Branded Merchandise Fact Sheet
The Bureau of Cannabis Control released a fact sheet about branded cannabis merchandise. Below is a copy of the fact sheet and full length sections of the laws referenced in the fact sheet. Learn more about commercial cannabis on our practice page.
“Branded merchandise” includes clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, or cannabis accessories with the name or logo of a state licensed commercial cannabis business. (See Cal. Code Regs., tit. 16, § 5000(b).) Licensees may sell the items enumerated above without first obtaining Bureau approval.
Branded merchandise items that are not specifically identified in section 5000(b) of the Bureau’s regulations cannot be sold without prior written approval from the Bureau.
Licensees selling branded merchandise without the prior written approval from the Bureau may be subject to disciplinary action.
Licensees may email requests for branded merchandise approval to BCC@dca.ca.gov. All requests for approval should contain the phrase “Request for Branded Merchandise Approval” in the email subject line. The body of the email should include the following information:
• Licensee name and license number.
• Description of each branded merchandise item to be approved for sale.
• Picture of each branded merchandise item to be approved for sale.
Branded merchandise does not include items containing cannabis or any items that are considered food. (See Cal. Code Regs., tit. 16, § 5000(b).)
A licensed retailer may sell their own branded merchandise to retail customers. Retailers are not authorized to sell the branded merchandise of other licensees.
A licensed distributor may distribute their own or another licensee’s branded merchandise.
Branded merchandise is considered advertising and marketing and is subject to the advertising and marketing requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act and the Bureau’s regulations. Branded merchandise:
• Must identify the licensee responsible for the advertising content, including the responsible
licensee’s state license number, on the branded merchandise.
• Cannot be sold while a licensee’s license is suspended.
• Cannot be designed in any manner likely to appeal to anyone under 21 years of age.
Branded merchandise items that are not specifically identified in section 5000(b) of the Bureau’s regulations cannot be sold without prior written approval from the Bureau.
Licensees selling branded merchandise without the prior written approval from the Bureau may be subject to disciplinary action.
Licensees may email requests for branded merchandise approval to BCC@dca.ca.gov. All requests for approval should contain the phrase “Request for Branded Merchandise Approval” in the email subject line. The body of the email should include the following information:
• Licensee name and license number.
• Description of each branded merchandise item to be approved for sale.
• Picture of each branded merchandise item to be approved for sale.
Branded merchandise does not include items containing cannabis or any items that are considered food. (See Cal. Code Regs., tit. 16, § 5000(b).)
A licensed retailer may sell their own branded merchandise to retail customers. Retailers are not authorized to sell the branded merchandise of other licensees.
A licensed distributor may distribute their own or another licensee’s branded merchandise.
Branded merchandise is considered advertising and marketing and is subject to the advertising and marketing requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act and the Bureau’s regulations. Branded merchandise:
• Must identify the licensee responsible for the advertising content, including the responsible
licensee’s state license number, on the branded merchandise.
• Cannot be sold while a licensee’s license is suspended.
• Cannot be designed in any manner likely to appeal to anyone under 21 years of age.
Cal. Code Regs., tit. 16, § 5000
Cal. Code Regs., tit. 16, § 5000
(b) “Branded merchandise” means clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, cannabis accessories, or other types of
merchandise approved by the Bureau with the name or logo of a commercial cannabis business licensed pursuant to the Act. Branded merchandise does not include items containing cannabis or any items that are considered food as defined by Health and Safety Code section 109935.
(b) “Branded merchandise” means clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, cannabis accessories, or other types of
merchandise approved by the Bureau with the name or logo of a commercial cannabis business licensed pursuant to the Act. Branded merchandise does not include items containing cannabis or any items that are considered food as defined by Health and Safety Code section 109935.
Health and Safety Code section 109935
Health and Safety Code section 109935
“Food” means either of the following:
(a) Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal.
(b) Any article used or intended for use as a component of any article designated in subdivision (a).
“Food” means either of the following:
(a) Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal.
(b) Any article used or intended for use as a component of any article designated in subdivision (a).
Sacramento Attorneys on Cannabis Merchandise
Sacramento cannabis attorney helping with California Secretary of State trademark registration and merchandising rules for commercial cannabis businesses. Feel free to contact Sacramento Cannabis attorneys to set up an initial consultation. Our attorneys have helped with cannabis licensing, compliance, and litigation.
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*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact an attorney for legal advice. Rooted Legal PC includes attorneys who are well-versed in cannabis law matters and are located in Sacramento California. This post is addressing a new fact sheet offered by the California Bureau of Cannabis Control.