Cannabis Packaging Requirements: Oregon
Oregon has long been at the forefront of cannabis legalization in the United States, and as a result, the state has some of the most comprehensive regulations surrounding the production, sale, and packaging of cannabis products. For cannabis companies operating in Oregon, staying compliant with these rules and regulations is crucial to maintaining a successful and sustainable business. In this blog, we'll take a deep dive into the cannabis packaging rules and regulations in Oregon, examining why they are important, what they entail, and how companies can ensure they are following them.
History of Cannabis Legislation in Oregon
Oregon has a long and storied history when it comes to cannabis legalization. The state first decriminalized possession of small amounts of cannabis in 1973, making it one of the first states in the country to do so. In 1998, Oregon became one of the first states in the country to legalize medical cannabis. Then, in 2014, Oregon voters approved Measure 91, which legalized recreational cannabis for adults aged 21 and over. The measure went into effect on July 1, 2015, making Oregon one of the first states in the country to have a regulated recreational cannabis market.
Since then, the state has been at the forefront of cannabis legalization, with a robust industry of growers, processors, and retailers serving both the medical and recreational markets. However, as the industry has grown, so too have the regulations surrounding it, particularly when it comes to packaging and labeling.
Who Controls Cannabis Packaging in the State?
In the state of Oregon, the Oregon Liquor Control Commission (OLCC) is responsible for regulating the packaging and labeling of cannabis products. The OLCC is the agency that oversees the state's recreational cannabis industry, including licensing and enforcement, and it has established rules and regulations that must be followed by all cannabis businesses operating in the state. These rules cover everything from the type of packaging that can be used for different types of products to the specific information that must be included on product labels.
The goal of these regulations is to ensure that all cannabis products sold in Oregon are safe, accurately labeled, and not marketed to children. Companies that fail to comply with these regulations can face fines, penalties, and even the revocation of their license to operate. Therefore, it is crucial for businesses in the industry to stay up to date with the latest regulations to remain in compliance.
Packaging Requirements for Cannabis
The packaging requirements for cannabis products in Oregon are comprehensive and strictly enforced by the OLCC. These regulations cover everything from the type of packaging that can be used to the information that must be included on the label. Following are a few of the requirements set out by the OLCC:
- All cannabis products, excluding plants and seeds, must be sold in child-resistant packaging that meets specific criteria for effectiveness. If the product itself does not come in child-resistant packaging it must be placed in a child-resistant exit bag once it has been purchased.
- To guarantee packaging meets the OLCC's criteria for child-resistant packaging, a third-party firm must test and certify the package. The OLCC does not conduct its own tests or evaluations to determine compliance, so companies must include proof of certification when submitting their packaging to the OLCC for approval.
- The packaging must also be opaque, so the product cannot be seen from the outside, and it must be resealable to maintain freshness.
Additionally, there are specific labeling requirements that must be followed:
- The label must include the product name, type of product (e.g., edible, concentrate, flower), and the amount of THC and CBD in the product.
- The label must also include a warning stating that the product contains cannabis and that it should be kept out of the reach of children.
It is worth noting that the OLCC updates its regulations periodically to adapt to changes in the industry and new research. As a result, businesses in the cannabis industry must stay up to date on the latest requirements to ensure that their products are compliant and that they can continue operating legally.
The OLCC even has packaging requirements for CBD products sold in Oregon. While CBD products derived from hemp are legal under federal law, the OLCC considers these products to be within its regulatory purview when they are intended for human consumption.
Like cannabis products, CBD products sold in Oregon must be sold in child-resistant packaging that meets specific criteria for effectiveness. The packaging must also be opaque, resealable, and include a label that meets the OLCC's requirements.
The label for CBD products must include the product name, type of product (e.g., tincture, edible, topical), and the amount of CBD in the product. The label must also include a warning statement that the product contains CBD and that it should be kept out of the reach of children.
It is important to note that the requirements for CBD products may differ from those for cannabis products in some cases. Businesses that sell CBD products in Oregon should carefully review the OLCC's regulations to ensure that they are in compliance.
The Final Say
While the OLCC does not require preapproval of all cannabis packaging in Oregon, it does require businesses to submit samples of their packaging and labels for review and approval before they can be used to package and sell cannabis products.
The OLCC has established specific packaging and labeling requirements that must be met, and businesses are responsible for ensuring that their packaging and labels comply with these regulations. Once a business has developed packaging that meets the OLCC's requirements, they can submit samples of the packaging and label to the agency for review.
The OLCC will review the samples to ensure that they meet all requirements and are compliant with state law. If the packaging and label are approved, the business can begin using them to package and sell their cannabis products. If the packaging and label do not meet the OLCC's requirements, the business will be required to make changes and resubmit the samples for approval.
Overall, while the OLCC does not require preapproval of all cannabis packaging in Oregon, it does require businesses to submit their packaging and label samples for review and approval to ensure compliance with state regulations.
Since legalizing recreational cannabis, the OLCC has made some changes to the rules and regulations regarding cannabis products in the state. One of the more recent updates implemented is a regulation regarding artificially derived cannabinoids, like Delta-8 and CBN.
The OLCC now requires all products containing artificially derived cannabinoids must use an OLCC-approved label that says “Artificially Derived Cannabinoid” in the product identity.
As the OLCC continues to add to their packaging and labeling requirements, cannabis operators should make sure to stay up to date on all the changes that occur. Operators looking for packaging can reach out to the experts at S10 Labs. The experts are here to answer all your state specific questions and make sure the packaging you get will always be compliant, no matter where you sell your products.