Retail pot packages won't have much branding

Businesses won't be able to use neon colors or cartoons to advertise marijuana, or to refer to the substance as "weed," "pot" or "sticky buds" under proposed packaging and marketing guidelines put forward by the state.

The state Cannabis Control Board, a five-member body overseeing medical and recreational marijuana policy, unanimously voted Wednesday to advance several packaging and marketing rules for the general market. The guidelines were written to ensure cannabis is not marketed to minors, comes with clear safety information and is sold in packages designed with sustainability in mind.

The state legalized recreational marijuana in March 2021, but has not finished establishing licenses and regulations that businesses will need to abide by. The Cannabis Control Board has started issuing cultivation licenses. Regulators hope their crop will be available in retail dispensaries by the end of the year.

The state agency drafting industry protocols, the Office of Cannabis Management, hasn't issued proposals for wholesaler, distributor and other license types, or guidelines for many aspects of the industry. 

"These regulations were selected as the first regulations for consideration because they will help ensure that products are safe and tested, with appropriate consumer protection labeling," Cannabis Control Board chair Tremaine Wright said.

The newly proposed rules would require businesses to sell cannabis in child-resistant packages that show whether the product has been tampered with. A number of design elements that may appeal to youth would be barred, including cartoons, bubble letters and neon colors.

The exterior layer of packaging wouldn't be able to contain much beyond one brand name and one logo. Other images would be prohibited, except for a state-approved symbol created to communicate that the product contains tetrahydrocannabinol (THC) — a compound that produces a high — and can't be consumed by minors. 

Packages would note the volume of THC, cannabidiol (CBD) — which has anecdotally been found to offer wellness benefits — and any other components of cannabis that are promoted. A list of active and inactive ingredients, expiration information and storage instructions would be required.

Under the proposal, several health warnings would be mentioned in a bright yellow box. Every package would need to contain the lot number, which can be used to trace the product's production history. Products would come with a scannable QR code, where consumers could download a report from the lab that analyzed the cannabis.

Wholesalers and distributors that want to package cannabis will need to include an environmental sustainability plan as part of their license application, according to the proposal. Single-use plastic would be banned, unless at least 25% of it came from material consumers recycled. Regulators plan to collect annual reports from licensees on the weight and cost of packaging materials.

"We face a climate crisis, and we have a real opportunity to get it right from the start," said Cannabis Control Board member Jen Metzger.

Businesses may only advertise marijuana in places where at least 90% of the audience is expected to be adults, the guidelines propose. Promotions would not be allowed on billboards or in stadiums, shopping malls and video game arcades. They'd also be prohibited within 500 feet of schools, child care centers, playgrounds, public parks and libraries. 

Marketing campaigns would need to avoid  cartoon characters, neon colors, images of people smoking or vaping and slang like weed, pot and "chronic" — a term popularized by the musician Dr. Dre. Promotions wouldn't be able to make health claims — say that cannabis can have curative or therapeutic effects — or use the term "organic."

Even store signs would be limited. Under the proposal, retailers could have no more than two signs identifying their business — each no bigger than 1,600 square inches, or about 11 square feet.  

Businesses that violate these rules could face fines or have their licenses revoked or canceled.

Regulators will seek public comment on their plan, beginning June 15. 

By Sarina Trangle

sarina.trangle@newsday.comSarinaTrangle

Sarina Trangle covers affordability and cost of living issues and other business topics. She previously worked as an editor and reporter at amNewYork.