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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

Do marijuana-infused products have packaging limitations?

Marijuana businesses are fairly new in Michigan. As such, regulations are constantly changing and lawmakers are often introducing new ones. It is your responsibility as a business owner to stay on top of the laws pertaining to your business.

When it comes to selling marijuana-infused products, you need to ensure you package them correctly. The Michigan Cannabis Industry Association explains the law says you cannot package them so they appeal to children.

The law

The Michigan Marijuana Regulatory Agency set rules in place about packaging for marijuana edibles to help prevent confusion and improper use. Because the products look like a non-marijuana counterpart, the law requires that you do not package them in a way that confuses children.

The details

When it comes to packaging, it is not just about the overall look. You also cannot use wording that is similar to non-marijuana products without making it clear the product contains marijuana. For example, you cannot use descriptions of what the product contains, such as peanut butter or chocolate, without also modifying those words with indicators there is marijuana, cannabis or THC.

The reason

The reason behind the packaging rules is simple. Children can get ahold of these products and consume them unaware they are ingesting a drug. It can lead to medical issues.

The fix

You should change any packaging that does not meet the criteria. You can also place stickers on the packaging to cover up any non-compliance. If you do not change packaging, regulators will remove the products from the shelves and not allow you to sell them.