Cannabis Packaging in New York | Laws & Regulations | Updated 2024 Guide

As one of the largest states in the nation (by population), it’s natural for many entrepreneurs to flock to the Empire State to get their hands on the cannabis industry. However, if you’re unaware of New York cannabis packaging laws and regulations, you can be in big trouble.

Packaging regulations are in place for two reasons: 1.) They ensure customers know exactly what they get from your products and; 2.) to ensure customer safety.

While federal guidelines share some similarities, New York has its own regulations to follow. Throughout this article, we’ll detail these to ensure your business meets all the laws for cannabis packaging in New York.

What are the Rules of Cannabis Packaging in New York?

Unfortunately, cannabis is still illegal federally. So, unless you live in a state with legal marijuana programs, it remains illegal to grow and sell these products.

In retrospect, this entails that the sale of cannabis is critical. This is a psychoactive compound and every state has its interpretation of how to sell such a product.

While there are universal regulations for cannabis packaging, New York has its own laws and regulations. We’ll shed light on both to give you an idea of what the Empire State expects from your business.

Medical Cannabis in New York

As per New York’s cannabis packaging regulations, approved medical marijuana products are limited to:

• Liquid or oil preparations for metered oromucosal or sublingual administration or administration per tube;
• Metered liquid or oil preparations for vaporization;
• Capsules for oral administration; or
• Any additional form and route of administration approved by the commissioner. Smoking is not an approved route of administration.

Unless approved by the commissioner, medical marijuana products may not be incorporated into edible food products by the registered organization.

On top of this, New York’s cannabis packaging laws state that you cannot use synthetic marijuana additives in the production of any medical products.

Laws and Regulations for Medical Cannabis Packaging in New York

All cannabis packaging in New York is held responsible by the registered organization that’s been approved for the sale of medical marijuana. With that, the original seal cannot be broken, except for the following reasons:

• Quality testing in an approved lab.
• For adverse event investigations.
• By the department, certified patient, or designated caregiver.

All medical marijuana products must also be:

• Child-resistant
• Tamper-proof/tamper-evident
• Light-resistant
• Resealable (to minimize oxygen exposure)

The registered organization must identify each lot of approved medical marijuana products with a unique lot identifier. In addition, each approved product shall be affixed with a product label.

Label Regulations

Medical marijuana product labels need approval by the department before use. Each product label shall be applied at the manufacturing facility, be easily readable, firmly affixed, and include:

• Name, address, and registration number of the registered organization;
• Medical Marijuana product form and brand designation;
• Single-dose THC and CBD content for the product outlined in milligrams (mg);
• Medical marijuana product lot unique identifier (lot number or bar code);
• Quantity included in the package;
• Date packaged;
• Date of expiration of the product;
• Proper storage conditions;

On top of that, labels must have language stating:

(i) “Medical Marijuana products must be kept in the original container in which they were dispensed and removed from the original container only when ready for use by the certified patient”;

(ii) “Keep secured at all times”;

(iii) “May not be resold or transferred to another person”;

(iv) “This product might impair the ability to drive”;

(v) “KEEP THIS PRODUCT AWAY FROM CHILDREN (unless medical Marijuana product is being given to the child under a practitioner’s care”); and

(vi) “This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying practitioner, and in the case of breastfeeding mothers, including the infant’s pediatrician.”

Lab Testing Requirements

For each lot of medical marijuana product produced, the registered organization has to submit a predetermined number of final products (e.g., sealed vials or capsules; with the number of samples submitted, based on statistical analysis, determined to be representative of the lot) to an independent, department-approved laboratory/laboratories.

The laboratory verifying the cannabinoid content shall be approved for the analysis of medical Marijuana products by the department by section 502 of the public health law and subpart 55-2 of this title.

Such laboratory, or approved laboratories cumulatively, shall certify the medical marijuana product lot as passing all contaminant testing and verify that the content is consistent with the brand before being released from the manufacturer to any dispensing facility.

(1) Any lot not meeting the minimum standards or specifications for safety shall be rejected and destroyed by the registered organization per the registered organization’s approved operating plan.

(2) Any lot not meeting the minimum standards or specifications for brand consistency shall be rejected and destroyed by the registered organization per the registered organization’s approved operating plan.

(3) The registered organization shall keep and maintain records documenting the submission of medical marijuana products to approved laboratories as required herein and the laboratory testing results. The registered organization shall provide the department with such records upon request.

Other Lab Requirements

The registered organization shall demonstrate the stability of each approved medical Marijuana product produced (each brand in each form) by testing at an approved laboratory under section 1004.14 of this title:

(1) The stability and expiration date of the final distributed medical marijuana product shall be validated and shall be stable for a minimum of 60 days under the specified storage conditions (light, temperature, and humidity) when opened;

(2) Shelf-life of unopened medical marijuana products (e.g., packages or vials) shall be validated by ongoing stability testing according to a schedule determined by the department, and the expiration date for unopened products shall be determined through the stability testing;

(3) Specifications regarding storage conditions must address storage at the manufacturing facility once the package is sealed, during transport, at the dispensing facility, in the patient’s home, and for samples retained for future testing.

Recreational Cannabis in New York

In 2021, New York became the 15th state to legalize recreational cannabis. Since then the state has devised a series of laws concerning its marijuana packaging. While these are similar to the medical industry, some differences exist.

Packaging Requirements

Recreational cannabis products must be in an opaque, child-resistant container that’s tamper-evident. This packaging cannot resemble commercially available candy or food products. On top of that, it cannot be attractive to children.

All cannabis packaging must also display:

• Product name
• THC and CBD content levels
• Net weight or volume specifications
• Complete ingredient listing
• Producer’s name and contact details
• Production and expiration dates
• Relevant warnings or safety notices

Label Regulations

Recreational cannabis products in New York must contain labels with the following:

• Product name
• THC and CBD concentration
• Total weight or volume measurement
• Manufacturing and best-by dates
• Full ingredient listing
• Cannabis producer’s name and contact details
• Necessary warning or precautionary statements
• Required THC symbol, clearly visible on the packaging
• Unique product identifier, such as batch or lot code
• The phrase “Store away from children”

Furthermore, any cannabis advertising or marketing materials must include the following statement: “This product has not been approved by the FDA to treat, cure, or prevent any disease.”

Environmental Factors

In New York State, cannabis packaging cannot to be made of plastic unless it contains 25% post-consumer recycled content.

This became law on January 1st, 2024 – making it a fairly new compliance. Naturally, some brands may need help to meet these requirements. However, at Custom 420, we provide state-compliant packaging for our New York buyers.

The purpose of this law is to create a minimal environmental impact and incentivize licensees to use recyclable products. In New York, you need to report your packaging materials annually. This will ensure you meet environmental standards.

Final Word

New York’s cannabis packaging regulations can be a lot to take in. As an entrepreneur, we understand that you may not have the time to ensure your product packaging adheres to all of the state’s laws. That’s why we’re here to help!

If you need state-compliant cannabis packaging and labeling, we invite you to contact us today.

Frequently Asked Questions