult for children five years of age and younger to open and not difficult for normal adults to use properly. The child-resistant mechanisms need to meet classification standards as determined by the American Society for Testing and Materials (ASTM), specifically classification standard 16 C.F.R. 1700.20 (1995) and classification standard D3475-12, http://www.astm.org/Standards/D3475.htm . (Page 2 of Marijuana Enforcement Division 1 CCR 212-1 and Marijuana Enforcement Division 1 CCR 212-2)
Colorado cannabis regulation also requires that the packaging be opaque so that the contents of the package are not discernable. (Page 2 of Marijuana Enforcement Division 1 CCR 212-1 and Marijuana Enforcement Division 1 CCR 212-2)
Packages in which cannabis products are sold must be closable for doses above a single use or containing multiple servings. (Page 2 of Marijuana Enforcement Division 1 CCR 212-1 and Marijuana Enforcement Division 1 CCR 212-2)
Packages in which cannabis products are sold must also be labeled properly as required by the R 1000 Series, the section of the Colorado cannabis codes that regulates labeling, packaging, and product safety.
Restrictions on advertising do not apply to packaging and labeling (Page 1 of Marijuana Enforcement Division 1 CCR 212-1 and Page 1 of Marijuana Enforcement Division 1 CCR 212-2) as long as content on the package does not specifically target individuals under the age of 21, including but not limited to, cartoon characters or similar images (Page 92 of Marijuana Enforcement Division 1 CCR 212-2). This does allow for the use of a dispensary’s logo on packaging as long as the image or other text content doesn’t impede the readability of the mandatory product label (Page 1 of Marijuana Enforcement Division 1 CCR 212-1 and Page 1 of Marijuana Enforcement Division 1 CCR 212-1).
In a DOJ memo issued August 29th, 2013, the federal government provided guidance for individuals and businesses operating in the marijuana industry. Specifically, the DOJ wants to keep cannabis out of the hands of children, and compliance with that guideline starts with child-resistant products (http://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf)
This new mandate applies at the point of sale, and for all cannabis products, including flower, bud, hash, tinctures, and THC-infused products such as edibles. Have any more questions? Email info@cannacontainers.com and we will do our absolute best to ensure they are answered to their fullest extent.

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