Kid Proof Cannabis or Else, Warns DCC 

Press release from the Department of Cannabis Control (DCC):

The Medical and Adult Use Cannabis and Regulation Safety Act (MAUCRSA), prohibits cannabis advertising, marketing, products, packaging, and labeling that is attractive to children. Any cannabis or cannabis product that the Department of Cannabis Control (DCC) determines is attractive to children may be subject to compliance action, including embargo or recall.

Licensees that engage in advertising, marketing, manufacturing, packaging, or labeling cannabis or cannabis products in a manner that is determined to be attractive to children may be subject to citations and fines, license suspension, license denial, and license revocation.

What sort of cannabis products could be considered attractive to children?

The following sorts of cannabis products could be considered attractive to children:

• Cannabis products that could easily be confused with commercially available foods that do not contain cannabis, and
• Cannabis products in the shape, or imprinted with the shape, either realistic or caricature, of a human being, animal, insect, or fruit

What sort of advertising, marketing, packaging, or labeling could be considered attractive to children?

Cannabis advertising, marketing, packaging, or labeling that includes any of the following, could be considered attractive to children:

• Depictions or images of minors or anyone under 21 years of age,
• Images that are attractive to children such as cartoons,
• Likeness, characters, or phrases used to advertise to children,
• Imitates candy packaging or labeling, or
• Use of the terms “candy” or “candies” or a variant in spelling such as “kandy” or “kandeez”

Additionally, any cannabis advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed after a licensee has obtained reliable up-to-date audience composition data demonstrating that at least 71 percent of the audience is reasonably expected to be 21 years of age or older.

What should you do if you come across a cannabis product or cannabis advertising, marketing, packaging, or labeling that you believe is attractive to children?

If you believe you’ve identified a cannabis product or cannabis advertising, marketing, packaging, or labeling that might be considered attractive to children, you can file a complaint, which can be filed anonymously, using DCC’s online complaint portal.  The online complaint portal can be used to file a complaint against a licensed or unlicensed cannabis business, or a cannabis product, and allows you to upload photos or other forms of documentation that can help clarify the scope of the complaint.

When filing a product complaint please upload photos that show all sides of the packaging and include the UID and batch number in the complaint information.  When filing a marketing or advertising complaint, please upload photo(s) of the marketing or advertisement.

What should consumers do to help keep children safe from cannabis products in their home?

If there are cannabis products in your home, keep your children and pets safe by following these safety measures.

• Keep cannabis products in a locked, childproof container,
• Keep the container out of sight and out of reach of children and pets,
• Keep all cannabis products in the original, childproof packaging from the licensed retailer,
• Reseal the package of cannabis after use, and
• Dispose of cannabis products in a way where the products cannot be easily seen or accessed by children or pets.

For more information about cannabis safety measures, visit the California Department of Public Health website.

Additional information

To support the integrity of the cannabis market, encourage regulatory compliance, and help you stay informed – the DCC invites you to visit the following resource pages found on our website.

• Labeling requirements
• Child-resistant packaging (CRP)
• Cannabis recalls and safety notices
• Cannabis embargoes
• Compliance and licensing actions

To learn more about regulations that prohibit advertising, marketing, packaging, and labeling in a manner that is attractive to children, read the California Code of Regulations, sections 15040, 17300, and 17408.

For questions, please email the DCC at [email protected], or call us at 1-844-61-CA-DCC (1-844-612-2322).