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How Cannabis Packaging Regulations Differ for Medical vs. Recreational Markets

by Freddy Castillo 07 Dec 2024

Most brands in the EcoAlly community have committed to sustainability and eco-friendly packaging driven by their internal values and personal convictions.

However, more and more, brands  whether they have chosen to prioritize sustainability or not  are working through questions around extended producer responsibility (EPR) and packaging requirements set forth by municipalities, states, countries, and retail partners.

The packaging requirements set forth by officials often protect human health or support specific ecological goals such as maximizing recyclability and minimizing plastic pollution.

This ever-changing landscape of packaging legislation and requirements can be challenging.Things evolve quickly, and brands must interpret how the specific complicated language within bills applies to their packaging and operations.

This is particularly complicated for online retailers that ship across state lines. Also, there are still major outstanding questions about how emerging holistic legislation like Extended Producer Responsibility will take shape.

Violating explicit packaging legislation can leave you with fines or citations. Going against sustainability guidelines put forth by the Federal Trade Commission can make your brand less appealing and lead consumers and advocacy groups to take action by publicly holding brands accountable or through lawsuits.

When you understand how current packaging requirements affect your business, you can prevent problems before they begin and avoid unnecessary headaches.

That said, simply adhering to legislation typically does not go far enough regarding sustainability. When it exists, you need to follow it. But recognize that it is generally a baseline starting point, and these laws and requirements rarely push brands to make their packaging as circular and eco-friendly as possible.

For example, states or municipalities might ban single-use plastic retail bags. An eco-conscious store may inadvertently move their entire packaging line to 50% recycled paper bags instead of thinking they have successfully satisfied these new requirements and eliminated single-use plastic.

However, the packaging they moved to is likely to be significantly higher in carbon footprint and - if not sourced thoughtfully - could directly contribute to deforestation. A better strategy would be to discourage single-use bags altogether, provide (for sale) reusable totes to anyone who wants one, and offer up (for a small fee) a 100% recycled paper shopping bag when the customer needs one.

Recently, there has been a big boom in the cannabis industry as legalization grows across the United States and Canada. As with most medical products, packaging plays a huge role in ensuring quality and safety.

While marijuana packaging companies can help cultivators or distributors handle their packaging needs, it’s essential to understand the requirements of cannabis packaging to ensure you are compliant with laws while providing your customers with the best experience possible.

Many regulations must be followed for cannabis packaging, and these laws vary by state. However, to get a better understanding of what packaging requirements you should be meeting, we’ve compiled a checklist to help confirm you’re considering the basic requirements for cannabis packaging.

TAMPER EVIDENT 

When it comes to medical products, customers need to know if the packaging has been opened before use. According to the Food and Drug administration, tamper-evident packaging is defined as, “having one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred.” 

There are different ways to meet this qualification. Manufacturers can use an induction seal, glue seal, or shrink band to show that the package is tamper-proof. When labeling your product, it’s also necessary to include statements such as ‘Sealed for your protection’ or ‘Do not use if the seal is broken’ for your customers’ safety. 

CHILD RESISTANT

As with all medical products, it’s important to keep medical cannabis from being easily accessible to children. State laws require that all cannabis products be kept in child-resistant packaging (CRP in accordance with the Poison Prevention Packaging Act (PPPA, 16 CFR §1700.1). Generally, this means that packaging must be difficult for children under the age of to open. 

Packaging must go through testing to be certified as CRP. The most common types of CRP are bottles with a sealed metal crown bottle cap or plastic packages that are at least 4 mils thick and heat-sealed without easy-open flaps. 

RESEALABLE

Medical packing for cannabis needs to be resealable because the product is intended for multiple uses. The package has to be securely closed after each use. Some of the best ways to accomplish this are using a lid, pressure-sensitive adhesive closure, interlocking plastic strips, or screw top. Using resealable packaging also helps to reduce waste.

USE OPAQUE MATERIALS 

For edible cannabis products, the packaging must be transparent. Customers need to be able to see through the packaging to view the product. Amber bottles are considered opaque for this purpose. Clear bottles used for beverages can also be used to indicate serving sizes and may use a single, vertical, or clear strip for measurement. 

DEVELOPING PACKAGING FOR CANNABIS PRODUCTS

Overall, the goals of creating packaging for cannabis products are similar to most medical packaging: ensuring the safety of the product in transit and preventing young children from accidentally ingesting the medication. 

Cannabis products can be packaged by the cultivator, manufacturer, or distributor. Wherever packaging occurs, protecting the product from contamination and exposure to toxic or harmful substances is essential. Packaging can also contain multiple layers to ensure safety, quality, and meet all the requirements listed.

All parts of the packaging must be considered, including the glue that holds it together. If you are concerned about using an adhesive that’s safe for direct or indirect contact, working hand in hand with the glue manufacturer can help you. LD Davis has worked with various manufacturers to ensure the quality and safety of their products. Reach out to us to learn more about working with an adhesive expert for medical packaging purposes.

DEVELOPING PACKAGING FOR MEDICAL PRODUCTS AND DIFFERENCES 

The need for packaging in the medical and personal care market is constantly evolving. Packaging is incredibly important because it helps keep the products safe and sterile. All parts of the packaging from the materials used to the glue holding it together need to be considered to create a safe product. If proper planning does not occur ahead of time, flaws in medical packaging can cause delays and ruined items. Here are some of the design and validation processes that need to be considered to manufacture quality medical packaging. 

PACKAGING DESIGN

Medical devices are packaged in various ways, but the two most popular are pouches and trays. Depending on the nature of the product and the requirements of the company, one method of packaging may be better than the other. 

Pouches have a shorter lead time and are more cost-effective to make than trays. On the other hand, trays offer greater protection and are more pleasing to the eye. Both pouches and trays tend to consist of transparent polymers, foil, and Tyvek. Plastics are the most commonly used material and are more compatible with conventional sterilization methods. 

ADHESIVES

Secure packaging is a must in the medical and pharmaceutical industries. Adhesives need to be strong enough to keep the package sealed in transit and prevent tampering. However, the bond needs to allow medical staff and consumers to quickly and easily open the package without tearing. 

Many medical packaging manufacturers turn to hot melt or fugitive glue to keep products sealed. When selecting a glue, one needs to consider if the package will need to be resealed after use and how the adhesive interacts with the materials used in the packaging. 

STERILIZATION

Choosing the right type of material is important for sterilization as well. The most common methods for medical device sterilization are autoclave, gamma, electron beam, and ethylene oxide. Manufacturers need to choose materials that let the sterilant penetrate the packaging while also not breaking down or causing discoloration. 

Some sterilization methods also use gas or steam, so opting for a more porous material that lets the vapor penetrate is necessary for those applications. Manufacturers should always perform a trial run with their designs to be sure they can pass validation.

TESTING REQUIREMENTS 

Medical devices and packaging validation testing requirements are listed in ISO 11607. These focus on materials integrity, seal integrity, distribution testing, and packing aging. The validation process for sterile packaging consists of some of the points covered by ISO 11697, but some sterilization methods follow the ISO 11137

WORKING WITH PACKAGING AND ADHESIVE EXPERTS

Packaging is a critical part of any company; it’s part of your branding and ensures the product's safety. Since packaging involves a variety of design and testing aspects, you should start developing the packaging as soon as the product is in development. Working closely with packaging and adhesives experts can help you avoid costly mistakes, especially if the company is able to test substrates and adhesives in-house for you, which is one of the capabilities LD Davis can offer.

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