By Legislative Passage
California lawmakers have passed a bill to more clearly define the types of marijuana packaging and labeling that is prohibited due to appealing to children, sending the legislation to the governor’s desk. The measure, sponsored by Assemblymember Jacqui Irwin (D), passed by the Assembly in a vote of 69-1 on Thursday after having cleared the Senate 38-0 a day earlier.
The proposal now heads to Gov. Gavin Newsom (D), who can sign or veto the bill or allow it to become law without his signature. As passed by lawmakers, AB 2249 would define “attractive to children” to mean designed or likely to appeal to people under the age of 21.
This legislative action completes the state’s review of the proposed regulations.
Specific Packaging Restrictions
Indications for that youth appeal would include the use of cartoons, depictions of individuals who appear to be under 21, use of mythological creatures like unicorns or dragons or references to celebrities or characters who are primarily associated with children’s entertainment.
It would also include images of consumable goods that are primarily marketed to children such as candies, cereals, sweets and desserts as well as the use of lettering styles resembling “overinflated bubbles or balloons” that are typical in products marketed to kids.
“Cannabis and cannabis product packaging and labeling shall not imitate, mimic, or closely resemble the packaging, labeling, trade dress, or overall appearance of a non-cannabis product that is primarily marketed to children,” the legislation says.
Implementation and Industry Response
The final version of the bill reflects legislative adjustments made during the review process. These changes included delaying the effective date and narrowing the definition of youth appeal. Some requirements for regulators were also removed during the Senate review.
The Department of Cannabis Control will oversee the new rules. The DCC is directed to adopt regulations on additional design elements posing risks to children. The department must also develop compliance assessment resources to help businesses self-evaluate their packaging.
Assemblymember Jacqui Irwin stated that child cannabis poisonings have increased dramatically since Proposition 64. She noted that exposures are often driven by packaging explicitly attractive to children. Young children who accidentally consume cannabis often require poison control treatment.
