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Next steps for New York cannabis: board proposes regulations for marketing, packaging, and testing

New York is moving closer to launching retail by the day. The New York State Cannabis Control Board, the approval and oversight body of the Office of Cannabis Management, held a board meeting June 1st, 2022 to pin down regulations for the marketing, testing, and packaging of cannabis products. 

The proposed marketing regulations are on par with many other states. Advertisements cannot include images or audio of children, cartoons, or actors under the age of 25. Licensees will likely need to advertise in places where the audience is 90% 21 or older. No promoting of overconsumption or false, misleading statements about curative therapeutic effects will be allowed. 

Proposed packaging regulations are what you might expect by now, as well: child resistant, tamper-evident, non-toxic, and able to fully enclose each product. Packages can’t appeal to anyone under 21, following the same regulations as for marketing. So, images evocative of cartoons, toys, and candy are all prohibited. Packages will also need to include labels with relevant warnings, potency and serving sizes, use, and storage instructions. The topic of sustainability was on the table as well, with Cannabis Control Board member Jen Metzger saying, “The proposed regulations are intended to encourage the use of materials other than single use plastics. But if plastics are used, they would need to have a minimum post consumer content of 25%.”

Existing medical cannabis labs are proposed to receive authorization to test both medical and recreational to support the new market. They will be required to have ISO 17025 accreditation and meet certain quality assurance and staffing requirements. No laboratories may have a direct or indirect interest in any other registration or license type. And to prevent anyone from gaming the system, laboratory sampling firms would collect the samples from registered organizations to ensure the collection of random samples.  

The board moved to push forward with these proposed regulations, and they will be subject to a 60-day comment period. To watch the board meeting or read the full transcript, go here

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