California Governor Signs Bill Restricting Marijuana Packaging That Is Attractive to Children

California Governor Gavin Newsom has signed AB 2249, a bill that more clearly defines marijuana packaging and labeling prohibited for appealing to people under 21. The law targets cartoons, mythological creatures, child-associated celebrities, and imitation of children's food products, with restrictions taking effect January 1, 2028.

California Governor Gavin Newsom has signed legislation that sets clearer, enforceable standards for cannabis packaging and labeling intended to protect children. The measure, AB 2249 from Assemblymember Jacqui Irwin, received final approval on Monday after passing the Assembly 69-1 and clearing the Senate 38-0.

The new law defines "attractive to children" as packaging designed or likely to appeal to people under age 21. Prohibited elements include cartoons, depictions of individuals who appear to be under 21, mythological creatures such as unicorns or dragons, and references to celebrities or characters primarily associated with children's entertainment.

The legislation also bars images of consumable goods primarily marketed to children, including candies, cereals, sweets, and desserts, as well as lettering styles resembling overinflated bubbles or balloons. Cannabis packaging and labeling must not imitate, mimic, or closely resemble the trade dress or overall appearance of a non-cannabis product primarily marketed to children.

While edible cannabis product or vape cartridge labeling cannot include cartoon or overly stylized depictions of fruit, the law clarifies that realistic depictions of fruit used to identify or accurately depict product ingredients or production region are not prohibited. The packaging and labeling restrictions take effect on January 1, 2028.

The Department of Cannabis Control is directed to adopt regulations addressing additional packaging and labeling design elements that pose heightened risk to children. The department will also develop compliance assessment resources to help cannabis businesses self-evaluate whether their packaging and labeling are attractive to children.

Assemblymember Irwin said a state audit confirmed that California's cannabis industry continues to package and market products in ways that are overtly attractive to children. She noted that child cannabis poisonings have increased dramatically since the passage of Proposition 64, with exposures often driven by packaging features that lead children to consume products unintentionally.

The California Cannabis Industry Association opposed the bill, saying it would impose significant costs on licensed businesses that already keep cannabis away from children, undermine efforts to bring consumers into the regulated market, and fail to address safe at-home storage practices.