Dr. David L. Nathan of Doctors for Cannabis Regulating
State regulatory bodies are under pressure to create a legal cannabis industry. They balance public health, safety, and social justice when formulating regulations.
Some of these choices are made easier by industry standards and consensus standard organizations. Unfortunately, despite being given a “no brainer” standard on a rolling tray made of silver, New York’s Cannabis Control Board still made a mistake that could harm children, patients and small business owners.
CCB was heavily criticized for its “bungled launch” of the adult use cannabis industry, and its failures to meet its social equity commitments. A founding member of the CCB resigned recently amid controversy.
CCB, regrettably, has mandated all regulated cannabis packaging bear a complex and confusing product symbol. This serves as a constant and visible reminder of their unwavering opposition to the unanimous advice from the cannabis policy community.
The CCB approved a set labeling regulations in less than two seconds, without mentioning a correspondence sent by dozens of stakeholder groups urging them not to use their own symbol, but to adopt a standard industry-wide. Marijuana Moment, and other outlets made the letter known in advance of the CCB meeting.
The New York symbol looks like a parody of a “design by committee” and was created by the Office of Cannabis Management. It features three elements within a rectangle of black.
The NYS OCM logo.
CCB was immediately criticized for a design which failed Symbology 101. The complex and detailed OCM symbol distracts from the main purpose of the OCM: to quickly identify cannabis products in order to prevent accidental consumption by adults and children. The large size of the symbol is unpractical on small packages like cannabis products and takes up space that could be used for other important labeling elements, such as product warnings.
The OCM logo requires expensive four-color printing. The OCM symbol is a barrier for entrepreneurs in historically oppressed groups who do not have the capital to invest into expensive packaging.
The OCM symbol violates a number of consensus standards. These are technical specifications published by standard organizations such as the National Institute of Standards and Technology (NIST), ASTM International and International Organization for Standardization. These standards are created in an open atmosphere to promote public safety, and they are developed by experts in both the public and private sector. Since the 19th century there have been many standards organizations that apply to everything, from zippers to airplanes.
The ISO 3864 standard defines a warning icon as an element of black within a yellow triangle with a bordered black. The symbol is not allowed to contain alphanumeric characters, as marginalized people may be illiterate in certain languages, cultures, sciences, and Latin alphabets. Text is instead placed next to the pictorial symbol of warning when more information is required.
Examples of ISO 3864 compliant symbols in use around the United States.
If the CCB had not been aware of a cannabis product symbol available for free that exceeds and meets all standards, they could have easily overlooked symbol standards.
The International Intoxicating Cannabinoid Product Symbol was created in collaboration with Doctors for cannabis Regulation (DFCR),, and ASTM International. The IICPS was adopted as a consensus standard (ASTM D8441), following a vote by more than 200 ASTM Members, including scientists, cannabis regulators, and industry stakeholders.
The IICPS conveys a clear message to the public: “Caution With Cannabis.” It uses simple elements that are optimized for printing on small packaging and embossing onto the surface cannabis products. The cannabis leaf is familiar to most people, so they can identify the package contents.
It is curious that one part of OCM’s symbol was poorly modeled after the IICPS. It uses text inside the triangle that is not compliant with ASTM D8441 and prohibited by ISO 3864. This was modified without the permission of IICPS designers.
The IICPS will likely be the only symbol used by federal authorities for cannabis products in all 50 states. The National Technology Transfer and Advancement Act of 1996 requires federal agencies adopt existing consensus standards within federal regulations.
Montana, recognizing the importance of consensus standard, was the first U.S. State to adopt the IICPS. New Jersey, Vermont, and South Dakota all followed suit by incorporating the IICPS into their state logos. New York, the second-most populous state to legalize marijuana, is not one of those states that are considering adopting the IICPS.
The IICPS, for dark and light backgrounds, embossed and printed on a Montana edible.
After CCB requested comments on the OCM, a coalition of 24 organizations representing all major stakeholders in the cannabis industry submitted and published a Letter urging CCB adopt the IICPS. The letter was a rare instance of shared interests and unity among doctors, nurses and patients, as well as industry trade groups and social justice advocates. It also included veterans, cannabis regulators, and drug policy experts. Signatories provided CCB with alternative designs using the IICPS, which included all the key elements of the OCM logo. This was done at no cost to CCB nor New York taxpayers.
CCB ignored this unanimous recommendation from an august coalition of organisations. In an ironic display of pride, the CCB chose to ignore this unanimous recommendation.
The OCM symbol will remain for the time being, but CCB’s refusal of low-hanging fruit provides two valuable lessons for other state regulators.
Don’t try to reinvent the wheel. Use consensus standards when you can.
Adopt the IICPS Standard–STM D8441. You will almost certainly lose your symbol when the U.S. adopts its national standard. If your symbol is confusing, children and adults may accidentally ingest cannabis because they don’t appreciate your originality.
David L. Nathan is a Princeton-based psychiatrist and clinical associate professor at Rutgers Robert Wood Johnson Medical School. He was the past president and founder of Doctors for Cannabis Regulation, and a codesigner of IICPS.
List the signatories of the letter supporting the adoption of IICPS by New York State in January 2023:
American Cannabis Nurses Association
Americans for Safe Access
American Trade Association for Cannabis and Hemp
Association for Cannabis Health Equity and Medicine
Cannabis Association of New York
Cannabis Regulators of Color Coalition
Clergy and a New Drug Policy
Doctors for Cannabis Regulation
Drug Policy Alliance
Global Alliance for Cannabis Commerce
Immigrant Defense Project
JustLeadershipUSA
JUSTUS Foundation
Marijuana Policy Project
Minorities and Medical Marijuana
Minority Cannabis Business Association
National Cannabis Industry Association
National Organization for the Reform of Marijuana Laws
NYC Chapter of NORML
Patients out of Time
Society of Cannabis Clinicians
Students for Sensible Drug Policy
Unified Legacy Operators Council
Veterans Cannabis Coalition
The article New York City’s Symbolic Failure in Cannabis Regulation (OpEd) first appeared on Marijuana Moment.
