New York Cannabis Board Regulations for

Adult-Use Cannabis Packaging and Labeling

Authority and Purpose: The Cannabis Control Board has established new regulations, Part 128 and Part 129, for adult-use cannabis packaging and labeling. These regulations are effective upon publication in the New York State Register.

-

Definitions: The document provides definitions for terms used in the regulations, such as "Advertising," "Advertisement," "Attractive to individuals under twenty-one," "Board," "Brand or Branding," "Child-resistant," "Date of expiration," "Edible," "Exit package," and many others.

-

-

Cannabis Product Retail Packaging Minimum Standards: The retail package must be child-resistant, tamper-evident, resealable (if it contains more than one serving), fully enclose the product, and not impart any toxic or deleterious substance onto the cannabis product.

 -

Cannabis Product Packaging Prohibitions: Packaging cannot emit scent or sound, alter its appearance through technology (except for anti-counterfeiting purposes), be attractive to individuals under twenty-one, be made of plastic (unless containing a minimum 25% post-consumer recycled content), or violate any additional requirements set out by the Office.

-

Retail Packaging Sustainability Program: Licensees must submit an environmental sustainability program for cannabis product packaging as part of the application process. They must also submit a revised plan that reduces the use of plastics in packaging within two years of license issuance.

-

Cannabis Product Labeling Minimum Standards: The principal packaging display panel must contain information such as total THC and CBD content, terpene profile if marketed, number of servings per package, and weight of the cannabis product. The retail package or marketing layer must contain additional information like a list of all ingredients, date of expiration, use by date, proper storage conditions, and more.

-

Cannabis Product Labeling Prohibitions: Packaging cannot display any content or be labeled in a manner that is attractive to individuals under twenty-one, includes any false or misleading statements, promotes overconsumption, or violates any other prohibitions set out by the Office.

-

Retail Packaging and Labeling Violations and Penalties: The Board may suspend, cancel, or revoke a license and impose other penalties for failing to comply with these regulations or for transferring, selling, or offering to sell a cannabis product to another licensee that is not packaged or labeled in accordance with these regulations.

-

Please note that this is a simplified summary and does not cover all the details and nuances. For a complete understanding, it's recommended to advise qualified cannabis attorneys.