Cal. Bus. & Prof. Code § 26120

Current through the 2023 Legislative Session.
Section 26120 - [Operative 7/1/2024] Generally
(a)Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. If the cannabis or cannabis product contains multiple servings, the package shall also be resealable.
(b)Packages and labels shall not be made to be attractive to children.
(c)All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the department:
(1)The following statements, in bold print:
(A)For cannabis: "GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION."
(B)For cannabis products: "GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION."
(2)For packages containing only dried flower, the net weight of cannabis in the package.
(3)Identification of the type of cannabis or cannabis product and the date of packaging.
(4)The appellation of origin, if any.
(5)List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.
(6)A warning if nuts or other known allergens are used.
(7)Information associated with the unique identifier issued by the department.
(8)For a medicinal cannabis product sold at a retailer, the statement "FOR MEDICAL USE ONLY."
(9)Any other requirement set by the department.
(d)Only generic food names may be used to describe the ingredients in edible cannabis products.
(e)Cannabis beverages may be packaged in containers that are clear or any color.
(f)The package and label of a cannabis cartridge and an integrated cannabis vaporizer shall not indicate that the cannabis cartridge or integrated cannabis vaporizer is disposable nor imply that it may be thrown in the trash or recycling streams.
(g)In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.
(h)This section shall become operative on July 1, 2024.

Ca. Bus. and Prof. Code § 26120

Added by Stats 2022 ch 390 (AB 1894),s 2.5, eff. 1/1/2023.
Amended by Stats 2022 ch 390 (AB 1894),s 1.5, eff. 1/1/2023.
Amended by Stats 2022 ch 388 (AB 1646),s 1, eff. 1/1/2023.
Amended by Stats 2021 ch 532 (AB 1222),s 1, eff. 1/1/2022.
Amended by Stats 2021 ch 70 (AB 141),s 66, eff. 7/12/2021.
Amended by Stats 2017 ch 27 (SB 94),s 74, eff. 6/27/2017.