California’s governor has signed a bill to more clearly define the types of marijuana packaging and labeling that is prohibited due to appealing to children.

Gov. Gavin Newsom (D) gave final approval to the legislation from Assemblymember Jacqui Irwin (D) on Monday, about two weeks after it passed the Assembly in a vote of 69-1 and cleared the Senate 38-0.

“When voters legalized adult-use cannabis, they also made clear that California must protect children and ensure cannabis products are sold in a tightly regulated marketplace,” the governor said in a press release. “Today we are setting clearer, enforceable standards that protect kids, strengthen accountability, and give responsible businesses the certainty they need to follow the rules.”

As enacted into law, AB 2249 defines “attractive to children” to mean designed or likely to appeal to people under the age of 21.

Indications for that youth appeal include the use of cartoons, depictions of individuals who appear to be under 21, use of mythological creatures like unicorns or dragons or references to celebrities or characters who are primarily associated with children’s entertainment.

It also includes images of consumable goods that are primarily marketed to children—such as candies, cereals, sweets and desserts—as well as the use of lettering styles resembling “overinflated bubbles or balloons” that are typical in products marketed to kids.

“Cannabis and cannabis product packaging and labeling shall not imitate, mimic, or closely resemble the packaging, labeling, trade dress, or overall appearance of a non-cannabis product that is primarily marketed to children,” the legislation says.

While the new law says that “edible cannabis product or vape cartridge labeling shall not include cartoon or overly stylized depictions of fruit,” one provision clarifies that “realistic depictions of fruit used to identify or accurately depict the product ingredients or production region are not prohibited.”

The packaging and labeling restrictions are set to take effect on January 1, 2028 now that the measure has been enacted into law.

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Under the legislation, the Department of Cannabis Control (DCC) is directed to adopt regulations to “address additional packaging and labeling design elements or product characteristics that pose heightened risk to children.”

DCC will also be required to develop “compliance assessment resources” to help cannabis businesses self-evaluate whether their packaging and labeling at attractive to children.

In June, the department rolled out a new AI tool to help businesses identify marijuana product packaging may appeal to kids in violation of existing state rules, which already ban cartoons on cannabis labels.

Irwin, the bill’s sponsor, previously requested the California State Auditor to conduct an assessment of DCC’s enforcement of existing laws against marketing cannabis products to children.

That audit “confirmed what many have long recognized: California’s cannabis industry continues to package and market products in ways which are overtly attractive to children,” the lawmaker said.

“Since the passage of Proposition 64, child cannabis poisonings have increased dramatically. These exposures are often driven by cannabis product packaging that uses features which are explicitly attractive to children, leading children to consume the products unintentionally,” Irwin said. “Young children who accidentally consumer cannabis require poison control treatment consistently, and in many cases they can also expose their fellow elementary and middle school peers to cannabis.”

The California Cannabis Industry Association (CCIA), for its part, opposed the bill.

“AB 2249 would impose significant costs on the licensed businesses that already keep cannabis away from children, undermine the state’s efforts to bring consumers into the regulated market, and does not address safe at-home storage practices,” the trade association said.

The measure was amended by the Senate after initially clearing the Assembly, including by delaying its effective date, narrowing the definition of “attractive to children” and removing some requirements for regulators.

Meanwhile, lawmakers this session have also advanced legislation to allow marijuana retailers to offer drive-thru windows to serve customers.

California’s treasurer recently said the marijuana legalization law that voters approved a decade ago has been a “complete failure” and should be replaced with a new ballot initiative that prioritizes consumers and small businesses.

The vice chair of the state Senate Budget Committee has floated the idea of putting a new initiative on the state ballot to “reverse” Proposition 64, for example, arguing that voters were misled and voicing concerns about the health impacts of marijuana use.

Republican gubernatorial candidate Steve Hilton, who is endorsed by President Donald Trump, recently told Marijuana Moment that taxes and regulations on cannabis are “too high.”

DCC recently released data showing how 97 percent of state cannabis enforcement actions in unincorporated cities have happened in counties that have locally banned licensed growers from operating.

California regulators also recently adopted emergency rules changes for the state’s marijuana licensing process that are intended to make it easier for businesses to qualify for benefits in line with the Trump administration’s recent move to federally reschedule medical cannabis.

Newsom recently took credit for helping to lead the push for the state to legalize marijuana and discussed his own limited experience with using cannabis.

Last October, however, Newsom vetoed a bill that would have allowed certain marijuana microbusinesses to ship medical cannabis products directly to patients via common carriers like FedEx and UPS, stating that the proposal “would be burdensome and overly complex to administer.”

Newsom did sign a bill earlier that month aimed at streamlining research on marijuana and psychedelics.

Last September, the governor also signed a measure into law to put a pause on a recently enacted tax hike on marijuana products.

Separately, the state attorney general says Indian tribes cannot independently engage in marijuana commerce with licensed cannabis businesses without first obtaining their own commercial license from state officials.

California officials recently awarded nearly $30 million in grants for marijuana-focused academic research projects.

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Virginia’s governor has signed bills to allow patients to use medical marijuana in hospitals and protect the parental rights of cannabis consumers.

Gov. Abigail Spanberger (D) on Monday also also recommended that lawmakers adopt amendments to legislation that is aimed at providing resentencing relief to people with prior marijuana convictions.

Meanwhile, advocates are awaiting her action on separate bills to legalize and regulate recreational marijuana sales in the state ahead of a midnight deadline.

Here’s a look at the cannabis legislation that Spanberger has already acted on:

Protect Marijuana Consumers’ Parental Rights

The governor signed a bill to protect the rights of parents who use marijuana in compliance with state law.

HB 942 from De; Nadarius E. Clark (D) states that a “person’s legal possession or consumption of substances…alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.”

The new law also specifies that a parent or legal guardian can’t be construed to have failed a drug test over legal substances such as cannabis.

The legislation is consistent with a measure Clark sponsored last session that advanced through the legislature, only to be vetoed by then-Gov. Glenn Youngkin (R).

“This is a significant victory for Virginia parents who consume cannabis responsibly,” JM Pedini, development director for the advocacy group NORML and executive director for Virginia NORML, told Marijuana Moment. “It’s taken seven legislative sessions to secure these most basic protections and prevent courts from needlessly separating children from their families.”

Allow Patients To Use Medical Cannabis In Hospitals

Spanberger additionally signed legislation to let patients use medical marijuana in hospitals.

SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra (D) build upon existing state law protecting health professionals at hospices, nursing homes and assisted living facilities that aid terminally ill patients in utilizing medical cannabis treatment from punishment by adding hospitals to the statute.

The new law also creates a working group under the Department of Health to “discuss the implementation process for providing cannabis products to patients within medical care facilities.”

“The work group shall assess any available federal guidance or proposed regulations on the use of cannabis products or changes to the schedule for cannabis products under the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) as well as interaction with applicable state laws,” the legislation says.

Its members will include representatives of the Virginia Hospital & Health Care Association and the Virginia Health Care Association, as well as health care providers and palliative, hospice, and hospital volunteers familiar with issues associated with providing care to individuals experiencing chronic illness.

The measure directs the working group to submit a report to key legislative committees including “written guidelines for the use of medical cannabis within medical care facilities and the safe operations of medical care facilities” by November 1.

Meanwhile, the governor also proposed that lawmakers amend legislation to provide resentencing relief for prior cannabis convictions:

Provide Resentencing Relief For Prior Cannabis Convictions

Lawmakers sent Spanberger bills to allow people who have certain marijuana convictions on their records to receive resentencing relief, but she wants them to make changes.

As approved by lawmakers, SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia Henson, Jr. (D) would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.

The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.

Under the governor’s proposed amendments, affected persons would have to proactively file petitions to get the relief instead of having the courts proceeding automatically. Spanberger’s suggestion also removes deadlines for court hearings on resentencing relief.

Similar legislation was approved by lawmakers last session but it was vetoed by Youngkin, the former governor.

Lawmakers are set to reconvene to address the governor’s proposals on this and other bills on April 22.

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Oregon’s governor has signed a bill to allow patients with debilitating medical conditions to access medical marijuana in certain health facilities such as hospices.

Gov. Tina Kotek (D) approved the legislation from Rep. Farrah Chaichi (D) on Tuesday after it cleared the Senate in a 20-8 vote last month and was passed by the House of Representatives in a 39-3 vote in February.

Chaichi said in testimony to the Senate Health Care Committee that the bill is “an important tool to facilitate cannabis use as an alternative or addition to opioid use in end of life care.”

“While sometimes necessary, opiates are often overly sedative, preventing quality family interaction in someone’s final days,” she said. “As someone who lost my mother while she was intubated, I know how meaningful it is for patients to be present and in the moments of their last days and weeks with their loved ones. This is a quality of life and a quality of care issue. The bill’s goal is to ensure patients who desire this important and valid medical treatment have access across the board.”

As enacted, HB 4142 will require hospice, palliative and home care organizations, as well as residential facilities, to develop rules permitting registered patients with debilitating conditions to use medical cannabis.

The reform is similar to—albeit somewhat more limited than—multiple “Ryan’s law” measures that have advanced in state legislatures across the country. Ryan’s law, which is named after a young cannabis patient in California who passed away, generally refers to a policy broadly permitting medical marijuana use in health facilities such as hospitals.

The Oregon bill doesn’t extend to hospitals, but it builds upon the state’s medical cannabis program in a way that advocates say will meaningfully improve quality of life for seriously ill patients.

Under the proposal, the Oregon State Board of Nursing will further be prohibited “from disciplining a nurse who discusses the medical use of marijuana with a patient,” according to a legislative summary. It will additionally make it so eligible health facilities can act as medical marijuana caregivers if authorized by regulators.

The legislation “exempts residential facilities that provide a patient with medical marijuana from criminal laws related to the possession, delivery, or manufacture of marijuana” and “allows a conditionally designated residential facility to develop a written policy and train staff before the operative date,” the summary says.

Now that the governor has signed the measure, it is set to become operative on January 1, 2027.

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