States that Require or Recommend Cannabis Exit Bags
Cannabis exit bags are a legal requirement in some states. Essentially, these are containers used by dispensaries and pharmacies to transport purchased products upon the customer’s exit. Each state that requires exit bags has slightly different requirements for them, but the majority of laws require child-proof exit bags. Here are the current laws governing cannabis exit bags in states that require them:
Specific products are required to be in exit bags:
- Marshmallows must be in divider trays, wrapped and placed in an exit bag.
- Butter Mints, Almond Joyfuls, Banana Walnut Chocolate Chip Muffins, Mocha Walnut Muffins, Sunny Day Granola, Orange Chocolate Chip Cookies, Frozen Orange Milk Chocolate Cookie Dough and Frozen Snickering Doodles Cookie Dough must be inside a pop top container put inside a Mylar exit bag which is child-resistant, resealable and freezer food safe.
Arizona law requires “child-resistant packaging on exit from the marijuana establishment”.
Under California law, “All cannabis goods purchased by a customer shall not leave the licensed retailer’s premises unless the goods are placed in an opaque exit package.”
Exit packages are required, especially for regulated flower, trim and seeds. If these items are not in a child-resistant container, the item shall be placed into a child-resistant exit package when given to a consumer.
Dispensaries are required to provide customers with “exit bags” that meet specific criteria. These exit bags are used to securely store purchased cannabis products and ensure safe transport.
Exit bags are required and must be child-resistant, opaque and tamper-evident.
Although there is no currently established law regarding the use of exit bags, the term is listed in official definitions within the law as “an opaque bag, pouch or other container that cannabis, cannabis products and/or cannabis seeds and plants are placed into after a retail sale and before the purchased items leave the licensed premise.”
Products shall be placed in an exit package that is resealable, tamper-resistant or child-resistant after opening and includes the following statement, including capitalization, in at least ten-point Times New Roman, Helvetica or Arial font: KEEP OUT OF REACH OF CHILDREN. Each type of packaging must be certified by a qualified third-party tamper or child-resistant packaging testing firm that the packaging is in compliance with the most recent poison prevention packaging regulations of the US Consumer Product Safety Commission as included in 16 CFR 1700.
Additionally, exit bags shall not be attractive to minors and are prohibited from using neon/bright colors, imitating or having a semblance to any existing branded consumer products, featuring cartoons, featuring a design, brand or name which resembles a non-cannabis consumer product of the type typically marketed to minors, featuring symbols or celebrities which are commonly used to market products to minors, featuring images of minors and featuring words which refer to products commonly associated with minors or marketed to minors.
All marijuana and marijuana products provided to customers at the point of sale shall be in child-resistant, opaque exit packaging which contains the warnings required by 16-12-215, MCA, in the format required by 16-12-208, MCA. No other information or design elements are allowed beyond what is under 16-12-208(6)(b)(ii), MCA.
Any cannabis or cannabis product must be packaged in opaque, child-resistant packaging in accordance with 16 C.F.R. Part 1700. The child-resistant packaging must maintain its effectiveness for multiple openings before leaving the cannabis sales facility with the consumer.
All finished, purchased cannabis products shall not leave the licensed retailer’s premises unless the cannabis products are placed in an opaque exit package.
Retail dispensaries may provide consumers with branded exit packages after completing a purchase. These bags cannot be made of any plastic unless the plastic contains a minimum of 25% post-consumer recycled content.
Each package sold must be placed in an unmarked, opaque bag before leaving the dispensary.
All medical marijuana products must be packaged in child-resistant containers and placed into an exit package at the point of sale.
All marijuana and hemp items, except plants and seeds, must leave the dispensary or retail store in a child-resistant container. Placing a non-child-resistant container inside an approved exit package will satisfy the child-resistant requirement. Additionally, multiple products can be placed in the same exit package at the point of sale. HiSierra is the top state-approved exit bag!
Except for medical marijuana edibles and ingestibles, upon approval, any other retail-ready medical marijuana product placed into a container that is not child-resistant shall be placed into a child-resistant exit package at the point of sale.
Any cannabis or cannabis products transferred to the patient or designated caregiver must be in packaging that is child-resistant in compliance with 16 C.F.R. part 1700.15, tamper-evident, resealable except for single-serving cannabis products and opaque. Further, exit packaging for any cannabis or cannabis product sold must identify registration numbers, batch numbers, cultivation date and production date.
When a medical cannabis pharmacy employee transports a container of medical cannabis product to a medical cannabis cardholder via drive-thru or curbside service, the container shall be contained within a box or an opaque bag.
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This article was originally published on March 8, 2022. It was updated on July 26, 2023.