Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
Originally Published: September 1, 2022 Page 1
Updated: March 10, 2023
Introduction
The Cannabis Control Board (the Board) has approved packaging, labeling, marketing, and
advertising (PLMA) regulations which became effective on March 22, 2023. The regulations serve as
the primary rules that all licensees must follow to remain compliant with the Cannabis Law. A copy of
the recently adopted PLMA regulations are available on the Office of Cannabis Management’s
website at www.cannabis.ny.gov/regulations. This guidance document provides the packaging and
labeling framework that adult-use licensees must use to guide the packaging and labeling of cannabis
products and the marketing and advertising framework that all adult-use licensees must use to guide
the marketing and advertising of their cannabis business and products.
Compliance with any current and future State rules, regulations and laws is required by all conditional
licensees to become eligible to transition to a non-conditional license and remain in good standing
with the Office of Cannabis Management (the Office). This guidance document provides clarity on
what the Office’s expectations are in relation to those laws and regulations.
Adult-use cannabis licensees that are not in compliance risk their license being cancelled,
suspended, or revoked or other enforcement actions as authorized by the Marihuana Regulation and
Taxation Act (MRTA), Cannabis Law, and Title 9 of the New York, Codes, Rules and Regulations (9
NYCRR).
Version 4: Changes in the March 10, 2023 revision to this guidance include:
• Clarification regarding rotating warnings;
• Clarification regarding required labeling information;
• Recommendation that licensees minimize the presence of cultivar names that may otherwise be attractive to
individuals under twenty-one;
• Additional guidance on terpene profiles and when terpenes are considered “marketed”;
• Additional clarification on outdoor signs and exterior dispensary lighting;
• Additional clarification regarding symbols and implicit health claims;
• Additional FAQ regarding opaque retail packages; and
• Various formatting, grammatical, and technical changes.
See Appendix E for a full list of changes made to this guidance.
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Updated: March 10, 2023
Contents
Packaging and Labeling & Marketing and Advertising; Key Reporting Deadlines to the Office ............ 4
Definitions ............................................................................................................................................. 4
Adult-Use Packaging and Labeling & Marketing and Advertising Documentation ................................ 9
1a. Required Documentation for Packaging and Labeling: ................................................................................................. 9
1b. Required Documentation for Marketing and Advertising: ........................................................................................... 9
Adult-Use Packaging .......................................................................................................................... 10
2. Retail Package Minimum Standards. ............................................................................................................................ 10
3. Cannabis Product Packaging Prohibitions. .................................................................................................................... 10
Adult-Use Labeling .............................................................................................................................. 12
4. Cannabis Product Labeling Minimum Standards. ......................................................................................................... 12
4a. Principal Packaging Display Panel Minimum Standards. ............................................................................................ 12
4b. Retail Package and Marketing Layer Minimum Standards. ........................................................................................ 16
4. Labeling Prohibitions ..................................................................................................................................................... 19
Adult-Use Packaging and Labeling Sustainability ............................................................................... 22
5. Retail Packaging Sustainability Program. ...................................................................................................................... 22
6. Reusable Packaging. ...................................................................................................................................................... 22
7. Recycled Content Packaging and Recyclable Packaging. .............................................................................................. 22
Adult-Use Marketing and Advertising .................................................................................................. 23
8. Required Information. ................................................................................................................................................... 23
9. General Requirements & Prohibitions. ......................................................................................................................... 25
10. Format-Specific Requirements. ................................................................................................................................... 30
a. Online Advertisements. ........................................................................................................................................ 30
b. Brand Representatives. ......................................................................................................................................... 30
c. Handbills................................................................................................................................................................ 30
d. Signs. ..................................................................................................................................................................... 30
f. Mascots. ............................................................................................................................................................... 32
g. Events. ................................................................................................................................................................... 32
11. Use of Brand, Intellectual Property. ............................................................................................................................ 33
Adult-Use Packaging and Labeling & Marketing and Advertising; Compliance and Violations ........... 34
12. Correcting Noncompliant Packaging and Labeling ..................................................................................................... 34
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Updated: March 10, 2023
13. Packaging and Labeling Violations. ............................................................................................................................. 34
14. Marketing and Advertising Violations. ........................................................................................................................ 34
Appendix A: Fonts and Text Use ........................................................................................................ 35
Appendix B: Health Claims ................................................................................................................. 37
Appendix C: Examples of Compliant Labeling of Adult-Use Cannabis Products ................................ 39
Example 1: An Edible Cannabis Product’s Marketing Layer.............................................................................................. 39
Example 2: An Edible Cannabis Product’s Principal Packaging Display Panel .................................................................. 40
Example 3: A Cannabis Flower Product’s Principal Packaging Display Panel ................................................................... 41
Appendix D: Cannabis Product Packaging & Labeling Checklists ...................................................... 42
Appendix E: List of Revisions to this Guidance ................................................................................... 47
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
Originally Published: September 1, 2022 Page 4
Updated: March 10, 2023
Packaging and Labeling & Marketing and Advertising; Key Reporting Deadlines to the Office
A licensee that packages cannabis products for retail sale shall annually report:
• the total amount of packaging material, by weight, sold, offered for sale, or distributed into the
State by the licensee in the prior calendar year;
• the percentage of all packaging material sold, offered for sale, or distributed for sale in the
State;
• the total amount of packaging material, by the country of origin where the packaging was
manufactured or sourced, sold, offered for sale, or distributed into the State;
• the total number of refillable containers reused for cannabis products sold, offered for sale, or
distributed for sale in the State; and
• the total costs of packaging material.
This information shall be reported through a method authorized by the Board and shall begin one
year after the date the license is issued. In anticipation of this reporting requirement, licensees should
be tracking this information throughout the year.
Definitions
The Office will be using the following terms in describing requirements from Cannabis Law, and in this
guidance document. The definitions below represent the Office’s interpretation of these terms:
1. Advertising means the process of disseminating advertisements in any manner or by any
means.
2. Advertisement means any publication, video, use of a brand representative, or any other form
of media for the purpose of causing, directly or indirectly, the purchase or use of a brand or
cannabis product including, but not limited to: websites, social media, print media, broadcast
media, TV, radio, streaming media, out of home media, outdoor signs, merchandise, event
sponsorship, street art, murals, and digital communications.
3. Attractive to individuals under twenty-one means labeling, packaging, advertising and
marketing that is pleasing or appealing to persons under the age of twenty-one by using or
including, among other things: Cartoons; bubble-type or other cartoon-like font; bright colors that
are "neon" in appearance; similarities to products or words that refer to products that are
commonly associated with or marketed in a manner so as to be attractive to individuals under
twenty-one, including, but not limited to, any imitation of food, candy, soda, drinks, cookies, or
cereal (with the exception of cultivar names or a licensee’s name) in labeling, packaging,
advertising, or marketing; terms “candy” or “candies” or variants in spelling such as “kandy” or
“kandeez” (with the exception of cultivar names or a licensee’s name); symbols, images,
characters, public figures, phrases, toys, or games that are commonly used to market products
to individuals under the age of twenty-one; or images of individuals who could reasonably
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Updated: March 10, 2023
appear to be under the age of twenty-one (unless the individual is at least twenty-five years of
age).
4. Board means the Cannabis Control Board of New York State as established by Article 2 of the
Cannabis Law.
5. Brand or Branding means the name, entity name, or doing business as name, registered
trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other
identifiable marker that identifies one adult-use cannabis licensee or adult-use cannabis
licensee’s cannabis products as distinct from those cannabis products of other adult-use
cannabis licensees and is used in, among other things, any packaging, labeling, advertising or
marketing.
6. Certificate of analysis means a certified report from a cannabis laboratory that meets the
requirements of 9 NYCRR Part 130.
7. Child-resistant means special packaging for sale to a consumer that is:
a. designed or constructed to be significantly difficult for children under five years of age to
open and not difficult for adults to use properly as defined by 16 CFR § 1700.15 for Poison
Prevention Packaging Standards and 16 CFR § 1700.15 for Testing Procedure for Special
Packaging, as amended from time to time, and
b. follows the packaging standards set forth and the testing procedure set forth in 16 CFR §
1700.20.*
8. Date of expiration means the date prior to which an unopened cannabis product meets
applicable standards of identity, potency, and quality at time of use, as determined by
appropriate stability testing, subject to any storage conditions stated on the labeling.
9. Edible means a product, containing either cannabis or concentrated cannabis and other
ingredients, intended for use or consumption through ingestion, including sublingual or oral
absorption.
10. Exit package means a receptacle into which cannabis products within a retail package are
placed at the retail point of sale. The exit package is optional.
11. Health claim means any claim made on the retail package or marketing layer or in the
marketing or advertising of a cannabis product, that expressly or by implication, including, but
not limited to, by "third party" references, written statements (e.g., a brand name including a term
such as "heart"), symbols (e.g., a heart symbol, plus '+' sign, caduceus, or other medical
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Updated: March 10, 2023
symbols indicating it is a health product), or branding, that characterizes the relationship of any
cannabis product to a disease or health-related condition or symptom. Implied health claims
include those statements, symbols, branding, advertisements, or other forms of communication
that suggest, within the context in which they are presented, that a relationship exists between
the presence or level of a substance in the cannabis product to a disease or health-related
condition or symptom.
12. Licensee means an individual or an entity who has been granted a license for any activity under
Article 4 of the Cannabis Law.
13. Lot unique identifier or lot number or bar code means any distinctive combination of letters,
numbers, or symbols, from which the complete history of cultivation, manufacturing, processing,
testing, distribution or recall of a lot of a cannabis product can be determined.
14. Marketing means the process of identifying consumers’ needs and addressing such needs
through advertisements.
15. Marketing layer means packaging in addition to the retail packaging that is the outermost layer
visible to the consumer at the point of sale. The Marketing Layer is optional, but if used it must
comply with all adult-use labeling requirements.
16. Non-consumer package means any container or wrapping used solely for the transport of
cannabis or cannabis products in bulk between licensees and particularly, a package intended
solely for wholesale distribution and not final retail sale.
17. Office means the Office of Cannabis Management as established by Article 2 of the Cannabis
Law.
18. Phytocannabinoids means any of the chemical compounds, excluding terpenes or any other
compounds determined by the Office, that are the active principles of the cannabis sativa,
including but not limited to tetrahydrocannabinol (THC) and cannabidiol (CBD), and does not
include synthetic cannabinoids as that term is defined in subdivision (g) of schedule I of section
thirty-three hundred six of the Public Health Law.
19. Plastic means a synthetic material that is made from linking monomers through a chemical
reaction to create a polymer chain that can be molded or extruded at high heat into various solid
forms that retain their defined shapes during their life cycle and after disposal.
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20. Post-consumer recycled content means new material produced using material resulting from
the recovery, separation, collection, and reprocessing of material that would otherwise be
disposed of or processed as waste and that was originally sold for consumption. It does not
include post-industrial content, or material generated by means of combustion, incineration,
pyrolysis, gasification, solvolysis, chemical recycling and any high-heat or conversion process.
21. Principal packaging display panel means the panel of the retail package or the marketing
layer that the processor intends to be displayed for a cannabis product at retail.
22. Resealable means a package that maintains its child-resistant effectiveness, as well as
preserving the integrity of cannabis products for multiple servings.
23. Retail package means a sealed, hard or soft-bodied, child-resistant receptacle in which the
cannabis product is offered for retail sale. Retail package does not mean: (1) inner wrapping or
lining; (2) an exit package; or (3) a non-consumer package used to transfer cannabis from one
licensee to another.
24. Reusable packaging is packaging made from durable material that is designed to be used
repeatedly for a number of use cycles, is safe for washing and sanitizing, and is capable of being
recycled at the end of use, with the exception of ceramic packaging.
25. Special branding material means a visual or audio element which shall only be for use in
packaging, labeling, marketing, and advertising by certain licensees or on certain cannabis
products including, but not limited to, a designation that a licensee is a social and economic
equity licensee. All special branding materials and the brands or products authorized to use such
materials shall be defined, made available, and designated for use in guidance.
26. Tamper-evident means, with respect to a device or process, bearing a seal, a label or a
marking that makes unauthorized access to or tampering with a package, product or container
easily detectable.
27. Total THC means the sum of the percentage by weight or volume measurement of
tetrahydrocannabinolic acid multiplied by 0.877, plus, the percentage by weight or volume
measurement of THC.
28. Universal symbol means an image developed by the Office, and made available to licensees,
that indicates that a retail package or the product contains cannabis.
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29. Use by date means the date prior to which an opened cannabis product meets applicable
standards of identity, potency, and quality at the time of use, as determined by appropriate data,
subject to any storage conditions stated on the labeling.
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Adult-Use Packaging and Labeling & Marketing and Advertising Documentation
1. Required Documentation for Packaging and Labeling: Licensees are required to maintain a
copy of the certificate showing that each retail package into which the licensee places cannabis
or cannabis products is child-resistant and complies with the requirements as defined by 16 CFR
§ 1700.15 for Poison Prevention Packaging Standards Poison Prevention Packaging Standards
and 16 CFR § 1700.20 for Testing Procedure for Special Packaging, as amended from time to
time*.
The Office may request a copy of this certificate at any time to ensure compliance with this
provision.
1b. Required Documentation for Marketing and Advertising: Licensees must maintain records
and documentation to ensure that any advertising and marketing, including all advertisements,
comply with all requirements in this guidance.
Licensees should pay special attention to records and documentation related to the composition
of the audience of any advertisements. As explained in the “General Requirements and
Prohibitions” section of the “Adult-Use Marketing and Advertising” chapter of this document,
licensees are required to have reliable evidence that at least 90% of the audience of certain
advertisements are reasonably expected to be twenty-one years of age or older.
There are many forms of reliable evidence that can substantiate the composition of the audience
that is reasonably expected to view an advertisement.
Some examples of such evidence are:
• A description of the age verification methods of an establishment that only allows
entrance to individuals who are at least twenty-one years old;
• Audience composition data provided by a media purchasing agency or ad agency to
verify the demographic information of an audience; and
• Age analytics for the media unit purchased or considered.
Evidence is not reliable if it does not accurately represent the reasonably expected audience of
an advertisement. The methods through which evidence is collected, the nature of the evidence
itself, and the applicability of the information to the situation in which the advertisement will be
placed are all factors that could result in evidence being deemed “unreliable.”
An example of unreliable evidence would be: supplying information about the typical audience
composition of a television channel at 11:00 A.M. and applying that evidence to suggest that
90% of the audience viewing an ad placed on that channel at 9:00 P.M. would be reasonably
expected to be twenty-one years of age or older. Such information would be unreliable because
it would not be information applicable to the situation in which the ad was placed; it is not
reasonable to expect the audience of a channel at 11:00 A.M. to be similar to the audience at
9:00 P.M.
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Adult-Use Packaging
2. Retail Package Minimum Standards. All retail packages must be child-resistant, tamper-
evident, and fully enclose the product. The retail package must be sealed in a way that protects
against light and other contaminants that may potentially damage the product during storage.
The retail package must not expose the cannabis product to any toxic or harmful substances. If
the package contains multiple servings, it must be resealable. A retail package is required. A
marketing layer is optional.
Frequently Asked Question
Does this mean that a retail package needs to be opaque? Is packaging that allows people
to see the cannabis product inside allowed?
A retail package must protect the cannabis product inside from contamination and/or degradation.
This does not mean that a product needs to be in an opaque package. Packaging can be
transparent or otherwise allow people to see the product contained within, only if that transparency
does not allow light (or other factors) to contaminate or degrade the product . The exact nature of
the packaging allowed may depend on the product’s form or composition and the impact that UV
light has on that form or composition.
For whole cannabis flower and other cannabis flower products (such as pre-rolls), the incidental
exposure of cannabis flower to light during shipping or sale is not a sufficient level of exposure to
require the product be placed in an opaque retail package. A licensee may package flower or
prerolls in a retail package that allows consumers to see the product through the package.
Licensees who package or sell these products in non-opaque retail packages should consider
potential product degradation when storing packaged cannabis products. It is unacceptable for
cannabis products to be stored in an area that exposes the underlying product to contaminants or
causes the product to degrade in potency. An example of unacceptable storage would be storing
whole cannabis flower that is packaged in a transparent retail package near a window in a manner
such that the packaged products are exposed to direct sunlight during storage.
3. Cannabis Product Packaging Prohibitions. Cannabis product packaging, which includes all
packaging elements except non-consumer packaging, cannot contain:
• any components that may be attractive to individuals under twenty-one;
• any features that emit scent or make sound; or
• any features that change or alter a package’s appearance through technology, other than for
anti-counterfeiting purposes, such as holographic features.
Cannabis product packaging cannot be attractive to individuals under twenty-one. As defined in
the “Definitions” section, packaging is attractive to individuals under twenty-one if it uses or
includes:
• cartoons;
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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• bubble-type, or cartoon-like font, such as puffy, rounded block letters (see Appendix A);
• bright colors that are “neon” in appearance, including any color which, when listed in a form of
hue, saturation, and lightness, has a saturation value greater than 60%. Examples of such
colors are shown below in Figure 1;
• similarities to products or words that refer to products that are commonly associated with or
marketed in a manner so as to be attractive to individuals under twenty-one, including, but not
limited to, any imitation of food, candy, soda, drinks, cookies, or cereal (with the exception of
cultivar names or a licensee’s name);
• terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez” (With the
exception of cultivar names or a licensee’s name);
• symbols, images, characters, public figures, phrases, toys, or games that are commonly used
to market products to individuals under the age of twenty-one; or
• images of individuals who could reasonably appear to be under the age of twenty-one, unless
the individual is at least twenty-five years of age.
Cannabis product packaging cannot be made of plastic, unless containing a minimum 25% post-
consumer recycled content. Licensees must comply with this requirement by January 1, 2024,
unless otherwise authorized by the Board.
Frequently Asked Question
What must my packaging be made of? Will the Office certify my packaging materials as
“allowable”?
At this time, the only requirement pertaining to the material composition of cannabis product
packaging is that cannabis product packaging cannot be made of any plastic, unless that plastic
contains a minimum 25% post-consumer recycled content. Licensees must comply with this
requirement by January 1, 2024, unless otherwise authorized by the Board. Please note that this
requirement applies to all cannabis product packaging, including exit packages, and is not limited only
to a product’s retail package.
The Board and Office highly encourage licensees to choose materials in their product packaging that
have a minimal environmental impact and encourage licensees to incentivize recyclable product
packaging and packaging re-use. Licensees’ annual reporting on packaging materials will be used to
help guide future policies related to cannabis product packaging sustainability.
The Office does not certify certain packaging materials for licensees at this time.
Figure 1. Examples of Colors With >60% Saturation
Packaging and Labeling & Marketing and Advertising Guidance for Adult-Use Licensees
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Adult-Use Labeling
4. Cannabis Product Labeling Minimum Standards. There are minimum standards for cannabis
product labeling. Appendix C shows examples of the principal packaging display panel and retail
package or marketing layer of cannabis products in compliance with the Office’s product labeling
standards.
Please note: All required labeling must be unobstructed and conspicuous on the product even
after the product has been opened.
Using the universal symbol or any other required labeling information as a tamper-evident
seal is unacceptable. Printing any required labeling information on a tamper-evident seal (or
anywhere else on the package where the information would not remain unobstructed and
conspicuous after the product has been opened) does not fulfill the requirement to label the
package with that information. Any required labeling information that is printed onto a tamper-
evident seal must also be elsewhere on the product’s outermost layer (i.e., the retail package or,
if marketing layer is used, the marketing layer) in an acceptable manner.
4a. Principal Packaging Display Panel Minimum Standards. The principal packaging display
panel is a panel of the retail packaging or marketing layer—if a marketing layer is used—which is
intended to be displayed at retail.
Frequently Asked Question
Can the principal packaging display panel (PPDP) be any side of the package? Is it the
front?
The PPDP can be any panel of the package that could be reasonably assumed to be intended to
be displayed at retail. The licensee that is packaging and labeling a product determines what panel
of the package is the PPDP when packaging and labeling.
Depending on the package’s shape, most sides of a three-dimensional package could be
reasonably assumed to be displayed at retail. Generally, this will include the top, front, and sides
of the package. Because the information that is required to be printed on the PPDP is intended to
be seen by customers when they are browsing shelves, the PPDP cannot be the bottom or back
of the package.
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The principal packaging display panel must be printed legibly and contain the:
• Milligrams per single serving of total THC,
1
total CBD,
2
and any other marketed
phytocannabinoids,
3
(this information must be bolded on the principal packaging display
panel);
• Terpene profile (if the product’s terpene content is marketed)
• Milligrams per package of total THC
1
and Total CBD
2
(this information must be bolded on the
principal packaging display panel);
• Amount of total THC
1
and any other marketed phytocannabinoids as a percentage of volume
(except if the cannabis product is in the form of an edible);
• Number of servings in total for the cannabis product and, if possible, the recommended size of
the serving (except for cannabis flower and other forms of cannabis for vaporization); and
• Weight of the cannabis product.
This information must be unobstructed and conspicuous. Licensees may include this information
by printing the information directly onto the retail package or by affixing one or more labels with
the information to the retail package, provided that none of the information is obstructed. All
required labelling text must be no smaller than 6-point font size. All required text must be clearly
written or printed and in the English language. In addition to the required labeling in English,
licensees can include accurate foreign language translation(s) of the required labels.
Terpene Profile. If a cannabis product’s terpene content is marketed, then the principal
packaging display panel must be labeled with a terpene profile.
When is a terpene profile required? A product’s terpene content is considered, “marketed” and,
thus, must include a terpene profile if:
• content on the product’s outermost layer (its retail package or, if a marketing layer is used,
its marketing layer) references a specific terpene; or
• the product is oil for vaporization and terpenes were added to the product during
processing.
What must a terpene profile consist of? If a product is required to contain a terpene profile then
that profile must contain, at a minimum:
• a list of the three terpenes with the highest concentration, by weight or volume, in the
product;
• the approximate percentage of either the product’s total terpene content or the product’s
total weight or volume that each of the three listed terpenes represent;
1
Total THC is calculated as: total THC = THC + (THCA x 0.877)
2
Total CBD is calculated as: total CBD = CBD + (CBDA x 0.877); Total CBD is not required to be listed on products which
contain <0.01mg CBD per package.
3
Marketed phytocannabinoids are any phytocannabinoids that are mentioned on the cannabis product’s packaging or
labeling or otherwise associated with the cannabis product by the processor.
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• if a product is oil for vaporization, a list of all terpenes added to the product during
processing that are present in the final product at a concentration of 0.2% or more of the
product’s total volume; and
• if a product is oil for vaporization, and terpenes were added to the cannabis product by its
processor, the percentage of the product, by volume, that is terpenes.
Where must the terpene profile be labeled and how must it look? If the terpene profile is
required, it is acceptable for a licensee to print the profile itself elsewhere on the package’s
outermost layer (the retail package or, if a marketing layer is used, the marketing layer) and it is
also acceptable for a licensee to include some, or all, of the required information on the product’s
Certificate of Analysis (CoA). If a licensee does not print the profile itself on the principal
packaging display panel, then the licensee must label the product’s principal packaging display
panel with clear instructions to assist consumers in finding the product’s terpene profile. Some
examples of acceptable clear instructions that could appear on the principal packaging display
panel are “Terpene profile on back.” Or “Full terpene content on CoA.”
For example, it would be acceptable for a vape cartridge to contain the text “Full terpene content
on back” on the product’s principal packaging display panel, to list all terpenes added to the
product during processing on the back of the package’s marketing layer, and to list all other
information required of the product’s terpene profile on it’s CoA.
A terpene profile can be depicted visually (e.g., as a graph or pie chart) or through text alone.
However, if a visual representation is used, approximate percentages must be apparent and
legible from the visual representation. It is unacceptable to use a pie chart that does not have any
numbers associated with it.
Some examples of acceptable ways to make a terpene profile available are pictured on the next
page.
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Figure 3. Examples of Acceptable Terpene Profiles
30%
D-Limonene
23%
Myrcene
21%
Linalool
9%
Beta-
Crophyllene
TERPENES
Cultivar Name
Example A
If the product is not oil for
vaporization, then the terpene profile
is only required to display the three
terpenes with the highest
concentration in the product and
their approximate percentage.
Example B
If the product is oil for vaporization,
then the terpene profile must list, in
addition to the three terpenes with
the highest concentration, all
terpenes added by the processor that
have a concentration of more than
0.2% in the final product.
Example C
The profile itself does not need to be on the principal
packaging display panel if it is elsewhere on the package’s
outermost layer, or on the product’s certificate of analysis,
and text on the principal packaging display panel tells a
consumer where to find the terpene profile.
Scan QR code on
package reverse for
terpene profile
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4b. Retail Package and Marketing Layer Minimum Standards. The retail package or, if a
marketing layer is used, the marketing layer, must contain a list of all ingredients in the cannabis
product, other required information, and required warnings. Cannabis products are not required
to contain a marketing layer in their packaging.
Frequently Asked Question
What is a marketing layer?
A marketing layer is packaging that is in addition to the retail package and is the outermost layer
of the product’s package. A marketing layer is optional. It allows for flexibility in scenarios where
the licensee may not wish for the package’s child-resistant component (i.e., the retail package) to
be the outermost layer of the product’s packaging.
All required labelling text must be no smaller than 6-point font size. All required text must be
clearly written or printed and in the English language. In addition to the required labeling in
English, licensees can include accurate foreign language translation(s) of the required labels.
List of all ingredients in the cannabis product. This ingredients list must appear on the retail
package or, if a marketing layer is used, the marketing layer. The list must include all active and
inactive ingredients in descending order, by weight in the cannabis product. The ingredient list
must include and separately list, in bold, any major allergens set forth in the Food Allergen
Labeling and Consumer Protection Act of 2004, as it relates to Food and Drugs for misbranded
food (21 U.S. Code § 343), as amended from time to time.
Edible products and beverage products must also include a nutritional label compliant with 21
CFR § 101.9(c), as it relates the labeling of food, as amended from time to time*.
Cannabis products marketed and sold as dietary supplements must also include a supplement
fact panel compliant with federal codes for nutritional labels of dietary supplements (21 C.F.R. §
101.36) as it relates to the labeling of dietary supplements.
Other required information. In addition to a list of all ingredients, the retail package or, if a
marketing layer is used, the marketing layer, must contain:
• A list of any solvent used to produce the cannabis product, if applicable;
• The date of expiration of the unopened cannabis product;
• the use by date;
4
• proper storage conditions;
4
It is acceptable for the use by date to be relative to when the product is opened, such as “Use within 90 days of
opening.”
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• Name, location (at a minimum, city or zip code), license number, and direct contact
information
5
of the processor;
6
• At least one of the three universal symbols (as shown in Figure 2 below). The symbol(s) must
be at least 1.25 inches in height for the square symbol, 0.5 inch in width for the vertical symbol,
and 0.5 inch in height for the horizontal symbol. Licensees cannot alter the colors of the
symbol. The symbol must be made conspicuous by printing the symbol on—or outlining the
symbol with—a color which contrasts with the symbol. Production-ready versions of the
universal symbol in both CMYK and Pantone Matching System formats are available on the
Office’s website;
• Clear usage instructions;
• Lot unique identifier or lot number or bar code (see the below paragraph for additional
information on this requirement); and
• A scannable bar code or QR code linked to a downloadable Certificate of Analysis or linked to
a website where the Certificate of Analysis can be downloaded.
Lot Unique Identifiers, Lot Numbers, and Bar Codes. A product is required to be labeled with
its lot unique identifier, lot number, or bar code. This must be a distinctive combination of letters,
numbers, or symbols, or any combination of them, from which the complete history of cultivation,
manufacturing, processing, testing, distribution or recall of a lot of a cannabis product can be
determined. There are certain requirements for how this must be listed:
• If the lot unique identifier, lot number, or bar code is meant to be scanned by a machine
(such as a bar code or QR code), the number associated with this scannable code must
5
A website alone will not suffice; licensees must include information that allows a consumer to directly contact them in the
event of a contaminated product, such as a phone number or email address.
6
Adult-Use Conditional Cultivators (AUCC) have the ability to process and distribute cannabis flower products. For the
purposes of this guidance document the term processor includes AUCC conducting this activity.
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also be clearly shown. Examples of some acceptable ways to visually display a number in
association with a bar code are shown below.
• The lot unique identifier, lot number, or bar code cannot be only the product’s expiration
date or use by date. It also cannot be the bar code for the packaging material itself. It must
be a unique identifier that is sufficient to determine a product lot’s complete history of
cultivation, manufacturing, processing, testing, distribution or recall.
Required Warnings. Either the retail packaging or, if a marketing layer is used, the marketing
layer must contain the following warnings in bold:
• “This product contains cannabis and THC.”
• “KEEP OUT OF REACH OF CHILDREN AND PETS. For use only by persons 21 years
and older” (NOTE: this warning must include the capital letters as indicated)
• “Warning: Do not use if pregnant or nursing”
• “Poison Center 1-800-222-1222”
• For cannabis products intended to be smoked, inhaled, or vaporized: “Warning: Smoking or
vaping is hazardous to health”
• For cannabis products intended to be ingested orally: “Warning: Effects of this product may
be delayed by 4 or more hours”
• For all topical products: “Warning: For topical use only. Do not eat or smoke”
These warnings must be printed in the English language in Times New Roman, Calibri, Arial, or
Helvetica font as seen in Appendix A. Text must be no smaller than size 6 font, bolded, legible,
unobscured, and visible to the customer. The word “Warning” does not need to preface each
warning where indicated if it is clearly associated with the required warnings as a header.
Required Rotating Health Warnings. In addition to the required warnings described above, the
retail packaging or marketing layer must include one—and only one—rotating health warning as
determined by the Office. A licensee cannot use the same rotating warning on all of its products at
a given time, and a licensees cannot use all rotating warnings at the same time on all of its
products. Licensees shall label and package in a manner which ensures rotating warnings are
randomly distributed and that each warning appears on an approximately equal number of labels
within a given calendar year. Licensees may do this by printing an equal number of labels with
each warning evenly across all product stock keeping units (SKUs) rather than within each SKU.
Similarly to the other required warnings, the rotating warning must be printed in the English
language in Times New Roman, Calibri, Arial, or Helvetica font as seen in Appendix A. Text must
be no smaller than size 6 font, bolded, legible, unobscured, and visible to the customer.
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Licensees may include this information by printing the information directly onto the retail package
or by affixing one or more labels with the information to the retail package or marketing layer,
provided that none of the information is obstructed.
The following warnings should be rotated:
• “Cannabis can be addictive.";
• “Cannabis can impair concentration and coordination. Do not operate a vehicle or machinery
under the influence of cannabis.”;
• “There may be health risks associated with consumption of this product.”; or
• Other warnings as determined by the Office.
If additional warnings are added, the Office will provide advance notice to licensees in allowance
for the time it will take to print new labels.
Use of Overlapping Labeling. To permit labeling of small retail packages, certain required
information may appear on labels that may be accordion, booklet, dry release, expandable,
extendable, peel-and-reseal, or similar, with the exception of:
• The principal packaging display panel minimum standards;
• At least one of the three universal symbols (Figure 2); and
• The following two warnings:
o “This product contains cannabis and THC.”
o “KEEP OUT OF REACH OF CHILDREN AND PETS. For use only by persons 21 years
and older” (NOTE: this warning must include the capital letters as indicated)
Frequently Asked Question
I’m running out of room on my product’s label. Can I use a QR code or some other method
to link to some of the required information in this section instead of printing it on the
package?
No. The retail package or, if it is used, the marketing layer, must contain all the required
information in at least size 6 font. Linking to the required information does not fulfill the
requirement to label the product with it. For small products, certain information can appear on
accordion, expandable, extendable, or layered labels, as described above this question.
4. Labeling Prohibitions A cannabis product package, including an exit package, shall not display
any content or be labeled in any manner that:
• Includes any false or misleading statements, images or markings, including making any health
claims or making any representation that use of cannabis has curative or therapeutic effects;
For more information on “health claims” see Appendix B.
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• Includes the term “organic” (or the phrase “made with organic ingredients”) since there is no
organic standard yet established for cannabis recognized federally;
Please note: This does not prohibit cannabis or cannabis products from being cultivated
or processed using organic practices or otherwise being sustainably produced.
• Includes the term “craft” unless the processor meets the term as defined by future regulation
or guidance;
• Include the term “gluten-free” or imply the product is gluten-free, unless the product meets the
term as defined in 21 CFR § 101.91;
• Include the term “kosher” or imply the product is kosher, unless the product is packaged and
labeled in compliance with section 201-a of the Agriculture and Markets Law;
• Include the term “vegan” unless the product does not contain any animal products, including
gelatin;
• Causes a reasonable consumer confusion as to whether the cannabis product is
trademarked, marked or labeled in a manner that violates any federal trademark law or
regulation;
• Contains any illustration or content that falsely portrays cannabis or cannabis products as
being authorized under or of Article 3 (Medical Cannabis) or Article 5 (Cannabinoid Hemp and
Hemp Extract) of the Cannabis Law;
• Depicts cannabis products or paraphernalia;
• Promotes overconsumption;
• Promotes price, price reductions, or any other discount or coupon;
Please note: This does not prohibit a dispensary from lowering, or otherwise altering,
the price of the cannabis product.
• Uses a special branding material unless the product or licensee is authorized to use that
special branding material by the guidance that defines the special branding material; or
• Violates additional prohibitions as set out by the Office.
A retail package or marketing layer shall not be made attractive to individuals under twenty-one.
As defined above, labeling is attractive to individuals under twenty-one if it uses or includes:
• cartoons;
• bubble-type, or cartoon-like font, such as including puffy, rounded block letters (see
Appendix A);
• bright colors that are “neon” in appearance, including any color which, when listed in a form of
hue, saturation, and lightness, has a saturation value greater than 60%. Examples of such
colors are shown below in Figure 1;
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• similarities to products or words that refer to products that are commonly associated with or
marketed in a manner so as to be attractive to individuals under twenty-one, including, but not
limited to, any imitation of food, candy, soda, drinks, cookies, or cereal (with the exception of
cultivar names);
• terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez” (with the
exception of cultivar names);
• symbols, images, characters, public figures, phrases, toys, or games that are commonly used
to market products to individuals under the age of twenty-one; or
• images of individuals who could reasonably appear to be under the age of twenty-one, unless
the individual is at least twenty-five years of age.
Frequently Asked Question
Are cultivar (or “strain”) names allowed?
Yes, at this time there are regulatory exceptions which generally allow a licensee to label a product
with the cultivar of cannabis that is contained within, even if that cultivar name includes words like
“candy” or create similarities to products, or words that refer to products, that are commonly
associated or marketed in a manner so as to be attractive to individuals under twenty-one.
However, to protect public health, the Office greatly encourages licensees packaging and labeling
cannabis products using cultivars that may otherwise be attractive to individuals under twenty-one
(such as cultivars that include the word “cookies” or “candy”) to minimize the appearance of these
cultivar names to the greatest extent possible. A licensee could do this by including the cultivar name
in a smaller and lighter weight font than the other labeling text or by placing the cultivar name on a
portion of the outermost layer that is not the principal packaging display panel.
In the event that the labeling of such cultivar names—and the ways in which licensees choose to
display these names on their products—results in a public health concern, the Board will promulgate
rules which impact the way cannabis products can be labeled using these cultivar names.
Figure 1. Examples of Colors With >60% Saturation
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Adult-Use Packaging and Labeling Sustainability
5. Retail Packaging Sustainability Program. Conditional licenses are valid for up to two years, at
which time, if a licensee is found to be in good standing with the Office, the licensee can apply for and
receive a standard license. At that time, licensees will be required to submit an environmental
sustainability product packaging plan to the Board or Office.
Such plans may include, but are not limited to, reuse strategies collecting reusable cannabis
packaging components to be sanitized and refilled or reused as cannabis packaging, collection or
redemption of batteries, cartridges, or vape pens, or sustainable packaging strategies that use non-
plastic, compostable or recyclable materials, or packaging materials exceeding 25% post-consumer
recycled content.
6. Reusable Packaging. Retail packages can be reused if appropriately sanitized and, based on visual
inspection, if the retail package is in good working order and does not appear to pose a risk of
unintended exposure or ingestion of cannabis products. The visual inspection must ensure such retail
packages are not brittle and do not have chips, cracks, or other imperfections that could compromise
the child-resistant properties of the retail package or otherwise pose a threat of harm to any
individual.
Before being reused, retail packages must be sanitized and disinfected to ensure that they do not
contain any harmful residue or contaminants. This sanitization and disinfection can be done by a
licensee or by a third-party.
Frequently Asked Question
Does all packaging need to be reusable?
Only if a licensee has placed that restriction on themselves in their Retail Packaging Sustainability
Program. The Office and Board heavily encourage licensees to choose reusable packaging elements
or use recyclable packaging materials where it is feasible, but there are no requirements, at this time,
that packaging be reusable or recyclable. Licensees’ annual reporting on packaging materials will be
used to help guide future policies related to cannabis product packaging sustainability.
7. Recycled Content Packaging and Recyclable Packaging. Claims about recyclable or recycled
content packaging must comply with 16 CFR § 260 Guides for the Use of Environmental Marketing
Claims.
7
7
Any printed editions of the Code of Federal Regulations (CFR) can be obtained by calling the Superintendent of
Documents, U.S. Government Printing Office, at (202) 512-1800. Electronic copies of CFR sections may also be obtained
at Government Printing Office (GPO) which contains the most recent revisions, can be searched directly at:
https://www.ecfr.gov/.
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Adult-Use Marketing and Advertising
8. Required Information. Marketing and advertising cannot jeopardize public health or safety; make
false or misleading claims; or be attractive to individuals under twenty-one. To protect public health
and safety, most advertisements are required to include warnings and other important consumer
information. The exact requirements depend on the nature of the advertisement.
If the advertisement contains only visual elements (such as a magazine ad or a tweet that
does not include a video) or if the advertisement includes both auditory and visual elements,
(such as a television ad or Instagram reel) then the advertisement must include certain
information and must display that information in a certain way.
a. The advertisement must include the licensee’s name and license number.
b. The advertisement must include this warning:
“For use only by adults 21 years of age and older. Keep out of reach of children and
pets. In case of accidental ingestion or overconsumption, contact the Poison Center
hotline 1-800-222-1222 or call 9-1-1. Please consume responsibly.”
c. The advertisement must include one of these rotating warnings:
• “Cannabis can be addictive.”;
• “Cannabis can impair concentration and coordination. Do not operate a vehicle or
machinery under the influence of cannabis.”;
• “There may be health risks associated with the consumption of this product.”;
• “Cannabis is not recommended for use by persons who are pregnant or nursing.”; or
• Other warnings as determined by the Office.
Licensees cannot use the same rotating warning in all their advertisements. The rotating
warnings can be rotated in any manner the licensee chooses, but licensees must use them
in a way that results in the warnings being distributed evenly among the licensee’s
advertisements. It is acceptable if a licensee rotates warnings so that each warning appears
on roughly the same number of the licensee’s advertisements in a year. It is also acceptable
if a licensee rotates warnings so that each warning is seen by roughly the same number of
people in a year. Other manners of rotation may also be acceptable, provided they ensure
the warnings are rotated.
d. The advertisement must include certain New York State HOPEline information:
• The phone number: “1-877-8-HOPENY” or “1-877-846-7369” ;
• The text number: “HOPENY” or “467369” ; and
• The website (“https://oasas.ny.gov/hopeline”) or a QR code which leads directly to the
website.
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This information must be presented in a manner that makes clear to a viewer of the
advertisement that it is for a substance use disorder resource helpline.
An example of one acceptable way to display of the HOPEline information would be:
“Concerned about your cannabis use? Contact the New York State HOPELine by texting
“HopeNY”, calling 1-877-8-HOPENY, or visiting oasas.ny.gov/HOPELine.”
e. The required warnings and information must be printed on the advertisement or, if the
advertisement contains both auditory and visual elements, then the warnings and
information must be read aloud. In advertisements mixing auditory and visual elements, a
licensee may choose to print a portion of the required information while reading the
remaining required information aloud.
When the information is printed, it must be printed legibly and unobscured on the face of the
advertisement in the same language as the rest of the advertisement. The information must
be at least size 6 font, bolded, and in Times New Roman, Calibri, Arial, or Helvetica.
Consumer warning information (i.e., the required warning statement and the rotating
warning) must be printed on a bright yellow text box (#FFFF00)
8
so as to stand out from the
surrounding advertisement. The licensee may use a border
9
to differentiate the box. The
licensee’s name, the license number, and the required HOPEline information are not
required to be in a bright yellow box if they are printed on the advertisement.
When the information is read aloud, it must be read at the same volume and pace, and in
the same language, as the rest of the advertisement.
If the advertisement contains only auditory elements (such as an advertisement that is only
read aloud on the radio or during a podcast) then the advertisement must include certain
information and must display that information in a certain way. Advertisements containing only
auditory elements are not required to read aloud a rotating warning or New York State
HOPEline information.
a. The advertisement must include this warning:
“For use only by adults 21 and older. Keep out of reach of children and pets. In case of
accidental ingestion or overconsumption, contact the Poison Center. Consume
responsibly.”
8
The Office recommends licensees utilize this exact shade of yellow, however a shade of bright yellow which appears
similar to this shade is also acceptable. Certain shades of yellow with a saturation value above 75% will not appear similar
to this shade and will not be acceptable. Additionally, any shade of yellow which, when listed in a form of hue, saturation,
and lightness, has a saturation value lower than 75% will not be acceptable.
9
There are no restrictions on the color or weight of this border. If the box cannot be clearly differentiated from the area of
the advertisement on which it is placed, then the licensee must use a border to differentiate the yellow box.
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b. The required warning must be read aloud during the advertisement. It must be read at the
same volume and pace, and in the same language, as the rest of the advertisement.
At this time, all apparel is exempt from the requirements in this “Required Information”
section. These advertisements are exempt from the requirements in this section because it
would not be feasible to include this information on those types of advertisements. These types
of advertisements must still comply with all other sections of this guidance and any other
requirements pertaining to marketing and advertising. As described in “Form-Specific
Requirements” below, there are restrictions on the ways in which licensees can advertise
through apparel.
9. General Requirements & Prohibitions. A licensee’s marketing and advertising may result in a wide
range of advertisements. In addition to general requirements explained here, a licensee must also
ensure that its marketing, advertising, and advertisements comply with any “Form-Specific
Requirements” that pertain in the section below.
a. Marketing, advertising, and advertisements cannot be easily seen by individuals under
twenty-one.
Licensees cannot market, advertise, or place advertisements within 500 ft of an elementary or
secondary school ground (as “school ground” is defined in the Education Law) or a community
facility (such as a recreation center or facility, childcare center, playground, public park, or
library). The distance between such establishment and a licensee’s marketing, advertising, or
advertisements shall be measured from the marketing, advertising, or advertisement to either
the nearest point of the school ground or the nearest entrance
10
of the community facility.
Licensees can only place an advertisement in a location where at least 90% of the
advertisement’s audience
11
is reasonably expected to be twenty-one or older. Licensees must
have reliable evidence of the composition of the audience that will view these advertisements.
4
As explained in the “Required Documentation” section above; the Office may request
information about the composition of the audience of any of the licensee’s advertisements at
any time.
10
For purposes of this requirement, "Entrance" means a door of a school, of a place of worship, or of the premises sought
to be licensed, regularly used to give ingress to students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises proposed to be licensed, except that where a school or place of worship
is set back from a public thoroughfare, the walkway or stairs leading to any such door shall be deemed an entrance; and
the measurement shall be taken to the center of the walkway or stairs at the point where it meets the building line or
public thoroughfare. “Entrance” does not mean a door which has no exterior hardware, or which is used solely as an
emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by
the general public or patrons.
11
Licensees are only required to have reliable evidence of the reasonably anticipated audience of an advertisement if
they are advertising at an event that they are allowed to sponsor (see the “Format-Specific Requirements” section of this
guidance) or by means of television, radio, print, internet, mobile application, social media, or any other print publication or
electronic communication.
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b. Marketing, advertising, and advertisements cannot be attractive to individuals under
twenty-one. Despite restrictions on audience composition and advertisement placement,
some advertisements will still be seen by some individuals under twenty-one. Restrictions on
the way advertisements look and feel can lessen the likelihood that individuals under twenty-
one will be influenced by them. This means:
• Licensees cannot use cartoons in their marketing, advertising, or advertisements.
• Licensees cannot use bubble-type, or cartoon-like font, such as puffy, rounded block
letters (see Appendix A) in their marketing, advertising, or advertisements.
• Licensees cannot use bright colors that are “neon” in appearance in their marketing,
advertising, or advertisements. This includes any color which, when listed in a form of
hue, saturation, and lightness, has a saturation value greater than 60%. Examples of
such colors are shown below in Figure 1.
• Licensees cannot create similarities to products that are commonly associated with—or
marketed in a manner so as to be attractive to—individuals under twenty-one in their
marketing, advertising, or advertisements. Licensees cannot use words that refer to
products that are commonly associated with—or marketed in a manner so as to be
attractive to—individuals under twenty-one in their marketing, advertising, or
advertisements. This includes, but is not limited to, any imitation of food, candy, soda,
drinks, cookies, or cereal in marketing, advertising, or advertisements. This prohibition
does not include cultivar names or a licensee’s name.
• Licensees cannot use the terms “candy” or “candies” or variants in spelling such as
“kandy” or “kandeez” (except when stating a cultivar’s or licensee’s name) in its
marketing, advertising, or advertisements.
• Licensees cannot use audio, symbols, images, characters, public figures, phrases, toys,
or games that are commonly used to market products to individuals under the age of
twenty-one in its marketing, advertising, or advertisements. Depending on how they are
depicted, such audio, symbols, images, characters, public figures, phrases, toys or
games, may include, but are not limited to:
• animals, balloons, confetti or glitter, superheroes, video game references,
race cars, dinosaurs, imaginary creatures or people, characters or
celebrities from children’s shows or books.
• For example, a cartoon-like depiction of an animal might be attractive to
individuals under twenty-one, but a silhouette of an animal might not.
Figure 1. Examples of Colors With >60% Saturation
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• Licensees cannot use anyone who appears to be under the age of twenty-one in their
marketing, advertising, or advertisements, unless that individual is actually at least twenty-
five years old and their age is substantiated by proper identification. Proper identification
includes any valid federal, state, or local government identification, including IDNYC, which
states the customer’s age and shows a photograph of the individual’s face.
c. Marketing, advertising, and advertisements cannot make health claims. This means
licensees cannot characterize the relationship of any cannabis product to a disease or health-
related condition or symptom or claim that use of any cannabis product has curative or
therapeutic effects.
For more information on “Health Claims”, see Appendix B.
d. Marketing, advertising, and advertisements cannot use or display colloquial references to
cannabis; or depictions of cannabis, cannabis products, paraphernalia; or the imagery
or action of smoking or vaping including, but not limited to, the words “stoner”, “chronic”,
“weed”, “pot”, or “sticky buds” unless such reference is used in the licensee’s name or logo.
e. Marketing, advertising, and advertisements cannot promote overconsumption or rapid
consumption.
Cannabis products are required to be labeled with the recommended serving size and clear
usage instructions. Marketing, advertising, or advertisements that encourage consumers to
consume significantly more than a product’s recommended serving size at a single time are
prohibited.
Examples of marketing, advertising, or advertisements that promote overconsumption or rapid
consumption include, but are not limited to:
• Depictions of individuals visibly impaired.
• Promoting a product as “easy to consume”.
f. Marketing, advertising, and advertisements cannot promote product potency or THC
concentration. This does not prohibit a licensee from stating a product’s THC concentration
but does prohibit a licensee from promoting the THC concentration or encouraging consumers
to use more potent products. When choosing to state a product’s THC concentration in
marketing, advertising, or advertisements (including product menus), licensees should strive to
list the concentration of all products included in that marketing, advertising, or advertisement.
Examples of marketing, advertising, or advertisements that could be prohibited because they
promote product potency or THC concentration include, but are not limited to:
• Advertisements that draw emphasis to a product’s THC concentration using color, sound,
symbols, or in any other way.
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• Marketing strategies which systematically draw consumer attention towards high-THC
products over low-THC products, such as stating the THC concentration of some
products in an advertisement but not others.
• Any claim, including implied claims, that a product is superior due to its THC
concentration.
g. Marketing, advertising, and advertisements cannot use freebies, discounts, giveaways, or
promotional swag. Consumers must not be coerced into over-purchasing cannabis products.
Licensees cannot advertise through free promotional items or giveaway any promotional items
or any cannabis products, for any reason, unless the promotional item is listed directly below
this paragraph. This means licensees cannot give gifts, hold giveaways, or offer any loyalty
programs, rewards systems, or other discounts which would result in a consumer receiving a
free promotional item, a free cannabis product, or a discount on a cannabis product.
12
Notwithstanding the above paragraph:
• retail dispensaries may provide consumers with branded exit packages after completing a
purchase; and
• promotional items are allowed if part of an Environmental Sustainability Program that has
been submitted by a licensee as a requirement of their license and has been approved by
the Office. An example of one arrangement that could be permitted as part of an
Environmental Sustainability Program would be a loyalty program in which customers
were given a percentage-based discount on their purchase in exchange for returning
cannabis product packaging that is suitable for re-use to a dispensary.
Licensees cannot advertise giveaways, discounts, price reductions, points-based reward
systems, or customer loyalty programs. This means licensees cannot use words including, but
not limited to, “sale”, “free”, “price drop”, or “discount” on a menu, in any communications to
consumers, or in any other advertisements.
These restrictions do not prohibit retail dispensaries from changing the price of cannabis
products, but do prevent the dispensary (or any other licensee) from promoting discounts in
their marketing and advertising and from changing the price of an item as a way to market or
advertise.
h. Marketing, advertising, and advertisements cannot misrepresent the product.
12
“Discount,” for purposes of this requirement, includes any arrangement which results in a consumer paying an amount
for a product that is different than the amount a different consumer would pay for that product at the same time and the
difference in price is due to any factor unique to the consumer or their transaction. This includes, but is not limited to, flat-
rate discounts (e.g., “30% off!”), “buy-one-get-one” discounts, bulk purchase discounts, veterans discounts, and punch
cards.
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Licensees cannot misrepresent a product as a medical cannabis or cannabinoid hemp (i.e.,
CBD) product. Any marketing, advertising, or advertisements which create confusion as to
whether a product is a medical cannabis product, adult-use cannabis product, or cannabinoid
hemp product are prohibited. Examples of misrepresentation include, but are not limited to:
• Health claims;
• Emphasis on a product’s CBD content;
• Insinuations that a product will not make a consumer “feel high”; and
• Comparisons that emphasize similarities between an adult-use cannabis product and a
medical cannabis or cannabinoid hemp product.
Licensees cannot represent a product as organic, craft, gluten-free, kosher, or vegan or
represent a licensee as making products that are organic, craft, gluten-free, kosher, or vegan
unless the product(s) meets the requirements to be represented as such.
• At this time, there is no organic standard yet established for cannabis that is
recognized federally. Until such a standard is recognized federally, a licensee cannot
represent themselves or any cannabis flower or other cannabis products they produce
as being “organic” or “made with organic ingredients.”
• To represent a product as craft, it must be processed by a licensee which has been
designated as processing craft products. No licensees are designated as such at this
time.
• To represent a product as gluten-free, the product must meet the definition of the term
as it is defined federally (see 21 CFR § 101.91).
• To represent a product as kosher, the product must be packaged and labeled in
compliance with section 201-a of the Agriculture and Markets Law.
• To represent a product as vegan, the product cannot contain any animal products,
including gelatin.
i. Marketing, advertising, and advertisements cannot be obscene or indecent. Examples of
marketing, advertising, and advertisements that are obscene or indecent would include, but
are not limited to, those that depict nudity or use profanity.
j. Marketing, advertising, and advertisements cannot be false, misleading, or encourage
illegal activity.
Examples of this include, but are not limited to:
• Assertations that cannabis products are safe because they are regulated.
• Disparaging another business’ cannabis or cannabis products.
• Depictions of cannabis products that are not packaged and labeled in accordance with
law, regulation, and guidance.
• Encouraging consumers to transport cannabis across State lines.
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k. Marketing, advertising, and advertisements can only use special branding material if
authorized to use such material.
At a later date, the Office may identify certain visuals or audio as special branding material.
These special branding materials, once identified, will only be authorized for use on certain
types of products or by certain types of licensees. Licensees cannot use special branding
material which they are not authorized to use.
10. Format-Specific Requirements. In addition to requirements that pertain to all marketing,
advertising, and advertisements, additional requirements are required to allow certain forms of
marketing, advertising, and advertisements.
a. Online Advertisements. When advertising through a website or digital application, a licensee
must utilize an age-restriction mechanism or “age-gate” to ensure those under twenty-one
cannot view the website or digital application.
In addition to requiring an age-restriction mechanism on the website or digital application: if the
advertisement is a pop-up or banner ad, then the individual viewing the advertisement must
consent to view cannabis-related material before the advertisement can be displayed to them.
b. Brand Representatives. A brand representative is any individual who acts with the intention
of causing, directly or indirectly, the purchase or use of a specific brand or cannabis product. A
brand representative—and any materials using their representation of the brand—is
considered an advertisement. Brand representatives may not violate restrictions on marketing
and advertising, including making health claims.
c. Handbills. A licensee cannot advertise through handbills or any other advertisement that is
passed out in a public area. This includes, but is not limited to, advertisements that are
distributed in parking lots and publicly-owned property.
d. Signs. Only certain signs are allowed, and no advertisement may be in the form of a billboard.
No licensee can advertise, for any reason, on a sign or placard in:
• an arena, stadium or other sporting venue;
• a fair that receives State funding;
• a video game arcade; and
• a shopping mall (unless the sign is alerting individuals to the location of a retail
dispensary within that mall).
Only licensees authorized to conduct retail sales or delivery to consumers may advertise using
signs that can be seen from outside of the retail dispensary. These signs cannot be placed
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anywhere in the list above and can only be for the purpose of alerting individuals to the
location where the licensee conducts sales. A retail dispensary licensee is limited to a
maximum of two signs per licensed premises; a licensee authorized to conduct delivery is
limited to a maximum of two signs, and such signs are not allowed on vehicles. Signs cannot
include a licensee’s logo, symbol, or any images, including, but not limited to, depicting
cannabis, cannabis products, or the imagery or action of smoking or vaping.
Because these signs are limited to the purpose of alerting individuals where sales are
conducted, they are limited to, at a maximum:
• The licensee’s name, entity name, or doing business as name;
• The dispensary’s address [if the licensee has a dispensary];
• The licensee or dispensary’s phone number, email address, and website URL;
• The nature of the business.
Nature of the Business. One piece of information that an outdoor sign may include is the
“nature of the business.” The nature of the business can include one or more of the following:
• The licensee’s or retail dispensary’s hours of operation;
• An indicator of whether the business is currently open or closed;
• If the licensee is a retail dispensary or microbusiness licensee, then the words “adult-
use cannabis dispensary” or a similar phrase;
• If the licensee delivers to consumers, no more than 100 characters, including
punctuation but not including spaces, of factual information about the licensee’s delivery
radius, such as “Delivering cannabis to Washington Heights” or “delivering cannabis to
zips 12210, 12206, and 12202.”
Signs cannot include mottos, selling messages, or any other non-essential text.
It is acceptable for a single sign to consist of multiple elements that are intended to be viewed
at the same time. For example, a retail dispensary that had the licensee’s name on an awning
over the window, the hours of operation and an open sign next to the door, and a small placard
that said “Adult-Use Retail Dispensary” in the front window could consider the awning, hours of
operation sign, open sign, and small placard to be, in the aggregate, one single outdoor sign if
all of these items are clearly intended to be viewed together by consumers. Because outdoor
signs are limited to certain information at a maximum, repetition of these elements (such as a
second awning that also said the licensee’s name) may cause the repeated element(s) to
become a second sign.
Signs and dispensary exteriors may be illuminated with plain, uncolored lights in a number
necessary to ensure public safety, to alert individuals to the location of a retail dispensary, and
to allow consumers to read authorized signs at nighttime. Signs and dispensary exteriors may
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not be illuminated with colored lights or with a number of lights that are greater than necessary
to alert individuals to the location of the dispensary.
An outdoor sign must be affixed to a building or another permanent structure.
13
There is no
limitation on the distance between the location the licensee conducts sales and the sign’s
location. However, regardless of the sign’s distance from where sales are conducted, it will
count towards the licensee’s limit if it is outdoors.
e. Apparel. Apparel can be an advertisement if it causes, directly or indirectly, the purchase or
use of a brand or cannabis product.
A licensee must limit all apparel displaying its brand—and any trademark(s) used in connection
with the sale of apparel displaying the licensee’s brand—to adult sizes only.
Licensees that are advertising through apparel shall only sell that apparel at the licensee’s own
licensed premises.
As explained in the “General Requirements” section of this guidance, licensees cannot give
away apparel or use it as an incentive unless the apparel is part of an Environmental
Sustainability Program that has been submitted by a licensee as a requirement of their license
and has been approved by the Office.
f. Mascots. Licensees cannot use a commercial mascot in their marketing, advertising, or
advertisements.
g. Events. Licensees may sponsor charitable, sporting, or similar events.
Licensees can only place an advertisement at, or in connection with, a sponsored event if at
least 90% of the advertisement’s audience is reasonably expected to be twenty-one or older.
Licensees must have reliable evidence of the audience composition for who is expected to
view these advertisements. As explained in the “Required Documentation” section above; the
Office may request information about the composition of the audience of any of the licensee’s
advertisements at any time.
If less than 90% of the advertisement’s audience is reasonably expected to be twenty-one or
older, then the licensee may not place advertisements at, or in connection with the event. Such
advertisements that would not be allowed include, but are not limited to, any use of the
licensee’s brand or branding (including the licensee’s name or logo) in association with the
event.
13
A sign affixed to a vehicle is not allowed.
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If the audience composition of the event does allow for a licensee to place advertisements at,
or in conjunction with, an event, then the licensee is limited in the advertisements they can
use. Advertisements at such events can consist only, at a maximum, of:
• The licensee’s name, entity name, or doing business as name;
• The dispensary’s address [if the licensee has a dispensary];
• The licensee or dispensary’s phone number, email address, and website URL;
• The nature of the business.
14
11. Use of Brand, Intellectual Property. A licensee that has entered into an intellectual property
licensing agreement, marketing or advertising agreement or any other agreement in which a licensee
authorizes the use of its intellectual property, or allows a third party to market or advertise on its
behalf, the licensee is responsible for ensuring that such agreement, intellectual property use,
marketing or advertising shall comply with all packaging and labeling & marketing and advertising
rules.
A licensee shall not permit the use of their trademarks, brands, names, locations, or other
distinguishing characteristics for third-party use on advertising in a manner that does not comply with
Part 129 or any other statute, rule or regulation.
14
When placing advertisements at, or in association with, an event, the “nature of the business” shall only be a factual
description of the licensee, such as “adult-use cannabis cultivator” or “adult-use cannabis retail dispensary.” The nature of
the business shall be no more than 100 characters, including punctuation but not including spaces. If the licensee is
authorized to conduct delivery, then the description of the licensee may include factual information about the licensee’s
delivery radius, such as “delivering cannabis to Washington Heights” or “delivering adult-use cannabis to zips 12210,
12206, and 12202.”
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Adult-Use Packaging and Labeling & Marketing and Advertising; Compliance and Violations
12. Correcting Noncompliant Packaging and Labeling. If a licensee receives a cannabis product
that is not packaged or labeled in compliance with this guidance, and the licensee receives
appropriate notification of verified noncompliance from the Office, a customer, or the licensee which
processed or distributed the cannabis product, then that licensee must immediately notify the Office
and the cannabis product must be returned to the licensee that transferred it to the licensee taking
action. If a product is returned due to noncompliance, the licensee must document the return and the
reason the product was noncompliant in the inventory tracking system.
If the noncompliance can be corrected by affixing a label with only the information required to make
the labeling compliant, then the processor that packaged the product can affix such a label when it is
returned to them.
13. Packaging and Labeling Violations. The Board may suspend, cancel, or revoke a license and
impose any other penalties as authorized by Cannabis Law and current and future regulations, if the
licensee:
• Fails to comply with packaging, labeling, marketing, and advertising requirements.
• Transfers, sells, or offers to sell a cannabis product to another licensee that is not packaged
or labeled in accordance with adult-use regulations or this guidance document.
14. Marketing and Advertising Violations. A licensee must immediately remove or discontinue
advertisements if the Board determines that the licensee’s marketing or advertising violates the
marketing and advertising requirements or if the licensee fails to provide records to the Office upon
request that establish the marketing and advertising complies with such requirements.
A licensee must immediately notify the Office and issue a cease-and-desist notification if a third-
party uses the licensee’s trademarks, brand, names, locations, or any other distinguishing
characteristics in a way that does not comply with marketing and advertising requirements.
The Office may take any action against any licensee who fails to comply with this Part, including but
not limited to, recommendations to the Board for suspension, cancellation, or revocation of a
license, imposition of any fees or fines, requiring a licensee to cease non-compliant marketing and
advertising by a date determined by the Office, and requiring the removal of any marketing material
or advertising advertisement that is still being published or displayed by a date determined by the
Office, and any other penalties set forth in the Cannabis Law.
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Appendix A: Fonts and Text Use
“Bubble-type fonts” include fonts with characters that
are significantly wider than the standard fonts.
Bubble-type fonts frequently have rounded, sans serif
characters, but may also include fonts with wide
characters that have hard corners or serifs.
Because bubble-type fonts are attractive to individuals
under twenty-one, they cannot be used in packaging
and labeling & marketing and advertising.
Examples of Bubble-type Fonts
Standard Fonts
AaBbCcDdEe
AaBbCcDdEe
AaBbCcDdEe
Certain text must be in either Times New Roman,
Arial, Calibri, or Helvetica as specified in this
guidance.
If a font is not specified, fonts other than the standard
fonts may be used in packaging and labeling &
marketing and advertising if the font is not attractive
to individuals under twenty-one.
Examples of Cartoon-like Fonts
“Cartoon-like fonts” include fonts that resemble comic
books, cartoons, or crayons/chalk and fonts that are
similar to fonts associated with brands, products, or
media that are commonly marketed to individuals
under twenty-one.
Because cartoon-like fonts are attractive to individuals
under twenty-one, they cannot be used in packaging
and labeling & marketing and advertising.
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Appendix A: Fonts and Text Use (continued)
Design Elements
Design elements attached to an otherwise-
permissible font may result in the text being cartoon-
like. In this example, the design element behind the
text resembles a comic book and, thus, would be
attractive to individuals under twenty-one.
Graffiti-Like Fonts
Angular fonts that include paint drips or other
graffiti-like elements may be permissible fonts.
Design elements such as paint drips or spray marks
and wholly opaque characters may differentiate these
fonts from crayon or chalk-like fonts and increase
the likelihood that the font will not be attractive to
individuals under twenty-one.
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Appendix B: Health Claims
Licensees cannot make health claims in the packaging, labeling, marketing, or advertising of adult-
use cannabis products. This means licensees cannot characterize the relationship of any cannabis
product to a disease or health-related condition or symptom.
Some examples of behaviors that would be considered making health claims and are, thus, prohibited
include, but are not limited to:
• Licensees cannot claim—expressly or by implication—that a relationship exists between the
presence or level of a substance in a cannabis product and a consumer’s disease or health-
related condition or symptom. Claims that a cannabis product can prevent specific illnesses or
diseases or will treat any specific symptoms are not allowed.
• Licensees cannot claim that cannabis products, or any ingredients within a cannabis product,
are “curative”, “beneficial”, “therapeutic”, “antibacterial”, or “medicinal” in packaging, labeling,
marketing, advertising, or advertisements.
• Licensees cannot target pregnant people or people who are chest/breastfeeding in packaging,
labeling, marketing, advertising, or advertisements.
It does not matter whether a licensee believes that a health claim can be substantiated through
scientific research or if the claim is endorsed by a medical professional. Licensees cannot make any
health claims in packaging, labeling, marketing, advertising, or advertisements.
Some claims made in the packaging, labeling, marketing, advertising, and advertisement of cannabis
products may be permissible in other jurisdictions but would be considered health claims (and, thus,
prohibited) by this guidance. Some examples of health claims are:
• “Our cannabis product will treat pain better than prescription medication.”;
• “It is theorized that CBD has such a positive effect because of its impact on cannabinoid
receptors inside the brain of someone with Autism. CBD appears to ‘open’ these receptors’
pathways to allow molecules to act on them.”;
• “According to Dr. Cannabis, CNN's mental health expert, this product can restore the chemical
imbalance and help in dealing with depression, leading to improved sleep.”; and
• “Our product has also been hailed as a valuable substance for treating endometriosis with
some experts suggesting applying the topical directly to the pain site to help soothe
discomforts and aches.”
In addition to being made explicitly, such as the examples above, health claims can also be made
implicitly. Implicit health claims include statements, symbols, branding, or other communications that
suggest a health claim based on their context. In some scenarios, two pieces of content that would
not be considered implicit health claims when used on their own could, when used in combination,
create an implicit health claim, depending on the nature of the content. For example, a heart symbol
used on packaging or labeling may be allowed, depending on the context, but if a heart symbol is
used in conjunction with a plus sign or a check mark, then the context created by using these
symbols together would create an implicit health claim, which is not allowed.
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Some examples of symbols that could be considered implicit health claims, based on whether they
are used in a way that characterizes the relationship of any cannabis product to a disease or health-
related condition or symptom, are below.
Certain information related to cannabis’ effect on the body is allowable. Licensees may use health-
related information, provided that a licensee does not use this information in a manner which, when it
is combined with other qualities of the packaging, labeling, marketing, advertising, or advertisement,
creates a health claim.
Some examples of claims that would not be considered health claims on their own (and therefore are
allowable) include, but are not limited to:
• A factual description of, or references to, the body’s endocannabinoid system or cannabinoid
receptors;
• An explanation of potential physical, mental, or social effects of consuming THC, CBD, or any
phytocannabinoid without tying these effects to a specific illness or disease; and
• General claims that smoking and vaping is hazardous to health.
These restrictions on making health claims are not intended to suggest that cannabis does not impact
the human body. Rather, health and “healthiness” are individualized and subjective. A product which
alleviates a symptom for one person may not alleviate that symptom for another person. Individuals
intending to use cannabis due to a disease or health-related condition or symptom should not gather
information on how products may alleviate their symptoms from advertisements. These individuals
should, instead, discuss goals they hope to achieve through consuming cannabis with a trusted
health care practitioner.
Generally, licensees should assume any claims which reference a specific illness or disease will be
considered a health claim and, thus, will be prohibited.
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Appendix C: Examples of Compliant Labeling of Adult-Use Cannabis Products
Example 1: An Edible Cannabis Product’s Marketing Layer
20 Servings
100mg THC (5mg / serving)
100mg CBD (5mg / serving)
Lot #000001
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Appendix C (continued): Examples of Compliant Labeling of Adult-Use Cannabis Products
Example 2: An Edible Cannabis Product’s Principal Packaging Display Panel
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Appendix C (continued): Examples of Compliant Labeling of Adult-Use Cannabis Products
Example 3: A Cannabis Flower Product’s Principal Packaging Display Panel
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Appendix D: Cannabis Product Packaging & Labeling Checklists
The following six checklists are intended to assist licensees in determining whether their packaging
and labeling is in compliance with this guidance. Although the requirements have been split into six
checklists to facilitate their ease of use, these checklists are not exhaustive. A cannabis product must
fulfill all criteria that apply to that product as required by this guidance.
Checklist 1: All Cannabis Product Packaging
Cannabis product packaging, which includes all packaging elements except non-consumer packaging,
must meet all of these requirements.
Requirement
🗹
Does not contain features that emit scent or sound
🮱
Does not contain features that change or alter a package's appearance through
technology, including holographic packaging, unless the feature is for an anti-
counterfeiting purpose
🮱
Is not attractive to individuals under twenty-one
🮱
(If packaging occurs after January 1, 2024)
Is not made of plastic that contains less than 25% post-consumer recycled content
🮱
Checklist 2: Retail Package
A product's retail package must meet all of these requirements.
Requirement
🗹
Child-resistant
🮱
Tamper-evident
🮱
Resealable (If product has more than one serving)
🮱
Fully encloses product to minimize oxygen exposure and prevent contamination
and/or degradation of the product (such as degradation due to exposure to light)
🮱
Does not impart any toxic or deleterious substance onto the cannabis product
🮱
Continued on Next Page
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Appendix D (continued): Cannabis Product Packaging & Labeling Checklists
Checklist 3: Principal Packaging Display Panel (PPDP)
The product's PPDP must include all of this information. For more information about the PPDP, see
section 4a of this guidance.
Required information
🗹
Total THC mg in a single serving, in bold
🮱
Total THC mg in the entire package, in bold
🮱
Total THC in the entire package, as a percent of the package's total volume
🮱
(if Total CBD in the package is >0.01mg)
Total CBD mg in a single serving, in bold
🮱
(if Total CBD in the package is >0.01mg)
Total CBD mg in the entire package, in bold
🮱
Number of servings in the entire package and recommended size of serving (if
applicable), except for cannabis flower and other forms of cannabis intended for
vaporization.
🮱
Product weight
🮱
Other phytocannabinoid mg in a single serving, in bold
1
🮱
Other phytocannabinoid in the entire package, as a percent of the package's total
volume, except for edibles
1
🮱
Terpene profile
1
🮱
1
Labeling is only required to list information about terpenes or phytocannabinoids (other than THC and
CBD) if the product's terpene or phytocannabinoid content is marketed.
Continued on Next Page
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Appendix D (continued): Cannabis Product Packaging & Labeling Checklists
Checklist 4: Retail Package or Marketing Layer
A product must include all of the following information on its retail package or, if a marketing layer is
used, the marketing layer.
Required information
🗹
Nutritional label OR Supplemental fact panel (if applicable)
🮱
Date of Expiration
🮱
Use by Date
🮱
List of solvents used (if applicable)
🮱
Proper storage conditions
🮱
Clear usage instructions
🮱
Processor Name
🮱
Processor license number
🮱
Processor location (city or zip code)
🮱
Processor's direct contact info (phone or email)
🮱
Universal Symbol (any one of the three as shown in Figure 2)
🮱
Lot unique ID or lot number or bar code
🮱
A scannable bar code or QR code linked to the product's Certificate of Analysis
🮱
"This product contains cannabis and THC", in bold
🮱
"KEEP OUT OF REACH OF CHILDREN AND PETS. For use only by persons 21
years and older.", in bold
🮱
"Warning: Do not use if pregnant or nursing.", in bold
🮱
"Poison Center 1-800-222-1222", in bold
🮱
"Warning: Smoking or vaping is hazardous to health.", in bold
🮱
"Warning: Effects of this product may be delayed by 4 or more hours.", in bold
🮱
"Warning: For topical use only. Do not eat or smoke.", in bold
🮱
Only one of the following rotating warnings, in bold:
• “Cannabis can be addictive."
• “Cannabis can impair concentration and coordination. Do not operate a vehicle or
machinery under the influence of cannabis.” or
• “There may be health risks associated with consumption of this product.”
🮱
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Appendix D (continued): Cannabis Product Packaging & Labeling Checklists
Checklist 5: Is it false or misleading?
Cannabis products cannot have false or misleading packaging or labeling. A product's packaging and
labeling must meet all of these requirements.
Requirement
🗹
Does not make health claims
🮱
Does not include the word "organic"
🮱
Does not include the word "craft" unless the processor meets the term (as it relates
to cannabis products) as defined in future regulation or guidance
🮱
Does not include the term "gluten-free" unless the product meets the term as defined
in 21 CFR § 101.91
🮱
Does not include the term “kosher” or imply the product is kosher, unless the product
is packaged and labeled in compliance with section 201-a of the Agriculture and
Markets Law
🮱
Does not include the term “vegan” unless the product contains no animal products,
including gelatin
🮱
Does not create a reasonable consumer confusion as to whether the product is
trademarked, marked, or labeled in any manner that violates any federal trademark
law or regulation
🮱
Does not portray the product as one that is authorized under Article 3 (medical
cannabis) or Article 5 (cannabinoid hemp) of the Cannabis Law
🮱
Does not depict cannabis products or paraphernalia
🮱
Does not promote overconsumption
🮱
Does not promote price or price reductions, unless part of a sustainability program or
otherwise authorized by the Office or Board
🮱
Does not promote a customer loyalty program, unless part of a sustainability
program or otherwise authorized by the Office or Board
🮱
Does not promote any discounts or coupons, unless part of a sustainability program
or otherwise authorized
🮱
Does not include any special branding material, unless authorized
🮱
Does not make any other false or misleading statements
🮱
Continued on Next Page
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Appendix D (continued): Cannabis Product Packaging & Labeling Checklists
Checklist 6: Is it attractive to individuals under twenty-one?
Cannabis products cannot be attractive to individuals under twenty-one in their packaging or labeling.
A product's packaging and labeling must meet all of these requirements.
Requirement
🗹
Does not include cartoons.
🮱
Does not use bubble-type letters or any other cartoon-like font.
🮱
Does not use bright colors that are "neon" in appearance.
🮱
Does not create similarities to products that are commonly associated with, or
products marketed in a manner so as to be attractive to, individuals under twenty-
one.
🮱
Does not use words that refer to products commonly associated with, or products
marketed in a manner so as to be attractive to, individuals under twenty-one (unless
the word is part of the licensee's or a cultivar's name).
🮱
Does not use terms "candy" or "candies" or variants in spelling such as "kandy" or
"kandeez" (unless the word is part of the licensee's or a cultivar's name).
🮱
Does not use symbols, images, characters, public figures, phrases, toys, or games
that are commonly used to market products to individuals under twenty-one.
🮱
Does not use images of individuals who could reasonably appear to be under the
age of twenty-one, unless that individual is at least twenty-five years of age.
🮱
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Appendix E: List of Revisions to this Guidance
Version 4: Changes in the March 10, 2023 revision to this guidance include:
• Clarification regarding rotating warnings;
• Clarification regarding required labeling information;
• Recommendation that licensees minimize the presence of cultivar names that may otherwise be attractive to
individuals under twenty-one;
• Additional guidance on terpene profiles and when terpenes are considered “marketed”;
• Additional clarification on outdoor signs and exterior dispensary lighting;
• Additional clarification regarding symbols and implicit health claims;
• Additional FAQ regarding opaque retail packages; and
• Various formatting, grammatical, and technical changes.
Version 3: Changes in the December 19, 2022 revision to this guidance include:
• Guidance on marketing and advertising;
• Additional prohibitions to ensure accuracy in products representing themselves as “kosher” or “vegan”;
• Changes to allow for the use of special branding materials as authorized by the Office;
• New “Frequently Asked Questions” throughout guidance on packaging and labeling;
• Appendix C: Cannabis Product Packaging & Labeling Checklist
• Clarification that a processor’s city or zip code must appear on a label (instead of a processor’s city and zip code);
• Clarification that a use by date can be relative to when a product is opened (e.g., “Use within 90 days of
opening.”);
• Clarification that a cannabis product intended for vaporization is not required to include the number of servings or
recommended size of a serving on the principal packaging display panel; and
• Various formatting, grammatical, and technical changes.
Version 2: Changes in the October 4, 2022 revision to this guidance include:
• Changed where the “lot unique identifier or lot number or bar code” must appear. This is no longer required to be
on the principal packaging display panel and must now appear anywhere on the retail package or, if a marketing
layer is used, the marketing layer;
• Clarified that the principal packaging display panel only must contain a terpene profile if the product’s terpene
content is marketed;
• Clarified that products which contain <0.01mg of Total CBD per package do not need to list the Total CBD content
on the label;
• Clarified that licensees may not change the colors of the universal symbol;
• Clarified that the licensee’s full street address is not required to be on labeling text and that the licensee’s city and
zip code will suffice;
• Clarified that the licensee can not only include a website as their required “contact information.” Licensees must
include information that allows a consumer to directly contact them in the event of a contaminated product, such
as a phone number or email address; and
• Clarified that the word “warning” does not need to preface each of the required warnings where it is indicated in
the text if the word “warning” is clearly associated with all required warnings as a header.
Version 1: This guidance was originally posted on September 1, 2022.