Cannabis suppliers, dispensaries deal with new Missouri product packaging regulations
Both suppliers and dispensaries said the changes are difficult and will take a lot of time to implement.
Missouri marijuana suppliers and dispensaries are in the process of making some big changes to packaging, specifically for the edibles they make and carry.
This comes after an extra effort on the state’s part to keep gummies out of the hands of kids.
According to data released last year, there was a big increase in the number of kids exposed to edible cannabis, like gummies. In 2017, there were only 207 cases across the country, but in 2021 it went up to more than 3,000.
“No one in this industry wants these products to be in the hands of children, just like alcohol. It's the same difference,” Camp Cannabis Compliance Director Chris LeGrand said.
To combat the issue in Missouri, regulators made updates to packaging rules including:
- The packages can only be one color.
- They can have up to two logos of different colors.
- The word marijuana must be prominently printed on the outside.
The suppliers have to get it approved by the Missouri Department of Health and Senior Services LeGrand said that the approval process can take as long as two months.
“It has been extremely challenging to deal with the evolution of these rules and trying to anticipate ordering packaging, especially when the majority of the industry gets much of their packaging from China. And then, you have this Chinese New Year period where essentially the factories are shutting down for several weeks or a month at a time,” LeGrand said.
On the dispensary side, they now have to work on phasing out non-compliant products.
Mint Cannabis COO Raul Molina said it’s something they’ve already been working on, and it's why you might see more discounts soon.
“We have been ordering a little less of the ones that aren't ready ordering a little bit more of the ones that are ready, trying to get rid of anything that's not going to be compliant after the date,” Molina said.
Molina said they are very supportive of anything that protects children and have even gone a step further at all of their dispensaries no matter what the state's regulations are.
“In Arizona, the packaging for the product itself does not have to be childproof. And that's the reason that we made the exit bag childproof so that there's a little safety there at all of our dispensaries,” Molina said.
Missouri NORML Attorney Dan Viets said these changes could be challenged in court because of rules spelled out in the constitution, and some could argue packaging is a form of advertising.
“The Constitution requires that restrictions on advertising for cannabis products be no more restrictive than the regulations and rules that apply to alcohol products. And it seems to me that those go far beyond that standard,” Viets said.
A spokesperson for MoCannTrade said in a statement, "Since Missouri’s very first sale of legal medical marijuana in October 2019, all products have been lab-tested, taxed, and packaged in childproof containers that follow some of the strictest labeling and marketing regulations of any Missouri retail product. Thanks in part to the 20,000 Missourians who now work directly in the industry, this system, while heavily regulated, has worked well and kept prices affordable. We fear that the new mandate requiring prior approval of packages and labels will increase costs and the time it takes to bring new cannabis products to market while leaving patients and customers less informed."
The current deadlines are one of the biggest challenges. Suppliers can't ship out any products with non-compliant packaging after May 1, and dispensaries have until July 1 to sell off non-compliant products.
There is an extension coming, but those dates haven't been released yet.
