AB 2249: Cannabis: labels, packaging, and advertising.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities under the jurisdiction of the Department of Cannabis Control, including retail commercial cannabis activity. MAUCRSA prohibits a person engaged in commercial cannabis activity, whether licensed or unlicensed, from engaging in specified advertising or marketing activities, including publishing or disseminating advertising or marketing that is attractive to children. MAUCRSA also places specified requirements on the packaging and labeling of cannabis and cannabis products, including prohibiting packages and labels from being made to be attractive to children.

This bill, commencing January 1, 2028, would define attractive to children to mean designed or likely to appeal to individuals under 21 years of age, as specified. The bill would authorize the department to adopt regulations to address additional packaging and labeling design elements or product characteristics that pose heightened risk to children. The bill would require the department to develop compliance assessment resources to assist licensees in self-evaluating whether packaging or labeling is attractive to children.