“2028 sounds far away. But artwork gets locked with the printer weeks or months before the run. Then the boxes sit in a warehouse until they are used.”
By Adrian A. Holguin, CannaShark Consulting
Last month, California Gov. Gavin Newsom (D) signed AB 2249, a bill that puts a much clearer line around what cannabis packaging, labels and ads can look like. The short version: no child-oriented dragons, unicorns or wizards; nobody who looks under 21; no imagery of candy, cereal, sweets or desserts primarily marketed to children; no child-style bubble or balloon lettering; and no packaging that mimics a noncannabis product marketed to kids.
The new definition takes effect on January 1, 2028.
Most of the coverage stopped there, and I get it. “Rules take effect in sixteen months” doesn’t make anyone spill their coffee. But operators tend to call me after a rule costs more than they expected, so here’s why 2028 is not the date that matters.
First, the basics.
California has banned cannabis packaging that is “attractive to children” since legal sales began, and cartoons on labels are already prohibited. The problem was that the line remained subjective and was applied inconsistently. A 2025 state audit found that Department of Cannabis Control (DCC) rules were not specific enough and that reasonable reviewers sometimes reached different conclusions about similar packaging.
AB 2249 draws a clearer line. It defines “attractive to children” as designed or likely to appeal to anyone under 21, then identifies cartoons; depictions of people under 21; celebrities, influencers, characters and mascots primarily associated with contemporary children’s media or products; fantasy characters such as unicorns, wizards and dragons; imagery of candy, cereal, sweets and desserts primarily marketed to children; child-oriented bubble or balloon lettering; and packaging that mimics a noncannabis product marketed to children.
Cartoon or overly stylized fruit on an edible or vape label is out. A realistic depiction of fruit that accurately reflects an ingredient or production region is allowed.
The bill also authorizes DCC to adopt additional rules for design elements or product characteristics that pose a heightened risk to children, and it requires the department to develop self-assessment resources.
DCC launched its AI-based Cannabis Product Image Analyzer in June. Use it as a screening tool, not a safe harbor: an automated result is advisory, not a final DCC determination.
AB 2249 sets no deadline for additional rulemaking or for the required resources, so operators are still designing against a target that could move.
Now here’s the part that got underplayed.
Packaging isn’t bought like office supplies. Many brands buy it in runs representing six months to a year of inventory because that is how they protect unit economics. Artwork gets locked with the printer weeks or months before the run. Then the boxes sit in a warehouse until they are used.
So play it forward. A brand placing a normal-sized packaging order in early 2027 may be buying stock it expects to use well into 2028. AB 2249 contains no express sell-through safe harbor for old packaging.
Unless DCC issues contrary guidance, the prudent plan is to assume that product offered for sale on January 1, 2028 must comply with the new definition. That may put the artwork deadline in late 2026. In other words, somebody has to decide now whether the mascot stays.
The California Cannabis Industry Association opposed the bill on cost, and that concern is real. A redesign can mean compliance review, new plates, minimum order quantities, retailer notifications and eventually paying someone to destroy old packaging. But the final Senate vote was 38-0, and the Assembly concurred 69-1.
The cost is now a scheduling problem, and scheduling problems are only cheap if you start early.
Handled on the front end, this is a calendar and a manageable cost. Handled on the back end, it becomes destroyed inventory, retailer disruption, potential enforcement and a bill with more zeros. The difference is almost never information. Operators knew the rule was coming. The problem is that “2028” sounds far away.
If you hold a California license, this quarter looks like this: pull every SKU and flag anything with a character, creature, candy cue, child-oriented lettering or stylized fruit. If you have to argue about whether the gummy bear is a cartoon, it probably is.
Get your printer’s real lead times in writing and work backward from January 1, 2028. Start the redesign conservatively, have the final art reviewed, and run it through DCC’s tool as a screen before the plates are cut. Then size your last old-look order to sell through before 2028.
Nobody should build a compliance plan around the hope that the state will be generous with a pallet of dragon gummies.
The state gave you sixteen months. Your printer gave you about six. Plan around the printer.
Adrian A. Holguin, J.D., M.B.A., is founder and president of CannaShark Consulting. He advises cannabis operators and businesses in other highly regulated industries on licensing, compliance, finance and operations, and also serves as an expert witness.
Photo courtesy of Max Pixel.
