New York Cannabis Packaging and Labeling Requirements for Dispensaries

Packaging Requirements

All cannabis products must meet baseline packaging standards.

Required packaging elements:

• Child-resistant packaging where applicable
• Reclosable design for multi-use products
• Tamper-evident seal or indicator
• Opaque packaging for all edibles
• New York State universal cannabis symbol
• Required health warnings exactly as issued by OCM

Packaging must not appeal to minors.

Retailers may not open, repackage, re-sticker, or alter manufacturer packaging. Products must match the processor’s approved design.

Required Labeling Elements

Each product must display clear and complete labeling information.

Required label content:

• Product name and product form
• Total THC per package
• THC per serving
• Total CBD, if applicable
• Number of servings
• Ingredient list, including allergens
• Net weight or volume
• Required health warnings
• Batch or lot number
• Processor name and license number
• Distributor name and license number
• Testing laboratory name and permit number
• Manufacture date
• Expiration or use-by date, if applicable
• Storage instructions

If any required element is missing or incorrect, the product is noncompliant.

THC, Serving Size, and Potency Rules

OCM enforces strict accuracy standards.

THC per serving must be accurate.
THC per package must be accurate.
Serving sizes must comply with OCM limits.
Label potency must match the Certificate of Analysis.

If the label does not match the laboratory result, the product must be quarantined and removed from sale.

Misleading potency language is prohibited.

Child-Resistant Standards

Child-resistant packaging is mandatory for:

• Edibles
• Vape cartridges
• Tinctures
• Concentrates
• Multi-use cannabis products

Multi-use packaging must be reclosable.
Edibles must be opaque.

Retailers may not test, open, or modify packaging.

If child-resistant features fail, the product must be removed immediately.

Prohibited Packaging and Label Content

Packaging and labels may not include:

• Cartoons, mascots, animals, or characters
• Candy-like or youth-oriented imagery
• Imitation of non-cannabis food brands
• Neon or child-appealing designs
• Medical or therapeutic claims
• Claims about anxiety, stress, or mood benefits
• Misleading safety or effect statements
• Images of consumption

Packaging is treated as advertising under New York law.

Violations are enforced as both packaging and advertising failures.

Retailer vs Processor Responsibilities

Processors must:

• Use compliant packaging
• Include all required label elements
• Provide accurate Certificates of Analysis
• Register products when required

Retailers must:

• Review packaging before shelving
• Confirm THC values match the CoA
• Reject noncompliant products
• Make CoAs available to customers
• Remove products immediately if issues are discovered

OCM holds retailers responsible for what is sold on their floor.

Inspection Expectations

During inspections, OCM may:

• Pull random products from shelves
• Compare labels to CoAs
• Confirm THC values
• Check warning placement
• Review design for youth appeal
• Test child-resistant functionality
• Verify edibles are opaque
• Request CoAs at the register

Multiple packaging failures can trigger fines, quarantine, or product destruction.

Common Retail Violations

Retailers are frequently cited for:

• Missing THC per serving
• Labels that do not match CoAs
• Candy-like or youth-appealing packaging
• Missing license numbers
• Incorrect or missing warnings
• Wrong or missing universal cannabis symbol
• Non-child-resistant packaging
• Repackaging or re-stickering
• Missing CoAs during inspection

Each unit on the shelf is your responsibility.

Why This Matters

Packaging violations can lead to:

• Product quarantine
• Forced product destruction
• Fines
• Failed inspections
• Increased regulatory scrutiny
• Delays opening additional locations

If it is on your shelf, you are accountable for it.

Go Here Next

• Inventory Management and METRC
• Sales Operations (ID Checks and POS)
• Waste, Returns, Recall, and Destruction
• Regulatory Amendments & Legal Changes

Source Material

• Part 128 and 129 Packaging and Labeling
• MRTA Sections 81, 85, 86