The Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) established regulations and product safety standards for medicinal cannabis use and cannabis use by adults 21 years of age and older.  MAUCRSA prohibits cannabis advertising, marketing, products, packaging, and labeling that are attractive to children or persons younger than 21.

Licensees who 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. 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.

DCC evaluates cannabis products, advertising, marketing, packaging, and labeling that could be attractive to children on a case-by-case basis but does not provide review or pre-approval of cannabis products, advertising, marketing, packaging, or labeling designs. Licensees are responsible for meeting regulatory and statutory requirements and maintaining compliance.

By following the California Code of Regulations (CCR) and best practices, licensees can ensure regulatory compliance and protect public safety while reducing risk to children. DCC provides additional context to help licensees navigate regulations and safeguard children or persons younger than 21.

Best practices for cannabis products, advertising, marketing, packaging, and labeling.

Specific elements of cannabis products, advertising, marketing, packaging, and labeling may be particularly attractive to children. Edibles present a heightened concern because they often resemble familiar foods, candies, or snacks. Enticing packaging can lead to unintentional consumption for children under five who cannot read.

The following may increase the likelihood that cannabis and cannabis products are attractive to children or enticing to children under five:

• Candy-like shapes
• Bright colors, holographic finishes, or flashy designs
• Packaging imitating non-cannabis snacks
• Mascots, anthropomorphized animals, or fictional characters
• Flavor names emphasizing sweetness or novelty (e.g., Candy Blast)
• Imagery suggesting luxury lifestyles, parties, or group enjoyment
• Links to youth-focused social media via QR codes or branding

Compliance dos and don’ts

Don’t advertise or market cannabis or cannabis products to individuals under 21 years of age.

Cannabis and cannabis products cannot be advertised or marketed to individuals under 21 years of age.  Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications can only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.

Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee must utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue. Appropriate methods of age affirmation include user confirmation, birth date disclosure, or other similar registration methods.

Review Business and Professions Code (BPC) section 26151 and CCR section 15040 (a)(1) for more information.

Don’t use depictions or images of minors or anyone under 21.

Licensees are responsible for ensuring that cannabis products, advertisements, marketing, packaging, or labeling do not include images of any person or fictional character under 21. 

Review CCR section 15040(a)(2) for more information. 

Don’t use cartoons.

Licensees shall not include cartoons in any cannabis product, advertisement, marketing, packaging, or labeling.

Merriam-Webster Dictionary defines a cartoon as a simplified or exaggerated illustration or sequence of images used for humor, satire, storytelling, or animation.

Review CCR section 15040(a)(3)(A) and the definition of cartoon in the Merriam-Webster Dictionary for more information.

Don’t use any likeness to images, characters, or phrases popularly used to advertise to children.

Cannabis products, advertisements, marketing, packaging, or labeling must not resemble, use, or mimic characters, images, or phrases commonly associated with children’s products or entertainment.

This includes references to: 

• Video games  
• Toys and children’s play items 
• Television shows, movies, books, music, and other media popular with audiences under the age of 21 

Review CCR section 15040(a)(3)(B) for more information.

Don’t use terms such as candy, candies or variants in spelling such as kandy, or kandeez.

Cannabis packaging, labeling, advertising, and marketing must not use the terms candy, candies, or any variation like kandy, or kandeez.

Review CCR section 15040(a)(3)(D) for more information.

Don’t imitate candy packaging or labeling.

Cannabis and cannabis products must not use packaging or labeling that imitates candy, including designs, logos, or branding that resemble popular candy products.

These requirements help to prevent accidental consumption, especially among children by ensuring cannabis products are not confused with snacks, beverages, candy, candy bars, and other candy-like items.  

Review CCR section 15040(a)(3)(C) for more information.

Don’t imitate packaging for products typically marketed to children.

Cannabis packaging must not imitate packaging used for products typically marketed to children. This includes avoiding designs, colors, shapes, or branding that resemble any item typically marketed to people under the age of 21, including but not limited to popular children’s and adolescent cartoons, toys, and media marketing lines.

Review CCR section 17411(a)(4) for more information.

Don’t design, package, or label cannabis products in a way that can be confused with regular foods.

Cannabis edibles that may be confused with non-cannabis food products create the highest risk of accidental ingestion and hospitalization, particularly by young children.

Review BPC section 26130 and CCR section 17300(l) for more information.

Don’t use a picture of the edible product on packages or labels.

If the cannabis product is edible, the packaging and labeling of that product must not include any likeness or picture of the edible.

Review CCR section 17408(a)(4) for more information.

Don’t manufacture products in prohibited shapes.

Cannabis products cannot be made in or imprinted with shapes that resemble human beings, animals, insects, or fruits. This applies to both realistic shapes and cartoon-like designs.  

Review CCR section 17300(m) for more information.

Contact us

Email questions to info@cannabis.ca.gov or call 1-844-61-CA-DCC.

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