Cannabis Packaging Requirements: Montana

As the legalization of cannabis continues to sweep across the United States, it's important to understand the regulations surrounding its packaging and labeling. In Montana, where medical marijuana has been legal since 2004 and recreational use was legalized in 2020, there are strict requirements in place for how cannabis products must be packaged and labeled.

These regulations are in place to ensure that consumers are fully informed about the products they are purchasing, and to prevent accidental ingestion by children or pets. In this blog, we'll take a closer look at the requirements for cannabis packaging and labeling in Montana and what they mean for businesses and consumers alike.

History of Cannabis Legislation in Montana

The history of cannabis legislation in Montana dates back to the 19th century when the state first imposed restrictions on the use of the drug. In 1929, Montana became one of the first states in the country to criminalize the possession and sale of marijuana, with penalties ranging from fines to imprisonment. The state's harsh anti-cannabis laws remained in place until the 2000s when Montana joined the growing number of states that legalized medical marijuana.

In 2004, voters approved the Montana Medical Marijuana Act, which allowed patients with certain medical conditions to use and possess marijuana. However, the law was controversial, and the state legislature attempted to repeal it several times. In 2020, Montana voters passed a ballot initiative legalizing recreational marijuana, and the state is now in the process of implementing regulations for the industry. Overall, Montana's cannabis legislation has undergone significant changes over the past century, reflecting the shifting attitudes towards marijuana use in society.

Who Regulates Cannabis Packaging in Montana?

The Montana Department of Revenue’s Cannabis Control Division is responsible for regulating the production, sale, and use of cannabis products in the state. This division oversees the licensing of cannabis businesses, enforces state regulations, and ensures that businesses are complying with all applicable laws and regulations.

The Cannabis Control Division is responsible for developing and implementing rules and guidelines related to the cultivation, testing, processing, packaging, and labeling of cannabis products in Montana. The division also conducts inspections and investigations of cannabis businesses to ensure compliance with these regulations, and has the authority to impose fines, suspend licenses, or take other enforcement actions against businesses that violate state laws.

Packaging Requirements

The most recent cannabis packaging regulations in Montana were established following the legalization of recreational cannabis in November 2020. These regulations were developed by the Department of Revenue's Cannabis Control Division, or CCD, and went into effect on January 1, 2022. Some of the key packaging regulations for recreational cannabis products in Montana include:

• All packaging of marijuana and marijuana products must safeguard the product from contamination and should not introduce any harmful or toxic substance to the marijuana or marijuana product.
• Packaging containing multiple servings should be resealable.
• Packaging should not be designed primarily to appeal to children. Examples of packaging that primarily appeal to children include those that feature depictions of children, objects, images, celebrities, or cartoon figures that are commonly used to market products to children, or any packaging that has a special attractiveness for children beyond what is attractive for adults.
• Packaging should not resemble the trademarked or characteristic packaging of any commercially available product, such as candy, snacks, baked goods, or beverages, in a way that may mislead or confuse consumers.
• If a package of a drinkable marijuana product contains multiple servings, it is required to include a device or mechanism that enables the measurement of a single serving of the product.

The CCD also requires all cannabis products to be placed into an exit bag at the point of sale. Requirements for exit bags are as follows:

• Exit bag packaging must be opaque
• Bags must be child resistant
• All exit bags must contain the following warning labels:

         (1) "WARNING: Consumption of marijuana may cause anxiety, agitation, paranoia, psychosis, and cannabinoid hyperemesis."

         (2) "WARNING: Consumption of marijuana by pregnant women may result in fetal injury and low birth weight."

         (3) "WARNING: Consumption of marijuana by nursing mothers may result in infant hyperactivity and poor cognitive function."

All of the packaging requirements put forth by the Cannabis Control division are meant to keep cannabis products out of the hands of children, while also keeping the intended user safe as well.

Labeling Requirements

In Montana, there are specific labeling requirements for cannabis products that are designed to provide consumers with important information about the product they are purchasing. Here are some of the key labeling requirements:

• Product name: Each cannabis product must have a specific name that accurately describes the product.

• Product weight and quantity: The package must display the weight and quantity of the product in both metric and imperial units.

• Ingredients and additives: The packaging must list all ingredients and additives used in the product.

• THC content: The packaging must indicate the THC content of the product.

• CBD content: If the product contains CBD, the packaging must indicate the CBD content as well.

• Health and safety warnings: The packaging must display warning labels that indicate the potential health risks associated with cannabis use, such as the risks of driving under the influence or consuming too much cannabis.

• Batch or lot number: Each package must have a unique batch or lot number that allows the product to be traced back to its origin.

• Date of manufacture: The packaging must display the date the product was manufactured.

• Dispensary or producer information: The package must display the name and address of the dispensary or producer that manufactured the product.

These labeling requirements are designed to ensure that consumers have access to accurate and reliable information about the cannabis products they are purchasing. The Department of Revenue's Cannabis Control Division is responsible for enforcing these labeling requirements, and cannabis businesses in Montana must comply with all applicable laws and regulations to maintain their licenses.

Cannabis Operators in Montana

In conclusion, the state of Montana has established clear packaging and labeling requirements for cannabis products to ensure that consumers have access to accurate and reliable information about the products they are purchasing. It is crucial for cannabis operators in Montana to familiarize themselves with these requirements and ensure that their products meet all the necessary standards. 

Failure to comply with these regulations can result in penalties and jeopardize the operator's license to operate. By following the packaging and labeling requirements, cannabis operators can promote safety and transparency in the industry, build trust with their customers, and contribute to the growth of a thriving and responsible cannabis market in Montana.

Operators looking for state compliant packaging can speak to the experts at S10 Labs to discuss their options. S10 offers customizable packaging that will always meet the rules and regulations of your businesses respective state of operation.