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In Colorado, all retail marijuana and marijuana products must meet packaging requirements similar to the federal Poison Prevention Packaging Act of 1970. This means that retail marijuana products must be packaged in child-resistant packaging.
The packaging required by the Act must be designed or constructed to be significantly difficult for children under 5 years of age to open within a reasonable time, and not difficult for normal adults to use properly.
For the sake of the elderly and handicapped who might have difficulty opening such containers, the Act provides that a regulated product available for purchase on store shelves may be packaged in one non-complying size provided it carries a warning that it is not recommended for use in households with children, and provided that the product is also supplied in complying popular size packages. Regulated prescription marijuana may be dispensed in non-child-resistant packaging upon the specific request of the prescribing doctor or the patient.
Current Colorado law prohibits a manufacturer of retail marijuana products from adding marijuana to a trademarked food product (e.g. a Hershey’s chocolate bar) unless the trademarked food product is part of a recipe and the manufacturer does not represent that the final product contains a trademarked food product.
Manufacturers are also prohibited from knowingly adding marijuana to food products that a reasonable consumer would confuse with a trademarked food product, or adding marijuana to a product that is primarily marketed to children. Some manufacturers, however, have created products that look nearly identical to more well-known ones, making them virtually indistinguishable from each other.
Learn more about marijuana laws in Colorado.