How to Fix Non-compliant Michigan Cannabis Product Packaging
By Krissy Atterholt
Oct 28, 2022
Complying with Michigan's marijuana packaging and labeling requirements can be challenging to navigate if you don't pay close attention to the rules. Common packaging missteps include products shaped and labeled in a way that appeals to minors—including products associated with cartoons, caricatures, toys, designs shapes that appeal to minors—missing modifiers, and products that are easily confused with commercially sold products, like candy. If a product's packaging is not in compliance with Michigan law, some potential remedies are available to bring the product back into compliance.
Packaging & Labeling Remedies Available to Michigan Cannabis Producers
Producers have the following options to modify their product into compliance:
Repackage the products into new, compliant packaging
Put non-transparent stickers on the package to clearly label the product with the appropriate modifier including "marijuana [product]", "THC [product]", or "cannabis [product]"
The font used for the modifier must be the same size or larger than the font used for the product name
Place non-transparent stickers on the non-compliant portions of the packaging for marijuana-infused products
Destroy the non-compliant product
Packaging & Labeling Remedies Available to Michigan Cannabis Retailers
Like producers, adult-use retailers have the following options to modify their products for packaging and labeling compliance:
Place non-transparent stickers to label the products with the appropriate modifier using a font the same size or larger than the font used for the product name
Place non-transparent stickers on non-compliant portions
Voluntarily destroy the product
One major difference is that retailers cannot repackage the products into new, compliant packaging. A processor must do this. Adult-use retailers can compliantly send their cannabis products back to processors via secure transporter to be repackaged.
Packaging & Labeling Remedies Available to Michigan Marijuana Provisioning Centers
Provisioning centers have additional restrictions on their modification abilities. The Medical Marijuana Facilities Licensing Acts prohibits provisioning centers from transferring any marijuana products back to processors in the supply chain, and therefore are left with the following remedial options:
Placing non-transparent stickers to label the products with the appropriate modifier using a font the same size or larger than the font used for the product name
Putting non-transparent stickers on the non-compliant portions
Voluntarily destroying the product
NOTE: Not all product packaging can be modified to create compliant packaging. A product that is easily confused with commercially sold candy is an example of product packaging that cannot be corrected by stickers alone.
Read this article for more insight into Michigan packaging and labeling rules.
VS aims to help your Michigan cannabis business survive and thrive in this highly complex regulatory environment. We can review your proposed logos, labels, and packaging and provide actionable guidance to revise them before heading to the printer. View our full suite of compliance services to find out what Vicente Sederberg LLP can do to help protect your interests.