Missouri’s New Cannabis Packaging Rules Aim to Protect Children, Deadline for Compliance Approaches

Under Missouri’s stringent new cannabis regulations, marijuana-related products must feature plain packaging with limited colors and designs, specifically aimed at reducing their appeal to children. The deadline for compliance with these rules is fast approaching, with marijuana companies required to meet the new standards by September 1.

Plain Packaging to Deter Youth Appeal

Missouri’s move to enforce plain packaging aligns with global efforts that have seen success in the tobacco industry. For decades, studies have shown that plain packaging, which limits the use of colors and decorative elements, makes products like cigarettes less appealing to young people. Now, Missouri is implementing a similar strategy for recreational marijuana.

When voters passed the constitutional amendment to legalize recreational marijuana in 2022, it included a mandate that marijuana packaging “shall not be made to be attractive to children.” The new state rules dictate that packaging can only feature one primary color and include up to two logos or symbols, which may be of a different color or multiple colors.

“This approach to packaging is familiar to all of us,” said Amy Moore, director of Missouri’s Division of Cannabis Regulation, during a legislative committee hearing last year. “You think about the cereal aisle versus tobacco packaging or over-the-counter medicines.”

Compliance and Delays

Originally, the compliance deadline was set for May 1, but potential delays in global shipping led regulators to extend the deadline to September 1. By this date, all marijuana products must be packaged and labeled according to the division’s approved designs before they can be distributed to dispensaries. However, dispensaries are allowed to continue selling non-compliant products already in stock until November 1.

One of the challenges faced by marijuana companies is the new requirement for pre-approval of all packaging labels by the Division of Cannabis Regulation. This process did not exist under the medical marijuana rules, leading to delays in approvals due to a backlog of submissions.

Nick Rinella, CEO of Hippos Cannabis, expressed concerns about these delays, stating, “The state just doesn’t have the manpower to go through and approve them. And until they’re approved, they can’t go onto the shelves in their new packaging.”

Since the approval process opened on September 1, 2023, the division has received nearly 150,000 submissions, with half of these coming in the last 60 days. Despite the influx, Lisa Cox, spokeswoman for the division, assured that all applications are being processed within 60 days.

Stricter Regulations for Children’s Safety

Missouri’s new cannabis packaging regulations are among the most stringent in the country. The state’s constitution mandates that no marijuana facility can sell edible marijuana-infused candy in shapes or packages that are attractive to children or could be easily confused with non-marijuana candy. Violations can result in fines up to $5,000 and the potential loss of a business license.

The packaging rules are part of broader cannabis regulations that went into effect on July 30, 2023. Initially, the division proposed even stricter rules, requiring only one color on the label. However, after pushback from the Missouri Cannabis Trade Association and some legislators, the rules were revised to allow “limited colors” and QR codes on labels for additional information.

Missouri now joins a small group of states, including Connecticut, Massachusetts, and New Jersey, that require plain packaging for adult-use cannabis products. Moore emphasized that the new regulations reflect the voters’ desire for stronger protections, particularly regarding children’s safety.

“We have to notice that,” Moore said, “and say, ‘Apparently we’re to do more, we’re to do better for children and for health.’”

As the September 1 deadline looms, cannabis businesses across Missouri are racing to ensure their compliance with these new regulations, while also navigating the complexities of state approval processes.