Restrictive Missouri Marijuana Packaging Requirements Set To Take Effect

We are aware that some licensees may need more time to comply with the new rules and regulations, especially for packaging.

By Rebecca Rivas, Missouri Independent

Since the 1970s, there has been a worldwide movement to encourage “plain packaging”, or packaging with limited color and frills. This is because numerous studies have shown that it makes cigarettes more appealing to youth.

Missouri will be used as a test site to determine if plain packaging is the same for recreational marijuana.

The constitutional amendement to legalize recreational marijuana included a clause that stated that the packaging and labels of marijuana-related products “shall not make them attractive to children.”

According to the Network for Public Health Law, Missouri will be one of the few states that requires plain packaging for the adult-use marijuana market. Connecticut, Massachusetts, and New Jersey are the others.

Missouri’s new marijuana regulation regulations, which goes into effect July 30, includes packaging requirements.

Amy Moore, director of Missouri cannabis regulation at the Missouri Department of Health and Senior Services DHSS (DHSS), said recently that the approach “ensures that the health and safety information are the focus of packaging.”

It also reduces the appeal of children.

Moore told a legislative hearing early in May that “this approach to packaging is very familiar to us all.” You can compare the packaging of tobacco products or over-the counter medicines with that in the cereal aisle. My five-year old’s favourite color is currently rainbow.

Julie Weber of the Missouri Poison Center said that Missouri, like many other states, has seen a rise in child poisonings involving marijuana edibles ever since recreational marijuana was legalized.

The number of cases involving children aged five or under has increased from seven in 2018 to over 125 in 2022.

According to the Constitution, no marijuana establishment can sell edible candy infused with marijuana in packages or shapes that are appealing to children or are easy for them or others to confuse with candy sold commercially that does not include marijuana.

The penalties include fines up to $5,000 or the loss of your business license.

The Missouri Cannabis Trade Association was outraged when Missouri regulators proposed plain-packaging for cannabis products in the spring.

In a letter sent to legislators in early May, the Marijuana Business Association stated that marijuana businesses had already invested “many million” dollars in packaging design. They did this because “attractive packaging that is interesting and attention-grabbing is crucial to effectively promote and advertise marijuana products.”

Also, they argued that state law already required child-resistant containers.

Moore stated that these companies were aware of the impending legislation after Amendment 3 was passed by voters last year. The safety requirements for children are stricter than those included in the 2018 constitutional amendment that legalized medical marijuana.

She said: “We must notice this and say that we are going to do more for the children and health.”

A Different Approach

Daniel Kruger is a researcher at the Institute for Social Research of the University of Michigan. He will be watching closely the results of the plain packaging laws in the various states.

Kruger conducted a study to determine the best way to label cannabis products and minimize risks and harms.

He said that the packaging should at least have warnings and be as different as possible from the products children are likely to consume. “This is probably the safest option–plain packaging.”

He said that a good question to ask in the future is: How restrictive should the packaging be? This study will focus on Missouri and other states.

Connecticut started selling recreational marijuana on January 1, New Jersey on April 2022 and Massachusetts on 2018.

Missouri’s regulations will come into effect by the end of July. DHSS published more guidelines on June 6. The packaging must be in one primary color and can include up to two symbols or logos that are a different or different color.

The requirements for child-proof packaging will also be more strict.

In an email sent to The Independent on 21 June, DHSS spokeswoman Lisa Cox stated that the old rules allowed for the child-proof packaging component to be achieved by a single layer of packaging. The new rules require that the childproof packaging must meet the requirements (with some exceptions), but these rules are still not effective.

DHSS acknowledges that there will be a transition period to the new guidelines.

Moore stated during the hearing in May that “[w]e know licensees need time to comply with certain new rules and especially for packaging.” We know that most facilities will require a grace period to continue using the packaging they currently have.

Moore, Moore’s legislators, told lawmakers that packaging was difficult to enforce. Now companies will need to have their labels and packaging approved by DHSS.

The states have different requirements for plain packaging. Connecticut stipulates that the packaging must be “entirely one color and shall not include any information, print or graphic, nor shall it incorporate embossing or debossing”. Packaging for edible cannabis products is also required to be white.

Massachusetts prohibits the use bright colors and requires plain packaging. New Jersey requires packaging to be one color. Logos or symbols in a different colour are permitted, provided they do not exceed one inch long and one inch high.

In Missouri’s first draft proposed rules, DHSS mandated that companies have only one colour on their labels.

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Moore, Moore’s May 2015 testimony to legislators revealed that the agency had changed its rule after receiving pushback from MoCann Trade, some legislators and others. Moore also allowed QR codes to be placed on labels, which would direct consumers to the company’s website for further information.

Nick Schroer, a Republican state senator and chair of the Joint Committee on Administrative Rules at the State Senate, said to Moore that packaging can be considered as advertising. Advertising laws can’t be more restrictive for alcohol companies than advertising rules.

Moore explained to Schroer that there are two issues: the packaging and labeling. Both of these things are covered under the standards for public health and appealing to children that we have discussed. “Neither of these things is advertising under the laws.”

Hawaii requires plain packaging for all medical marijuana products, since the legalization of this product in 2015. Hawaii is one of the strictest states when it comes to packaging.

Michele Nakata told The Independent, in early June, that Hawaii’s medical cannabis control and regulatory office had very low unintentional poisoning rates among children and adults. “We think the plain packaging helps with that.”

Hawaii’s attempt to legalize recreational marijuana failed in the spring. If Hawaii approves adult-use pot and the Health Department remains the regulatory agency, Nakata says the state will likely follow Canada in limiting the colors and graphics of packaging.

Since Canada legalized recreational marijuana use in 2018, it has required plain packaging for cannabis products. A government survey published last year found that accidental consumption by children under the age of 13 was not reported in Canada due to low counts.

She said, “I think Canada is a role model in terms of how they have implemented their program.” They have placed public health and safety at the forefront in everything they do.

This article was originally published in the Missouri Independent.