Clear, practical guidance for brands, manufacturers, and insurers
Cannabis packaging is a strategic lever—not just a container. The strongest brands balance three goals: consumer safety (child-resistance, tamper-evidence, accurate dosing), environmental responsibility (substantiated claims, recyclability rules, PFAS-free food contact), and strict compliance (state-specific labeling, symbols, and marketing limits). Done well, packaging reduces recall risk and lowers insurance exposure; done poorly, it drives claims and regulatory actions.
What does “compliant cannabis packaging” mean today?
In 2025, compliant packaging typically includes:
Child-resistant closure tested to recognized standards (e.g., 16 CFR 1700.20, ISO 8317) and tamper-evident features.
Clear dosing: THC/CBD per serving and per package, plus serving count and directions for use.
State-mandated warnings and universal symbols printed on the package (not QR-only).
Opaque and resealable formats for multi-serving edibles where required.
Accurate batch/lot identifiers and links (via 2D barcodes/QR) to COAs and recall info.
What changed in 2024–2025 that you can’t ignore?
California “Truth in Recycling” (SB 343) & EPR (SB 54): Stricter rules on using chasing-arrows and “recyclable” claims; EPR rulemaking continues. Document your claim basis and material flows.
Updated state cannabis regs: California’s consolidated 2025 DCC regulations are live; New York’s 2025 proposals tie environmental claims to FTC Green Guides and streamline reporting.
PFAS in food-contact packaging: PFAS grease-proofing agents are out of U.S. food packaging; CA AB 1200 bans intentionally-added PFAS in plant-fiber food packaging used for edibles.
Child-resistant = testable: Regulators expect proof of CR testing (16 CFR 1700.20 / ISO 8317), especially for reclosable formats.
2D barcodes (GS1 “Sunrise 2027”): Retail moves toward scanning 2D codes at POS; plan artwork and data governance now.
Recalls & labeling accuracy: States continue publishing recall bulletins; precise labels and traceable batches reduce scope and cost.
No kid-appeal designs: Enforcement is tightening against child-appealing artwork and candy look-alikes.
Where do rules differ most by state?
States share themes but vary in details. A few highlights:
State
Must-haves & hot buttons
California
Child-resistant & tamper-evident; opaque for edibles; “attractive to children” prohibited; recyclability and environmental claims constrained by SB 343; EPR (SB 54) ramping.
New York
Proposed 2025 packaging updates align environmental marketing with FTC Green Guides; reporting to OCM; exit bag rules evolving.
Colorado
CR at transfer; printed education and warnings required (QR can supplement, not replace); restrictions on child-appealing design.
Michigan
Active recall postings with Metrc tags and images; encourage QR links to batch/COA for rapid traceability.
Maryland
COA access via QR code or direct link on labels for many products.
Why packaging choices affect your insurance (and premiums)
Product liability: Mislabeling (e.g., THC per serving, allergens) and CR failures drive bodily-injury claims. Clean labels, clear dosing, and certified CR packaging reduce frequency and severity.
Recall expense: Lot-level traceability (2D/QR + batch IDs) limits recall scope and speeds regulator coordination—lowering costs and business interruption.
Regulatory risk & green claims: Unsupported recyclability or “eco” claims can trigger enforcement and coverage disputes. Align with SB 343 and the FTC Green Guides.
Co-packing exposure: You own the label—even if outsourced. Require test certs, proofing workflows, and indemnity/additional insured terms.
Who is responsible along the chain?
Brand/Licensee: Ultimately accountable for packaging/label compliance in each state of sale.
Contract packer: Executes to your written specs; must supply CR certificates, keep COAs and batch records, and follow your art/label control SOP.
Lab & track-and-trace: Provide verifiable COAs and accurate batch IDs; enable QR/2D links to results and recall instructions.
How to design 2025-ready cannabis packaging
Certify child-resistance: Use packaging tested to 16 CFR 1700.20 and/or ISO 8317; file certificates and renewal test plans.
Print the essentials: Product name, net quantity, universal symbol, THC/CBD per serving & per package, serving count, warnings, and directions—meeting minimum font sizes.
Don’t rely on QR alone: QR/NFC can extend info (COAs, videos) but cannot replace required printed warnings/symbols.
Design for edibles: Opaque exterior; resealable closures for multi-servings; emphasize dosing clarity.
Go PFAS-free for food contact: Confirm supplier declarations; avoid intentionally-added PFAS in edible contact materials.
Substantiate “green” claims: In CA, ensure SB 343 criteria are met before using chasing-arrows or “recyclable.” Keep documentation.
Plan for 2D barcodes: Reserve art space; decide data (batch, COA URL, recall page); align with GS1 “Sunrise 2027.”
Localize labels: Maintain state-specific art files and checklists; don’t ship a “one-label-fits-all.”
Recall readiness: Maintain a 1-page SOP—who to call, what to publish, which images/Metrc tags to include, and how to notify retail.
Audit co-packers: Annual audits on CR testing, proofing workflows, label version control, and COA retention.
Original Table: Packaging controls that reduce claim severity
Risk scenario
Packaging control
Insurance impact
Child ingestion of edibles
CR, reclosable pack tested to 16 CFR 1700.20 / ISO 8317; no kid-appeal design
SB 343 documentation of collection/sortation criteria
Avoids greenwashing investigations and defense costs
Edible wrapper compliance
PFAS-free food-contact materials and supplier declarations
Reduces enforcement and recall triggers
Missing or QR-only warnings
Print required warnings/symbols; use QR as supplement
Cuts regulatory fines and BI exposure
No recall playbook
One-page SOP; align batch tags to seed-to-sale
Shorter recalls; lower business interruption
Who benefits from contract packaging—and what to require
Co-packing lets brands scale and focus on R&D and sales. To control risk, your agreement should require:
Certified CR packaging (16 CFR 1700.20 / ISO 8317) with current test reports.
Label control workflow (proofing, versioning, sign-offs) and archived art files.
Ownership of 2D/QR data and COA links; batch-level traceability and retention.
Compliance with state environmental-claim rules (e.g., SB 343; FTC Green Guides).
Insurance terms: additional insured, primary & non-contributory, and indemnity for labeling errors.
FAQs
Can I replace printed info with a QR code?
No. Core warnings/symbols must be printed. QR codes can supplement with COAs and education.
Do edible packages have to be opaque and resealable?
Often yes (e.g., California requires opaque edibles and resealable multi-serving packs). Check your state.
Are edible wrappers impacted by PFAS rules?
Yes. PFAS grease-proofing chemicals have been phased out of U.S. food packaging, and CA bans intentionally-added PFAS in plant-fiber food packaging.
Can I use the chasing-arrows symbol in California?
Only if you meet SB 343 criteria. Keep documentation for any recyclability claim.
What symbol rules apply (THC, universal icons)?
These are state-specific. Use the exact symbols and warning language required where you sell.
What’s the deal with GS1/2D codes?
Retailers are preparing for GS1’s “Sunrise 2027,” shifting to 2D scanning at POS. Reserve art space and define your data now.
How does this hit insurance premiums?
Underwriters price to your controls. Clean labels, certified CR packaging, and tight traceability support better terms for product liability and recall expense coverage.
California State Auditor (reports, including youth-appeal packaging findings) — https://auditor.ca.gov/
Disclaimer: Always recycle where accepted and follow your local and state cannabis laws. This article summarizes public guidance and does not constitute legal advice. Consult your counsel and broker before making coverage or labeling decisions.
Nicole Bill is a Commercial Insurance Specialist at Cover Cannabis. A graduate from Humboldt State University with a Bachelors of Science in Business Administration. Nicole began her professional career in Banking and Investments, helping people invest for their retirement through Life Insurance and Annuities. Nicole was drawn to the insurance space because she saw an opportunity of growth and help business owners through the confusing aspects of insurance, specifically in the Cannabis industry.
On her time off, Nicole enjoys playing with her kids and gardening.
