Montana Recreational | How To Buy Compliant Cannabis Packaging

On Tuesday November 3rd, 2020, the voters in the State of Montana passed a ballot initiative to legalize marijuana for adult-use. The ballot initiative contains a number of regulations that relate to packaging, in addition to the regulations that will surely be promulgated prior to the program rollout. Similarly to Arizona, Montana has an existing medical marijuana program. Readers are cautioned to be sure they are following recreational, not medical, regulations.

As with Missouri, the packaging regulations fall into three categories:

Required Language,
Design Prohibitions, and
Technical Requirements

Here we go!

Required Language

While the ballot initiative does not contain any specific warnings that must be included on the package, the ballot initiative directs the Department to promulgate regulations that ensure the proper warnings are on the package. Based on other states, it is safe to expect warnings concerning impaired driving and the operation of heavy machinery. Additionally, it is safe to expect warnings related to breastfeeding and pregnancy. Finally, one should also expect a regulation requiring warnings about delayed onset, at least in the case of edibles.

Design Prohibitions

The first prohibition on design is one we have seen in many other states. First, edible marijuana-infused candy may not be sold in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marijuana. Candy will be sold in containers for adults in Arizona! While this is the only enumerated prohibition, with the emphasis on children one should expect a regulation that requires packaging not imitate or resembles food or drink brands commonly sold to children. Finally, one should also expect a prohibition on false or misleading packaging or labelling.

Technical Requirements

Marijuana or MIPs must be sold or otherwise transferred in a resealable, child-resistant packaging. This means that the product must significantly difficult for children under 5 years of ago to open and not difficult for adults to use properly. Finally, since the regulation says “otherwise transferred,” it leaves open that an exit package could satisfy these technical requirements. Montana operators should look for a CR certificate from packaging providers to ensure compliance with this regulation.

Please visit the complete ballot initiative here. Additionally, you should note that there will be more regulations promulgated related to recreational marijuana packaging in Arizona.