Collin Johnson
California is moving to tighten the rules on cannabis packaging that appeals to children, and the bill is now one signature away from becoming law.
State lawmakers passed AB 2249 this week and sent it to Gov. Gavin Newsom's desk. The vote wasn't close. The Assembly approved it 69 to 1 on Thursday, a day after the Senate cleared it 38 to 0. Newsom can now sign it, veto it, or let it become law without his signature.
The measure, sponsored by Assembly Member Jacqui Irwin, spells out in much clearer terms what counts as packaging that's "attractive to children." Under the bill, that means any design likely to appeal to someone under 21.
The list of red flags is specific. It covers cartoons, images of people who look under 21, and mythological creatures like unicorns or dragons. It flags references to celebrities or characters tied to kids' entertainment. It bans imagery that mimics candy, cereal, sweets, and desserts. And it targets those puffy fonts made to look like "overinflated bubbles or balloons," the kind you'd see on a cereal box. In short, cannabis packaging can't imitate or closely resemble the look of a non-cannabis product aimed at children.
The bill does leave room for common sense in one spot. Edible and vape labels can't use cartoonish or overly stylized fruit, but they can use realistic images of fruit to show an actual ingredient or a production region.
If Newsom signs it, the new rules kick in on January 1, 2028. The state's Department of Cannabis Control would then write additional regulations and build tools to help businesses check their own packaging against the standard. The department already rolled out an AI tool in June to help operators spot labels that might appeal to kids, on top of existing rules that ban cartoons.
Irwin didn't come to this out of nowhere. She had asked the State Auditor to review how well regulators were enforcing existing rules against marketing weed to kids. The audit, she said, confirmed what a lot of people already saw on the shelves, that California's industry keeps packaging products in ways clearly designed to catch a child's eye. She tied the problem directly to a rise in child cannabis poisonings since Prop 64 passed, cases where kids eat products that look like candy and end up needing poison control.
The California Cannabis Industry Association opposes the bill anyway. The trade group argues it piles new costs on licensed operators who already keep cannabis away from kids. It makes it harder to pull consumers into the legal market, and, tellingly, "does not address safe at-home storage practices." The Senate did soften the bill before passage, delaying its start date, narrowing the definition, and stripping out some requirements on regulators.
This article is based on reporting by Tom Angell for Marijuana Moment. Read the original coverage at marijuanamoment.net.
Let's be honest on both sides of this one, because it's not as simple as the vote count makes it look. The heart of this bill is fine. Packaging built to fool a four-year-old into thinking an edible is a fruit snack is indefensible. Child poisonings from look-alike products are a real concern that any parent should have even outside cannabis. On top of that, any operator crying about not being allowed to use unicorns and bubble letters should find a new line of work. Keeping cannabis away from kids is a legitimate goal. Full stop. We're not going to pretend otherwise just because we cover this industry. But look closer and the trade association has a point that's easy to dismiss and shouldn't be.
The licensed operators this bill polices are the ones already following the rules. Cartoons on legal packaging were banned years ago. The genuinely predatory stuff, the "Stony Patch Kids" knockoffs designed to rip off candy brands, overwhelmingly comes from the illicit market. And we all know the illicit market does not read California's labeling code. So the state is once again writing rules that land hardest on the compliant businesses while the actual bad actors keep operating untouched.
And here's the part that matters most and that the bill quietly skips. The single biggest driver of kids eating cannabis isn't dispensary packaging. It's an adult leaving edibles within reach at home. A gummy in an unmarked baggie poisons a toddler just as easily as one in a flashy wrapper. Real prevention is about storage, and this bill doesn't touch it. So we land here. Good intentions, near-unanimous support, and a genuine problem worth solving. But it's aimed at the tier of the market that's already behaving, it adds cost to legal operators already fighting to survive in a collapsing California market, and it dodges the home-storage issue that actually sends kids to the ER. Nobody should confuse passing this with protecting children. It's a start at best, and a distraction at worst. Follow FSOTD for new exclusive podcast episodes and more updates directly from the culture.
All images via Reddit.
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