Montana Cannabis Laws - Marijuana Packaging Requirements

Protect: Cannabis packaging must protect the product from contamination and not impart any toxic or deleterious substances to the marijuana products. This means you should use FDA approved barrier packaging, like flexible barrier packaging.

Resealable:  If the package contains more than one serving, it needs to be resealable, meaning it needs to have a recolorable zipper.

Not 'primarily' appeal to children.

You cannot include depictions (pictures, illustrations, or other graphics) of children. 

Your graphics and packaging, cannot include images, drawings, or other portrayals of objects, images, celebrities, or cartoon figures that "primarily appeal to children" or are "commonly used to market products to children". This can be dicey territory, but generally avoid all cartoon characters.

Finally the state includes a subjects catch all provision that doesn't allow packaging or labeling that otherwise has special attractiveness for children beyond the general attractiveness for adults.

Use of Trademarks

 In this way it appears the legislative intent of this section was to prevent confusion of marijuana products with non-medicated products, and not encourage knock off marijuana versions of unmedicated products. 

Exit Packaging

Montana is a exit bag state. Exit bags or exit packaging is a required for all marijuana and marijuana products at the point of sale. This means that at the point of purchase all marijuana products have to be put in "exit packaging" which is:

• Child Resistant
• Opaque
• Includes required warnings. 

Child Resistant Standard in Montana

In the state of Montana the child resistant standard is found in ARM 42.39.102(8). The standard of child resistance is defined by reference to the Federal Consumer Product Safety Commission (CPSC) and 16 CFR 1700.20. 

Labeling Requirements for Legal Marijuana

The general labeling requirements for Marijuana products in Montana are found in ARM 42.39.314. These basic requirements are in addition to specific requirements that are set for Flower[2], Edibles[3], Topicals[4], and Concentrates and extracts[5]. 

PRO-TIP: For required warnings, use Times New Roman, in a minimum 4mm font size (Adobe Illustrator). 

Required State Information List 

• Strain Name: They don't state how specific you must be with the strain. 
• Common name: This is an interesting one, they want the package to include the "common" name for the product, so what the laws refer to as ingestible Marijuana-Infused Products" you must include "edible" or Marijuana cookie on the package as applicable. 
• Names:  of the dispensary, and license number of the cultivator, manufacturer. 
• ID Number: ID number from the seed to sale tracking system. 
• Date: Harvested, or manufactured. 
• Net Quantity: They are very specific on weight / net content, it must be stated first in "U.S. Customary" and also Metric (SI) units with the metric in parentheses. For example. 1/2OZ (28g). 
  • If Solid or Semi Solid: Net quantity  is expressed by weight, and must be prefaced with "Net Weight", or "Net".
  • If Liquid: use fluid measure and include the preface "Net Contents" or Net".
  • Number of Servings: You must also include the number of servings. 
• Testing Statement: ""This product has been tested and meets the requirements of the state of Montana."
• QR Code: QR Code must link to the products certificate of analysis, and statement telling the user they can scan code for "additional product information"

PRO-TIP: Here is an example of a good net weight statement. 

Net Weight: 2 oz. (56.7 g) (10 cookies));

Required Warnings Label Text

Basic Warnings:

Montana's required warning labeling for Marijuana products is found in MCA 16-12-215. And is as follows: 

The format required for the Montana warning is found in MCA 16-12-208

Additional Warnings:

• "Keep out of reach of children and pets
• "This product may be addictive"
• "This product may have intoxicating effects. Do not drive while under the influence of marijuana."

Ingestible / edibles warnings

"The intoxicating effects of this product may be delayed by two or more hours."

Medical Use Warnings

If the product is for medical use card holders only, there are two additional warnings: 

- "For medical use only"; and

Flower Specific Requirements 

Each package of marijuana flower must include a marijuana fact's panel which must indicate the percentage of concertation of:

Must Include:

• Total potential psychoactive THC;
• THC;
• THCa;
• CBD; and
• CBDa

May Include: 

• the percentage concentration of each additional marketed cannabinoid or terpene, if applicable[6]

Edibles Specific Requirements

Ingredient List

Edibles and other ingestible products must have an ingredient list which must include all ingredients listed.

• List all ingredients
• Use common names
• list ingredients in order of predominance by weight. 
• use the word "marijuana" before the part of plant (flower, trim) or type on concentrate (oil, infused butter, etc). 
• Trace, insignificant amount that doesn't serve a technical purpose, or have any functional effect does not need to be listed. 

Allergen Statement

Declare the presence of all major food allergens that may be present. No specific format is required other than the use of "plain language"

Marijuana Facts Panel

The milligrams per serving size or dose of:

• THC;
• THCa;
• CBD; and
• CBDa;

The number of servings or doses per package; and For multi-serving packages, the total milligrams per package of:

• THC;
• THCa;
• CBD;
• and CBDa;

Additional Warning required for any ingestible product:

"The intoxicating effects of this product may be delayed by two or more hours."

Lotions, Patches, & non-ingestible product Specific Requirements 

The requirements for non-ingestible products is substantively similar to that of ingestible products. With the exception of there is no requirement for Allergen list, or delayed effects warnings.  

Extracts and Concentrate Specific Requirements

The legislation requirements for extracts and concentrates are substantively similar to that of ingestible products. Food allergen statement can be omitted if the product is not intended to be cooked with, eaten, or otherwise swallowed or digested.  

Additional warning regarding delayed effects is also required. [7]

Conclusion 

States with a lot of open land, natural resources, and a fertile environment for agriculture, such as Montana. There are about 28,000 ranches and ranches in the state, each averaging 2,000 acres. Cannabis farms have sprung up all over the state over the past few years. In 2019, Montana farmers planted a total of 22,000 acres of hemp across the state, averaging half a million dollars per farm. Medical marijuana, like cannabis, is not accessible to everyone and cannot be thrown in a jar. After the plant is grown, harvested and cured, there are regulations that must be met for both packaging and labeling. If one doesn't adhere to these laws, it could result in a punishable misdemeanor, fine, or felony.

Footnotes

[1] https://www.leafly.com/learn/legalization/montana

[2] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E315

[3] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E316

[4] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E317

[5] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E318

[6] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E315

[7] https://rules.mt.gov/gateway/RuleNo.asp?RN=42%2E39%2E318

Alabama's weed laws are just plain strange. Where do we start? Alabama's law and policy seems to make arbitrary distinctions between the forms of cannabis that are allowed, the amount of cannabis a registered patient or caregiver can maintain on-hand, and retain almost all the draconian punishments for recreational use and personal cultivation. The regulations even stipulate they will establish one universal flavor for all gelatinous cube, cuboid, and lozenge medical cannabis products, this is rather nuts in our opinion.

Medical weed is legal in the state of Alabama. Medical use was legalized in 2021 with a bill that passed the legislature and was signed by Governor Kay Ivey. Previous bills passed in 2014 (Carly Law) and 2016 (Leni Law) only allowed the use of CBD oil to treat seizure disorders. 

In juxtaposition to this, recreational use marijuana is illegal and strongly so. The first possession of personal amounts is a misdemeanor, punishable by up to one year in prison, a fine of up to $6,000 and a mandatory six-month suspension of driver's license. Repeat offences and possession with intent to sell are felony offences and may have a mandatory minimum sentence. [1]

ALABAMA MEDICAL CANNABIS PROGRAM OVERVIEW

GENERAL MARIJUANA LAWS & REQUIREMENTS

GUIDELINES FOR PACKAGING

Most of the packaging and labeling regulations for controlled substances are similar to other states. Packaging and labels cannot be deceptive, false or contain misleading claims. 

LABELING REQUIREMENTS

 REQUIRED WARNINGS

UNIVERSAL SYMBOL

The universal state symbol printed in color at least one-half inch by one-half inch in size. It must be present on all packages.

POSSESSION AND CULTIVATION LIMITS

Possession laws state that registered patients and caregivers 19 years of age or older can legally hold up to 70 daily doses of medical marijuana with a a medical marijuana card. The recommending doctor determines what the daily dose is, but cannot exceed 75mg of THC.

Cultivation is illegal in Alabama. A person who grows cannabis plants at home for personal use may be charged with smuggling marijuana, which is considered a criminal offence. Possession of any amount of processed marijuana, with the exception of patients and caregivers, is considered a misdemeanor, with up to one year in prison or a $6,000 fine. Those convicted of possession of marijuana for any purpose other than personal use can face a felony offense and up to ten years in prison and a maximum fine of $15,000. Possession decriminalization is set to be addressed in the Senate before the corona virus shutdown in 2020.

[1] https://norml.org/laws/alabama-penalties/

[2] Ala. Code § 20-2A-63 (1975)

[3] https://weedmaps.com/learn/laws-and-regulations/alabama

Maine Cannabis Packaging Laws & THC Labeling Requirements

Quick Tip!

Typically a hybrid combination of pre-printed packaging, and labels is best. As some information is variable and other information is always know. For example. Pre-printing cultivation Facility numbers, Net weights, and required warnings, but then labeling, final Testing Results, and production date, and cannabinoid content which are variable. 

• 6pt font or bigger Labeling text on any marketing layer must be no smaller than size 6 font or 1/12 inch.
• Written In English: All information included in the labeling requirements must be clearly written or printed and in the English language. There is no current requirement that we could find for bi-lingual warnings.
  
• Unobstructed and Conspicuous: All information included in the labeling requirements, must be displayed on the marketing layer and must be unobstructed and conspicuous.
  
• Printed on the "Marketing layer" All warnings and required language All required information must be printed directly on the packaging, or on a label or sticker affixed directly to "the marketing layer", I.E. generally the outside.
  

Things you can't do...

Well as any good governmental organization the Maine state government has made a good list of prohibitions when labeling, marketing, or packaging cannabis. Most of which are in 

PL 2017, c. 452, §18.

Trademarks

• Trademark Law Violations: Strangely trademark violations are first on the list. This would mean, for example, you cannot call your cannabis product "Nike's Cannabis" and use a big Nike swoosh. But more commonly, what it means is you can't make riffs on name brands.
• No Federal Trademarks: Ok, so in addition to no Anything that makes it look like the product has a federal trademark. Alas no claiming trademarks on your brand (at least yet!). 

Humans Animals, or Fruit!

In a somewhat humorously worded regulation, the obvious things like don't make your packaging appealing to children, and don't mislead your customer, or obscure required warnings, or pretend the product doesn't contain THC (Who would do that?). there is also a section about not including depictions of humans, animals, or fruit, on your packaging...  

• Packaging that appeals to children: This one is going to be very subjective, but here's an example, again remember they are talking the "PACKAGING" so for example making a cannabis infused drink in the capri-sun pouch might be a violation. 
• Misleading or "obscures" the required labeling: So misleading would be a very broad list of things. Here are a couple of hypothetical examples:
  • Hiding the warning in the design, so it doesn't stand out.
  • Claiming the product came from a certain cultivation facility when it actually came from another.
• Do not Include Humans, Animals, or Fruit on the design: Last but not least, they don't want your package to use graphics that incorporate humans, animals, or fruit... ok it is what it is. [4]

Other Advertising Prohibitions

The following is prohibited for packaging related advertising adult-use marijuana:

• Misleading, deceptive, or false advertising.
• Advertising that appeals to those under 21 years of age: Cartoons, colors pallets that appeal to children, or for example. gummy candy that looks like candy kids eat.
  
• Health or physical benefit claims: Ok so we are all probably aware of this one, but just incase you weren't don't make unsubstantiated health and physical benefits, you're just opening yourself up to both the government regulators and people out to catch you. 
  

Medicinal Use vs Adult Use

Maine is home to both a medical cannabis program and an adult use industry. The medical program serves patients, while Maine’s adult use industry services consumers 21 years of age and older. Adult use cannabis and medical cannabis may not be dispensed from the same facility.[5]

For use as recreational purpose the adult must be of 21 years of age but for medicinal use only those individuals who have received a patient certification from a medical professional may legally access medical cannabis from a registered caregiver or dispensary. Patients visiting Maine from another state may be able to purchase medical cannabis from a registered caregiver or dispensary if they have valid patient identification credentials (like a registry or patient identification card) and their state of residence allows them to use their state-issued credential to purchase medical cannabis in Maine.[6]

Maine residents are allowed to grow cannabis for personal use. As many as three mature, 12 immature plants, and an unlimited number of seedlings are allowed per resident 21 years of age or older. These restrictions do not apply to the cultivation of cannabis for medical use by a qualifying patient, a caregiver, a registered caregiver or a registered dispensary as authorized by the Maine Medical Use of Marijuana Act.[7]

A Note related to medical use of marijuana act is that if a registered caregiver, dispensary, or facility has information stated on the packaging related to cannabinoid potency, contaminants, or cannabinoid profile, the information needs to be verified by a Marijuana testing facility. 

Interesting Legal Case

NORTHEAST PATIENTS GROUP v. MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES (Docket No. 1:20-cv-00468-NT)

In 2009, the Maine Legislature amended the State’s existing medical marijuana law to establish a comprehensive system authorizing the sale of medical marijuana. The current iteration of the law—the Maine Medical Use of Marijuana Act (the “Act”)—authorized qualified patients who had a certification from a medical provider for the medical use of marijuana to possess, use, and purchase medical marijuana. The Act also authorizes two types of entities—registered dispensaries and caregivers—to possess, cultivate, and sell marijuana to qualified patients. The Act provides that “all officers or directors of a dispensary must be residents of this State,” (the “Dispensary Residency Requirement”). 22 M.R.S.A. § 2428(6) (H).

High Street a Delaware LLC entirely owned by residents of states other than Maine owns and operates three of the seven registered dispensaries in Maine’s medical marijuana program.

Wellness Connection operated as a mutual benefit nonprofit corporation without any equity ownership, but when Maine changed its law in 2020 to allow dispensaries to become for-profit companies, Wellness Connection converted to a for-profit corporation and is currently wholly owned by three Maine residents.

High Street states that it would purchase all of the equity in Wellness Connection if the Dispensary Residency Requirement did not prohibit it from doing so. The Plaintiffs sued the Department—which is responsible for implementing, administrating, and enforcing the Act.
The court concludes that the Dispensary Residency Requirement violates the dormant Commerce Clause and hints it might strike down Maine medical marijuana residency law.

Foot Notes

We hope this blog article has been a entertaining introduction to the state of Maine's Cannabis packaging and labeling rules. You'll always want to make sure to have your packaging and graphics designs reviewed by a qualified compliance consultant, like a state of Maine cannabis attorney. 

[1] https://www.maine.gov/dafs/ocp/sites/maine.gov.dafs.ocp/files/inline-files/Administrative_Rule_18-691_CMR_ch1-Adult_Use_Marijuana_Program_Rule.pdf

[2] https://www.mainelegislature.org/legis/statutes/22/title22sec2429-A.html

[3] https://www.maine.gov/dafs/ocp/sites/maine.gov.dafs.ocp/files/inline-files/Administrative_Rule_18-691_CMR_ch1-Adult_Use_Marijuana_Program_Rule.pdf

[4] https://www.mainelegislature.org/legis/statutes/22/title22sec2429-A.html

[5] 28-B M.R.S. §1501(1)(C)

[6] 22 M.R.S. §2423-A, Id. §2423-C, Id. §2425-A

[7] 28-B M.R.S. §1502(1)