THCA packaging requirements and labeling standards

Cannabis and hemp markets alike are regulated at the local level, the major difference between the two being the federally legal status of THCA and hemp-based products. So, even though it is restricted in some locations, THCA can still be ordered and shipped across state lines.

But as if the regulatory compliance of hemp-sourced cannabinoids on a state-by-state basis wasn’t confusing enough, a similar context of ambiguity applies to packaging requirements for THCA and hemp products. Besides federal guidelines on food and drug packages, there’s a wide variety of individual state criteria that have to be taken into account depending on the area where you plan to operate.

Types of packaging requirements for THCA in the US

When it comes to regulations on packaging, labeling, and storing hemp or hemp-derived goods, many states have their own in addition to the federal rules. So, depending on the state statutes or local laws, your compliance blueprint is likely to be one of the following:

• Specific regulations for hemp or THCA products
• Local requirements for medical and recreational marijuana that also apply to THCA marketing, labeling, and packaging
• No regulations specific to hemp or marijuana packaging, but the state has its own Food, Drug, and Cosmetic Act that THCA and infused products fall under

Common stipulations include containers or other packages being child- and tamper-proof, properly labeled, and informative. These are further nuanced by the kind of product inside, which may call for opacity, food-grade material, and a certain type of lid or dosing cap.

In terms of functionality, US packaging standards usually refer to preventing odor, leakage, and damage to the product. Resealability may be mandatory for multiple-serving items, and for some products, each serving may be required to be individually wrapped or include a measurement component.

Packaging THCA requirements that vary by location

As local regulations on THCA products are continuously evolving, more jurisdictions are implementing stricter requirements for:

• Branding and advertising elements and terms
• Product and package design
• Serving size and allowed ingredients

While complicating distribution channels and design options for different markets, such restrictions are meant to protect the product, the consumer, and the business owner. Typically, they are aimed at contamination prevention, minimizing appeal to children, and informing people about potential health risks, side effects, or complications. That’s why most THCA packaging requirements include detailed labeling and usage instructions, 21+ and universal marijuana symbols, plus a range of health warnings.

Many states prohibit resemblance to commercial food or beverage products and the use of advertising elements that are reminiscent of food brands or might appeal to minors. Some have restrictions on the colors or shapes of your packaging and the terms or artwork that can be added to labels or slogans.

It’s not all rainbows and unicorns

Today, some states issue packaging guides for cannabis and hemp-derived items that ban bright or neon colors and container shapes, product designs, or images that bear any semblance to fruit, toys, animals, humans, or fantasy creatures. Others – such as Arkansas – do not allow the use of imagery or symbols related to comic books, video games, cartoons, or movie characters.

While it may seem bewildering, these are not the most extreme examples of restrictions listed among THCA packaging requirements. Some states require plain colors or white packages without any phrases or images (e.g., Florida and New Hampshire). Some prohibit including a picture of the edible product contained and any terms related to candy, juice, ice cream, pastry, or cakes.

Other states ban any information or statements that may promote the consumption of cannabis or suggest medical and dietary benefits. This includes using words such as  “relieve,” “cure,” “heal,” “for sleep,” “for pain,” or “dietary supplement.” 

Labeling requirements for THCA packaging

For labeling, stating the amount of THC in the product is a must. That said, label requirements also vary between states, so it is essential to check the local regulatory information. In most locations, it is necessary to list the detailed cannabinoid content and any other ingredients of the item. 

Your label may be required to display:

• THC, THCA, and CBD contents separately (per serving and per package)
• Other cannabinoids or terpenes present in significant amounts
• Any colors, natural or artificial flavors, preservatives, and potential allergens
• Nutrition facts (for edibles)
• The type of extraction and solvents or gases used (for concentrates or extracts)
• Other chemicals used or added (for concentrates, isolates, or extracts)
• Total weight/quantity, dosage, and serving size information

In addition to that, the labeling standards you may need to comply with are likely to cover:

• Product name, type or form, batch#, and man/exp date
• Manufacturer/distributor information
• Safety compliance facility information
• Intended consumption method and instructions for use
• Storage conditions
• Mandatory warnings

In many US states, a package may contain multiple labels. However, including a QR code is a space-saving idea, though it may not be a distinctive labeling and packaging requirement for THCA. It is a convenient and easily scannable way of product identification, legality assurance, and linking to your website for quality certificates or disclosing extra information that can be useful to customers. That said, a COA may be required to be directly provided through the QR code according to local regulations.

Ensuring compliance with every THCA packaging requirement

Whether your business is based on delivery service or retail locations, it is essential to find that subtle balance in packaging design to maintain product integrity and a consistent brand image in alignment with the current and evolving statutes and regulations.

It may seem like a problem with too many variables, especially for the one planning to market and ship across different states. But not to a seasoned industry pro! And certainly not to a team of experts with many years of experience perfecting hemp product and packaging design to navigate a range of regulatory nuances.

Contact MYLARMEN with any questions on creating labels and packaging with regard to the specific local requirements of the states where you operate or hope to operate.