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Cal. Bus. & Prof. Code § 26121

Packaging and Labeling

Redline — January 1, 2017 → current.View current text →
Current — January 1, 2023
As of January 1, 2017
(a) A cannabis product is misbranded if it is any of the following:
(1) Manufactured, packed, or held in this state in a manufacturing premises not duly licensed as provided in this division.
(2) Its labeling is false or misleading in any particular.
(3) Its labeling or packaging does not conform to the requirements of Section 26120 or any other labeling or packaging requirement established pursuant to this division.
(b) It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale a cannabis product that is misbranded.
(c) It is unlawful for any person to misbrand a cannabis product.
(d) It is unlawful for any person to receive in commerce a cannabis product that is misbranded or to deliver or offer for delivery any such cannabis product.
(a) On or before July 1, 2025, the department shall reevaluate regulations adopted pursuant to Section 26120 to determine whether any additional warnings are necessary to reflect evolving science and shall adopt regulations for cannabis and cannabis product labels or inserts reflecting the evolving science regarding the risks that cannabis use may cause consumers.
(b) (1) On or before January 1, 2030, and every five years thereafter, the department shall reevaluate the regulations adopted pursuant to subdivision (a) to determine whether requirements imposed in those regulations reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings.
(2) The Legislature recommends that the department, and the department may, use research funded pursuant to subdivision (b) of Section 34019 of the Revenue and Taxation Code that evaluates labeling and packaging, and, in conformance with the provisions of that subdivision, the department may commission new research to assess the efficacy of the warnings required by subdivision (a) and approaches to identify future best practices for cannabis health warning labels that are most effective in changing knowledge and intent to consume or consumption.
(c) Cannabis or cannabis products manufactured before July 1, 2025, may be sold before July 1, 2026, without meeting the labeling requirements imposed by the regulations adopted pursuant to subdivision (a).
(d) Cannabis or cannabis products manufactured before January 1, 2030, and every year thereafter when new labeling requirements are imposed by the regulations adopted pursuant to subdivision (a) may be sold for up to 12 months from the effective date of those regulations, or for a shorter period of time as prescribed by the department in those regulations, if they comply with the regulations in effect prior to the enactment of the new regulations.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.