A Guide to Oregon Marijuana Laws for Product Packaging in 2018

Oregon legalized the recreational use of marijuana back in 2014 but the Oregon marijuana laws are still being updated regularly to better suit an industry in constant flux. The Oregon marijuana rules for packaging stipulated below have been updated as recently as March 2018 and offer you a great starting point to get familiar with the intricate guidelines without getting bogged down by legal language. While this guide is ideal for an overview, it always pays to doublecheck with the official Oregon marijuana guidelines for packaging and labeling prior to making any solid decisions on how to proceed with the packaging of your cannabis product.

What Kind of Container Can You Use for Oregon Marijuana Packaging?

When selecting the right container for your product, you should do a thorough read-through of all the stipulations stated in OAR 845-025-7000 through 845-025-7060 to find the answers that best suit your specific scenario. However, there are two universal guidelines you should note before you take care of your homework.

• Cannabis containers need to safeguard your product from contamination.
• The container itself cannot pass on any toxic substances to the product it is housing.

Once you’ve got your packaging picked out, you’ll need to run through the Oregon Liquor Control Commission (OLCC) pre-approval process before actually attempting the sale of your product. Wholesalers and retailers alike are held responsible for reporting any perceived violations of the Oregon marijuana packaging rules. There is a detailed tracking system in place for such a scenario. If you discover packaging that does not adhere to the compliance guidelines, make sure to review Oregon’s specific guidelines for reporting and returning these items properly.

The Importance of Child Resistant Packaging

Child resistant packaging is just as vital to the success of Oregon marijuana laws as it is in any of the other cannabis legal states. A third party testing facility will be responsible for certifying new packaging as child resistant. To meet the Oregon marijuana stipulations for child resistant packaging, your product must:

• Be placed in a child resistant container or, prior to sale, placed into exit packaging that can be resealed to be child resistant.
• Be placed into child resistant exit packaging that can also be resealed as child resistant if the product is in excess of 15mg of THC or is considered a concentrate or extract. (NOTE: Per OAR 333-007-0090(10), Oregon marijuana laws allow a variance of plus or minus 10% of lab reported findings when accounting for the amount of THC or CBD in a product. The potency listed on your label should be the average of the tested samples. If a target THC/CBD amount is stated on the principal display panel, the actual THC/CBD results as determined by the laboratory must also appear on the packaging.)

Whether you can rely on single-use child resistant packaging or require multiple use resealable child resistant packaging depends on the type of cannabis product you’re selling so be sure to carefully research the Oregon marijuana packaging requirements for your specific product type. If you’re simply selling cannabis seeds or immature plants, they do not need to be placed in child resistant packaging. In the event that you’re working in a dispensary that sells a product that is not in child resistant packaging, you can simply place the product in resealable child resistant exit packaging prior to sale to satisfy Oregon marijuana laws. Any exit packaging is required to present a label that reads “Keep out of the reach of children.” Cannabis containers that are not child resistant must include the statement: “This package is not child resistant.”

Oregon Marijuana Label Determination

Both your product’s cannabis container and any outer container are required to feature specific marijuana labels that will be determined by the product type as well as container size. Since there is such a wide variety of product types, you should start by consulting OAR 333-007-0010 through 333- 007-0100 to determine which type of marijuana stickers you need. If your product satisfies the description of two separate product types, then the required information for both types of products must feature on your label.

Smaller Container Types

Smaller container types are often permitted the use of smaller labels but they must still adhere to the Oregon marijuana laws as follows:

• Required label information must be a minimum 1/16 of an inch in height in a clear, legible font style.
• Though other languages are permitted, the information is required to appear in English.
• All information must be clearly visible.

For containers that are deemed too small to accommodate all of the required information, the following information must still appear on a clearly visible outer label:

• The principal display panel (with universal symbol, net weight/quantity and product identity – see details below).
• Trade name and license number of the licensee or registered business.
• UID number for licensees.
• Batch or process lot number for registrants.
• Potency/concentration of THC/CBD.
• Any stipulated warnings (this will be based on product type).
• For recreational cannabis, the warning: “For use only by adults 21 or older. Keep out of reach of children.”
• For medical cannabis, the warning: “For use by OMMP patients only. Keep out of reach of children.”

These small container permissions do not excuse you from clearly presenting the additional information required by Oregon state cannabis laws. Any additional information would need to be included on some form of outer packaging, container or on an accompanying leaflet or tag. If you choose to cover the additional information by including outer packaging, all of the required information that appears on the small container within must also appear on the outer container or packaging. Accordion or peel-back labels can be used as long as it is clear that they contain important information that the customer or patient should be consulting.

Guidelines for Oregon Marijuana Labels

Oregon marijuana labels must include the following:

• The producer’s trade or business name and license number.
• If different from the producer, the trade or business name.
• UID Number.
• Harvest date.
• Strain name.
• Net weight (in grams or ounces).
• Weight of cannabis used in product as stated in grams (this would be for pre roll cannabis).
• Concentration of THC and CBD.
• Name of lab performing testing.
• Lab test analysis date.
• The Oregon universal symbol (or hemp symbol) measuring a minimum of 0.48 inches by 0.35 inches.
• Product identity.
• The warning statements “For use only by adults 21 and older. Keep out of reach of children.” And “Do not drive a motor vehicle while under the influence of marijuana.”

Again, all required information must be no smaller than 1/16 of an inch and can only utilize fonts that are easy to read. Multiple labels can be attached to packaging as long as they are clearly visible. You can even print the required information directly onto the packaging as long as it follows all of the above stated guidelines. Oregon cannabis labeling cannot:

• Appear attractive to minors (ie. use cartoon characters, emulate brands that appeal to children, use words and phrases that could be deemed enticing to children). This includes using strain names that may be deemed attractive to children or using shapes, flavors or designs that could easily be marketed to children.
• Include any false or misleading statements or information.
• Promote the movement of cannabis products across state borders.
• Make any claims that the use of cannabis is endorsed by any government agencies or deemed safe by any government entities due to government regulation of cannabis products.
• Claim that recreational cannabis provides any health benefits or healing/therapeutic properties.
• Promote the use of cannabis as a means of intoxication.
• Spur on excessive or rapid use of marijuana products.
• Illustrate the use of cannabis products.

What Does the Principal Display Panel Require?

In most cases, the principal display panel will be the most prominently displayed area on your packaging. The majority of cannabis product types will require the following information to be presented on the principal display panel:

• The universal symbol (see picture at right). NOTE: Industrial hemp products may substitute the hemp symbol.
• The net weight/quantity.
• The identity of the product.
• The medical grade symbol (but only if the product fits Oregon medical marijuana requirements) measuring at least 0.35 inches in diameter.

Getting to Know Oregon Marijuana Label Information

The Universal Symbol

The universal symbol for Oregon is required to measure a minimum of 0.48 inches wide and 0.35 inches tall. The colors must remain black, white and red and the design must precisely fit the example above. If the package contains an industrial hemp product, the authorized hemp symbol can be substituted.

Net Weight/Quantity

In most cases, the net weight of your product will be displayed running parallel to your container’s base in the lower 30% of the principal display panel (the exception being cannabis plants). The net weight must be expressed in U.S. Customary Units (ounces for solid products, fluid ounces for liquid products) and International System of Units (grams or milligrams for solid products, milliliters for liquid products). Units should be expressed in numbers no less than 1 unit and no greater than 1000 units of measurement. Decimals should be rounded so as not to exceed 3 places. Mixing units of measurement to state the net weight is prohibited. The net quantity will take into account the average net quantity of all of the packages in a single batch. Though it appears on the principal panel, this net weight/quantity area must be kept separated from other print by a space equal to the height of the font used in this section. Information in this area should appear in bold font.

Product Identity

It can be easy to confuse the product identity with a brand name but it is literally a descriptor of the product. For a non-cannabis-specific example, Starbucks is a brand whereas coffee is a product identity. It is vital to not confuse concentrates with extracts and vice versa when stating a product identity on your packaging. The product identity must be presented in a bold font with reasonable relation to the most prominent text on the principal display panel. This area must also clearly state whether the product was derived from marijuana or hemp. If an item is derived from both, it will be designated a marijuana item.

Universal Product Code

In some circumstances, the OLCC may provide you with a universal product code designed for retail sale. If such a number is provided to you by the OLCC, it must be prominently displayed on the exterior of your product’s container.

UID Number

The UID number (a.k.a. the 24-digit Metrc tag number) is required to appear on all licensees’ products. This number is not to be confused with the test batch number.

Test Batch Number

When a lab tests a registrant’s product, it generates a test batch number that you will need to include on Oregon marijuana labels. Consult your lab test report to find your product’s test batch number. This number will not have a set number of digits since the format will vary between labs.

Oregon Medical Marijuana Has Its Own Label

If your product exceeds the Oregon state limit for recreational cannabis, it must be sold as medical marijuana. This requires that you include an Oregon medical marijuana symbol, often referred to as the medical grade symbol, which is limited to use by those with an OLCC license. If you are selling a medical marijuana product, the medical grade symbol is required to be prominently featured on the principal display panel at a size no smaller than 0.35 inches in diameter. Oregon medical marijuana products must also display the statement “For use by OMMP patients only” as a substitute for the standard recreational warning “For use only by adults 21 and older.” In addition, Oregon medical marijuana products must include a registrant number as opposed to the OLCC license number. Lab information is also required including the name of the testing lab, the associated test batch number and the results of any lab findings provided.

How to State Activation Time

Oregon state marijuana laws give you a lot of creative leeway when it comes to how you represent activation time on your cannabis packaging. While you can simply write out the approximate time it takes for your product to take effect, many companies are opting instead to include a pictogram. Some consumers feel a pictogram more efficiently communicates the information. It can also be argued that, if done well, a pictogram is more visually appealing than simply adding more text to your packaging.

Vape Cartridges Require the Universal Symbol

As long as a vape cartridge includes a concentrate, extract or other cannabis-based product, it must be labeled in some way with the Oregon universal symbol (or hemp symbol) with the standard measurement of 0.48 inches by 0.35 inches. Some companies opt to print the symbol directly onto the vape cart while others may choose to include the universal symbol as a label applied to the vaporizer cartridge. You are not required to include a small container label with your vape cartridges.

Labeling Cannabis Plants and Seeds

While a cannabis plant that has yet to reach maturity is not subject to the same packaging requirements as other Oregon marijuana products, immature plants must still include a label with the following information:

• The business or trade name and license number of the producer.
• If different from the producer, the business or trade name.
• Strain name.
• Product identity.
• UID number.
• Universal symbol.

Cannabis seeds are slightly different, requiring a label that clearly provides the following details:

• The business or trade name and license number of the producer.
• If different from the producer, the business or trade name.
• Strain name.
• Harvest date.
• Quantity of seeds or net weight listed in both grams and ounces.
• Product identity.
• UID number.
• Universal symbol.

Labeling Marijuana Edibles

Oregon marijuana edibles have their own separate requirements for proper labeling. Your cannabis edibles packaging must include the following information:

• The business or trade name, address and license number of the producer.
• If different from the producer, the business or trade name and address of the licensee that packaged the edible.
• Product identity.
• UID number.
• Date the edible was created.
• Net weight/volume expressed in both U.S. customary and International System of Units.
• Serving size as well as servings per container. If the product only has 1 serving, this must still be clearly stated.
• Amount of THC/CBD stated in milligrams in total and per serving.
• All ingredients listed off in descending order as determined by weight or volume used in processing. This would appear on the informational panel. If a common ingredient contains sub-ingredients, they must be listed in parenthesis following the main ingredient in descending order of content. Ingredients used in the preparation of the product (ie. cooking spray) would also need to be listed. The specific type of marijuana or industrial hemp used in the making of the product would need to be clearly stated in this section.
• Amounts of sodium, added sugar, carbohydrates, calories, protein, cholesterol and total fat per serving as stated in grams or milligrams. Amounts of zero must still be listed on the label. (This would appear on the informational panel).
• Statements about preservation if the edible warrants it (ie. information on whether an edible must be refrigerated or frozen).
• Any potential food allergens.
• Name of lab performing testing and analysis.
• Activation time.
• Universal symbol.
• Statement reading: “This product is not approved by the FDA to treat, cure, or prevent any disease.”
• Retail cannabinoid edibles must include the warning statements: “For use only by adults 21 and older. Keep out of reach of children.”, “Do not drive a motor vehicle while under the influence of marijuana.” and, in capital letters with bold font “BE CAUTIOUS” followed by the statement “Cannabinoid edibles can take up to 2 hours or more to take effect.”
• For medical cannabis edibles, the medical grade symbol must be presented and accompanied by the warnings: “For use by OMMP patients only. Keep out of reach of children.”, “Do not drive a motor vehicle while under the influence of marijuana.” and, in bold, capital letters “BE CAUTIOUS” followed by the statement “Cannabinoid edibles can take up to 2 hours or more to take effect.”
• All cannabis beverages eligible for a refund as stipulated by ORS 459A.702 must include “OR 10¢”.

Though inclusions of the term “gluten-free” are strictly voluntary, use of the term must be truthful or risk violating Oregon marijuana regulations forbidding false claims on packaging.

Labeling for Various Other Cannabis Products

Each type of Oregon cannabis product tends to have its own combination of regulations when it comes to the type of information that needs to appear on their packaging labels. As a baseline, you can expect to include the following no matter if your product is a topical, concentrate, extract, tincture or other cannabis-based product:

• UID number.
• Product identity.
• Date of production.
• Net weight/volume expressed in both U.S. customary and International System of Units.
• Name of lab performing testing and analysis.
• Universal symbol (or hemp symbol if applicable).
• Statement reading: “This product is not approved by the FDA to treat, cure, or prevent any disease.”

Cannabinoid topicals as well as concentrates and extracts will also need to include:

• The business or trade name and license number of the producer.
• If different from the producer, the business or trade name.

Cannabinoid topicals, tinctures and other similar products must include:

• Ingredients used in manufacture and processing of the product, listed in descending order by weight or volume.

Cannabinoid concentrates, extracts, tinctures and other similar products must include:

• Serving size as well as servings per container.
• THC and CBD in each serving and container as a whole, stated in milligrams.
• Activation time.

Cannabinoid concentrates, extracts and other similar products must include:

• Warning statements reading: “For use only by adults 21 and older. Keep out of reach of children.”, “Do not drive a motor vehicle while under the influence of marijuana.” and, in capital letters with bold font “DO NOT EAT”.
• For medical products that fit this product type, the statements: “For use by OMMP patients only. Keep out of reach of children.”, “Do not drive a motor vehicle while under the influence of marijuana.” and, in capital letters with bold font “DO NOT EAT”.

Cannabinoid tinctures and other similar products must include:

• The business or trade name, address and license number of the producer.
• If different from the producer, the business or trade name and address of the licensee that packaged the edible.

Cannabinoid topicals must also include:

• Dosage suggestion.
• Concentration of THC/CBD in the container stated as a percentage.
• The warning statements: “For use only by adults 21 and older. Keep out of reach of children.” and, in capital letters with bold font “DO NOT EAT”.

Cannabinoid tinctures must also include the following warning statements:

• For retail cannabinoid tinctures and capsules: “For use only by adults 21 and older. Keep out of reach of children.”, “Do not drive a motor vehicle while under the influence of marijuana.” and, in capital letters with bold font “BE CAUTIOUS” followed by the statement “Cannabinoid products can take up to 2 hours or more to take effect.”
• For medical grade cannabinoid topicals and capsules: “For use by OMMP patients only. Keep out of reach of children.”, “It is illegal to drive a motor vehicle while under the influence of marijuana.” and, in capital letters with bold font “BE CAUTIOUS” followed by the statement “Cannabinoid products can take up to 2 hours or more to take effect.”

Like its fellow cannabis legal states, Oregon takes its marijuana regulations very seriously so it pays to familiarize yourself with the actual government-issued guidelines and follow them to the t. There are other points with which you may wish to familiarize yourself such as regulations for industrial hemp products or the pre-approval process for Oregon cannabis packaging. All of that information is provided in great detail at the official Oregon state government site.