Cannabis packaging rules seem to be a very complicated subject as the laws regarding cannabis are constantly changing everywhere. You can’t just be familiar with Federal law, but State and Local laws as well.
These rules are constantly being amended and changed, challenged, and so on. Then reading and interpreting them could require a lawyer to fully understand the pages of text written as law.
For this reason, this article will give you a general guide as of this moment for Washington Cannabis packaging state law. The use of this guide is more so to help you catch some common things you may be missing from your packaging before anybody else does but obviously won’t be all-encompassing.
Like I said above, laws are constantly changing and you should check with your local laws but this is more of a helpful guide than legal advice and we implore you to do more research on your own.
With that being said, most of this information was gathered from the Washington State Liquor and Cannabis Board website. Which is a great resource for the state of Washington regarding these laws.
Cannabis Packaging Definitions
Packaging is considered the container that holds the marijuana or the outer packaging that holds the sealed marijuana. So it’s always either the container holding the marijuana or the container holding the container.
Labeling is the material affixed to a container or product, which has written or printed
information or symbols about the product or item. This is like traditional paper sticker labels or shrink sleeve labels. Information printed directly on a container or article can also be considered labeling.
Child Resistant Packaging
Child resistance is one of the most important aspects of legal cannabis packaging. I’d say it is the basis of all cannabis packaging regulations. This is obviously because we don’t want little kids to accidentally ingest anything dangerous.
At this moment, child-resistant packaging isn’t required for many forms of cannabis in Washington. Notably, what’s defined as “usable marijuana” is usually how we see cannabis in its flower form.
Child Resistant packaging is more so used for marijuana edibles which can often be mistaken for regular foods by children.
Child Resistant Packaging is defined as packaging that is designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for adults to use properly.
The standard for child-resistant packaging is set by the Consumer Product Safety
Commission (CPSC). To know if your packaging meets the child-resistant requirements, you can request a child-resistant certificate from the manufacturer.
Child-resistant packaging comes in two forms: (1) single-use; and (2) re-sealable, continually child-resistant.
A single-use, child-resistant package is one that meets the child-resistance standard for a single-use and is child-resistant until it is opened. This is the case with many popular Mylar bags.
A re-sealable, continually child-resistant package is one that is capable of being resealed after being opened and maintains child-resistant properties throughout the life of the product. This is the case with many popular pop-top bottles and pre-roll tubes.
Either one of these is required by the State for marijuana edible packaging. To go into more detail about the law for edibles: Edibles must be in plastic that is two mils or greater in thickness, heat-sealed without an easy-open tab, dimple, corner, or flap that will protect persons under the age of twenty-one from accidental exposure to marijuana edibles in solid form.
There are many other requirements as well mostly concerned with providing required information on the product labels. We won’t go into those, but things like product weight, warning symbols and text, and ID numbers are just to name a few.
Child Resistant Cannabis Packaging Laws for Washington State Overview
Cannabis laws can be awfully confusing, as is the case with most laws, but they’re important to learn to run a legitimate business. Most of the laws provided here are mostly concerning marijuana edibles but we’ve definitely seen these same laws get attached to other forms of marijuana as well in other states.
Depending on how future legislation goes, packaging laws can either loosen up or we’ll be seeing much more regulation as we try to really normalize legal recreational use. Hopefully, these few tips might have saved you from a potential citation or lawsuit. We implore you to really go into detail about your local laws to make sure everything your business is doing is legitimate.