AB2249 - Cannabis: labels, packaging, and advertising.

Enrolled August 24, 2026 Passed IN Senate August 19, 2026 Passed IN Assembly August 20, 2026 Amended IN Senate August 13, 2026 Amended IN Assembly May 22, 2026 Amended IN Assembly April 15, 2026 Amended IN Assembly March 16, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2249 Introduced by Assembly Member Irwin February 19, 2026 An act to add Sections 26141 and 26142 to the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGEST AB 2249, Irwin. Cannabis: labels, packaging, and advertising. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities under the jurisdiction of the Department of Cannabis Control, including retail commercial cannabis activity. MAUCRSA prohibits a person engaged in commercial cannabis activity, whether licensed or unlicensed, from engaging in specified advertising or marketing activities, including publishing or disseminating advertising or marketing that is attractive to children. MAUCRSA also places specified requirements on the packaging and labeling of cannabis and cannabis products, including prohibiting packages and labels from being made to be attractive to children. This bill, commencing January 1, 2028, would define “attractive to children” to mean designed or likely to appeal to individuals under 21 years of age, as specified. The bill would authorize the department to adopt regulations to address additional packaging and labeling design elements or product characteristics that pose heightened risk to children. The bill would require the department to develop compliance assessment resources to assist licensees in self-evaluating whether packaging or labeling is attractive to children. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 26141 is added to the Business and Professions Code, to read: 26141. (a) For purposes of subdivision (b) of Section 26120 or subdivision (f) of Section 26152, “attractive to children” means designed or likely to appeal to individuals under 21 years of age, which may be indicated by, but not limited to, any of the following: (1) Cartoons. For purposes of this section, “cartoon” means an illustrated or graphic depiction of a person, animal, creature, or object that uses one or more stylized features commonly associated with children’s animated media, including any of the following: (A) Exaggerated physical features or proportions. (B) Anthropomorphism. (C) Attribution of extra-human traits or abilities to a character or object. (D) Highly exaggerated facial expressions, emotional reactions, or other animated-character design conventions. (2) Depictions of individuals who are, or who appear to be, under 21 years of age. (3) Images of, or references to, celebrities or influencers primarily associated with contemporaneous children’s entertainment, media, or products. (4) Images of, or references to, characters, mascots, products, brands, or trade dress primarily associated with contemporaneous children’s entertainment, media, or products. (5) Magical, fantasy, or mythological characters commonly associated with children’s entertainment, media, or products, including, but not limited to, unicorns, wizards, or dragons. (6) Images of consumable goods primarily marketed to children, including candies, cereals, sweets, and desserts. (7) Typography, lettering, or font styles that resemble overinflated bubbles or balloons, or other styles typically used in, or characteristic of, products that are primarily marketed to children . (8) The terms “candy” or “candies” or variants in spelling such as “kandy” or “kandee.” (b) Cannabis and cannabis product packaging and labeling shall not imitate, mimic, or closely resemble the packaging, labeling, trade dress, or overall appearance of a noncannabis product that is primarily marketed to children. (c) Edible cannabis product or vape cartridge labeling shall not include cartoon or overly stylized depictions of fruit. Realistic depictions of fruit used to identify or accurately depict the product ingredients or production region are not prohibited. (d) The department may adopt regulations to address additional packaging and labeling design elements or product characteristics that pose heightened risk to children. (e) This section shall become operative on January 1, 2028. SEC. 2. Section 26142 is added to the Business and Professions Code, to read: 26142. (a) The department shall develop compliance assessment resources to assist licensees in self-evaluating whether packaging or labeling is attractive to children. (b) The compliance assessment resources may include automated tools, educational resources, examples, or other guidance intended to promote voluntary compliance. The development, publication, or revision of the tools and guidance shall not require formal adoption through the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) An automated tool published pursuant to this section may be constructed to issue advisory determinations of compliance or noncompliance, based on the requirements of this chapter and any regulations adopted pursuant to this chapter. Determinations generated by the tool shall not constitute a final department determination.