Cannabis: labels, packaging, and advertising.

The enrolled bill no longer amends Sections 26001, 26120, or 26152 of the Business and Professions Code. The amended Senate version had proposed changes to these existing sections that are entirely absent from the enrolled version.

The enrolled bill no longer adds Sections 26123 and 26124 to the Business and Professions Code, which in the prior version contained provisions including a prohibition on sale/distribution of child-attractive cannabis products, a grandfathering period for inventory manufactured before January 1, 2027, authorization for advertising with images of real humans, a requirement for the department to adopt a standardized rubric by July 1, 2027, and a voluntary written determination process with fee authorization.

The text of Sections 26141 and 26142 is substantively unchanged between versions; the differences are formatting only (removal of line numbers and reflow of text).

Header changed from amendment history to enrolled bill format showing passage dates (Assembly August 20, 2026; Senate August 19, 2026) and Governor receipt block.

New Section 26141 defines 'attractive to children' as designed or likely to appeal to individuals under 21, with a shorter list of specific indicators (cartoons, depictions of people under 21, children's entertainment references, fantasy characters, images of child-marketed foods, bubble typography, and the word 'candy'). This replaces the much longer and more detailed definition that was in Section 26001.

New Section 26141(b) prohibits cannabis packaging and labeling from imitating or closely resembling non-cannabis products primarily marketed to children. Section 26141(c) specifically prohibits cartoon or overly stylized fruit depictions on edible cannabis product or vape cartridge labeling, while allowing realistic fruit depictions used to identify ingredients or production region.

New Section 26142 requires the department to develop compliance assessment resources (automated tools, educational materials, examples) to help licensees self-evaluate their packaging. An automated tool may issue advisory determinations of compliance or noncompliance, but these do not constitute a final department determination.

The Assembly version's Section 26124 established a formal written determination process where the department would issue binding determinations within 30 days, could charge fees, and had to wait six months before revising or rescinding a determination. This entire binding determination framework is removed in favor of voluntary self-assessment.

The Assembly version required the department to develop and adopt a standardized rubric by July 1, 2027 (Section 26123). The Senate version removes this deadline and replaces it with a simpler requirement for compliance assessment resources, with the new provisions operative January 1, 2028.

The bill's scope expanded to include advertising in its digest description, and the act now adds Sections 26141 and 26142 in addition to the previously listed sections. The Senate version is a partial amendment that omits all other Assembly matter, meaning the Assembly's changes to Sections 26001, 26120, and 26152 remain in effect as previously amended.

The definition of 'cartoon' was simplified from a multi-criteria legal test (exaggerated features, anthropomorphic characteristics, emotional expressions, attribution of abilities) to a shorter description: an illustrated depiction using stylized features commonly associated with children's animated media.

New explicit prohibition: any depiction of a person under 21 years of age or who appears to be under 21 is now defined as attractive to children. Also covers use of names, images, or likenesses of celebrities, spokespersons, and influencers under 21 or who primarily appear in content intended for children.

New explicit prohibition: imaginary or fantasy-based characters including unicorns, dragons, and similar mythical creatures are now specifically listed as attractive to children.

The 'cartoon' definition was expanded to include a broader description covering emotional expressions and anthropomorphic characteristics, with an added 'reasonably likely to appeal to children' standard. The old four sub-criteria (comically exaggerated features, human traits on animals, animal traits on humans, extra-human abilities) are retained but now sit within this broader framework.

The fruits and vegetables exception was tightened. Previously, using fruit or vegetable imagery to accurately describe ingredients or flavors was a blanket exception. Now the depiction must ALSO not be reasonably likely to appeal primarily to children, meaning even accurate ingredient depictions can be prohibited if rendered in a child-appealing style.

New safe harbor for fonts: graffiti, street-art, distressed, stencil, hand-drawn, or other stylized fonts that do not use bubble, balloon, or candy-like shapes are explicitly NOT attractive to children by themselves. Additionally, a font is only considered attractive to children if its design is primarily intended or reasonably likely to appeal to children.

The trade dress and branding imitation prohibition was expanded from covering 'images, characters, or phrases' resembling a noncannabis consumer product marketed to children, to now covering 'trade dress, branding, brand name, or overall appearance' that imitates products primarily marketed to children, entertainment content primarily intended for children, or toys.

New functional similarity exception for packaging: similarities in shape, size, format, or inclusion of nutritional information are not by themselves attractive to children, unless the product category in question is primarily marketed to children. This prevents over-broad application to standard food packaging formats.

The old catch-all provision (paragraph 9) stating 'Anything else that is attractive to children in light of all relevant facts and circumstances' was removed, making the definition more specific and less open-ended for licensees to comply with.

New rules for product and strain names: A strain name first introduced into commercial use on or after January 1, 2026 is attractive to children if its font depiction meets the attractiveness criteria. For edible cannabis products specifically, the font of the product name is always subject to the attractiveness test regardless of when the name was introduced.

A transition period was added: licensees may continue to distribute or sell cannabis products and associated packaging or labeling that were manufactured, packaged, or labeled in compliance with law as it existed prior to January 1, 2027, until January 1, 2028.

The department's regulatory authority to identify additional attractive-to-children elements was expanded and clarified. The department may now identify 'additional depictions, illustrations, renderings, images, characters, phrases, packaging, labeling, design elements, terms, and any other packaging, labeling, marketing, or branding elements and terms' through regulation, consistent with the statutory definition.

The bill's youth advertising and marketing enforcement provisions were removed entirely. The March version included language stating the Legislature's intent to enact legislation regarding DCC's youth advertising and marketing enforcement; this is absent from the April version.

The act description now references Section 26152 of the Business and Professions Code in addition to Sections 26001 and 26120, expanding which code sections the bill amends.

Section 26120 now includes detailed mandatory label content: specific government warning text for cannabis versus cannabis products (including a note that intoxicating effects may be delayed up to two hours), net weight, type identification, packaging date, appellation of origin, cannabinoid content per serving and per package, allergen warnings, unique identifier information, and a 'FOR MEDICAL USE ONLY' statement for medicinal products.

New labeling rules prohibit indicating that cannabis cartridges or integrated vaporizers are disposable or may be thrown in trash or recycling. Cannabis beverages may be packaged in clear or any color containers. Only generic food names may describe edible ingredients.

Section 26123 requires the Department of Cannabis Control to develop, adopt, and implement by regulation a standardized rubric for determining whether cannabis products are attractive to children, with a deadline of July 1, 2027. The rubric must identify prohibited design elements including images/characters, product form factors, color schemes/fonts, and resemblance to commercially available foods or beverages.

The definition of 'attractive to children' was adjusted: the health warning exception changed from 'except as part of required health warnings' to 'except when required as part of required health warnings,' and the digest notes a new exception for images of real or fictional humans in advertising or marketing contexts.

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has identifiable state or local fiscal impact requiring fiscal committee review.

Added a comprehensive definition of 'attractive to children' in Section 26001(e) covering cartoons, fictional animals or creatures, fruits and vegetables (except accurate ingredient descriptions), toys or robots, bubble-type fonts, resemblance to children's consumer products, imitation of candy or children's food packaging, use of terms like 'candy' or 'kandy,' and brand names of children's food products.

Added numerous other definitions to Section 26001 including A-license, M-license, cannabinoid, cannabis beverage, CBD isolate, CBN isolate, synthetic cannabinoid, edible cannabis product, microbusiness, nursery, and many others that establish the full definitional framework for the division.

Section 26120(b) was expanded from a general prohibition on making packages attractive to children into an explicit ban: manufacturers, distributors, or sellers shall not manufacture, distribute, or sell any cannabis product, packaging, or labeling that is attractive to children.

New Section 26123 requires the Department of Cannabis Control to develop, adopt, and implement by regulation a standardized rubric by July 1, 2027 for determining whether cannabis products are attractive to children. The rubric must identify prohibited design elements including images/characters, product form factors, color schemes/fonts, and resemblance to children's products. The rubric must be publicly available and updated as necessary.

New Section 26124 requires the department to establish by July 1, 2027 a voluntary process for licensees to request written determinations on whether proposed packaging or labeling is attractive to children. Determinations must be issued within 30 calendar days and are binding on the department for enforcement purposes. The department may charge a reasonable fee, but requesting a determination cannot be required as a condition of licensure or sale.

The bill's scope expanded from a single intent statement about future legislation addressing a State Auditor audit to a full operative regulatory framework with specific deadlines, definitions, and enforcement mechanisms for child-attractive packaging prohibitions.