How New York Dispensaries Must Verify Cannabis Packaging and Label Compliance

What This Page Covers

This page explains:

• What packaging must include
• What labeling must display
• How to verify THC and serving size accuracy
• What design elements are prohibited
• How packaging is treated as advertising
• What OCM inspectors check
• Common retailer violations

Packaging Rules Retailers Must Confirm

Before shelving a product, confirm:

• Child-resistant packaging where required
• Reclosable design for multi-use products
• Tamper-evident seal
• Opaque packaging for all edibles
• New York universal cannabis symbol
• Required OCM health warnings exactly as written
• No youth-appealing imagery or themes

Packaging must be intact and match the processor’s approved design.

Retailers may not repackage, re-sticker, or alter products.

Labeling Rules Retailers Must Verify

Every product must display:

• Product name and form
• Total THC per package
• THC per serving
• Total CBD if applicable
• Number of servings
• Ingredient list including allergens
• Net weight or volume
• Required warnings
• Batch or lot number
• Processor license number
• Distributor license number
• Testing laboratory name and permit number
• Manufacture and expiration dates if required

If any required element is missing or inaccurate, the product must be quarantined.

THC, Serving Size, and COA Matching

Retailers must confirm:

• THC per serving matches the Certificate of Analysis
• THC per package matches the Certificate of Analysis
• Serving sizes comply with OCM limits
• No misleading potency language appears

If the label does not match the laboratory result, the product cannot remain on sale.

Child-Resistance and Opaque Packaging

Confirm child-resistant functionality for:

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

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

If packaging fails child-resistance testing, remove it immediately.

Prohibited Packaging and Label Content

Packaging may not include:

• Cartoons or mascots
• Candy-style imagery
• Neon or youth-oriented design
• Medical or therapeutic claims
• Anxiety or mood claims
• Imitation of non-cannabis brands
• Images of consumption

Packaging is legally treated as advertising under New York law.

How Retailers Should Verify Compliance

Before placing inventory on shelves:

1. Compare THC values on the label to the COA
2. Confirm required warnings and symbols are present
3. Verify processor and distributor license numbers
4. Check for youth-appealing imagery
5. Confirm child-resistant functionality
6. Ensure the COA is accessible at point of sale

If uncertain, quarantine the product.

What OCM Checks During Inspection

Inspectors may:

• Pull products from shelves
• Compare labels to COAs
• Check THC accuracy
• Review warning placement
• Test child-resistant packaging
• Confirm edibles are opaque
• Request COAs at the register

Even one noncompliant product can trigger enforcement.

Common Retail Violations

Retailers are frequently cited for:

• Missing THC per serving
• Label values not matching COAs
• Candy-like or youth-appealing packaging
• Missing license numbers
• Incorrect warnings
• Missing universal cannabis symbol
• Repackaging products
• Missing COAs during inspection

Retailers are responsible even if the processor made the error.

Why This Matters

Packaging violations are treated as public safety failures.

Consequences can include:

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

Clean, compliant shelves protect your license.

Go Here Next

• Waste, Returns, Recall, and Destruction Rules
• Sales Operations (ID Check, POS, Limits)
• Inventory Management and METRC
• Packaging and Labeling Guidance
• SOPs and Operations

Source Material

• MRTA ‍Sections 81, 85, and 86 ‍
• Revised Adult- Use Regulations (Packaging and Labeling)