California’s cannabis industry is undergoing significant changes in response to a new state law aimed at regulating vape packaging and disposal. The law, which came into effect on July 1, mandates new practices for labeling, advertising, and the disposal of cannabis vape products.
New Compliance Requirements
The California Business and Professional Code 26152.1 introduces several key regulations:
- The term “disposable” is now prohibited in the advertising, labeling, and marketing of cannabis vape products.
- THC oil, vape pens, and batteries must be disposed of at designated hazardous waste collection facilities or other approved locations.
Angelica Sanchez, Senior Director of Government Affairs and Compliance at Perfect Union, a Sacramento-based cannabis retailer with nine locations across Northern California, highlighted the educational impact of this legislation. “This law will help customers understand the importance of properly disposing of vape products as hazardous waste, rather than treating them as regular trash,” Sanchez noted.
Challenges for Retailers and Brands
The responsibility for managing the disposal of defective, returned, or used vape products now largely falls on retailers. However, consumers currently have limited recycling options specifically designed for cannabis-related products, particularly vapes.
Jeremy Green, CEO and co-founder of Final Bell Holdings, a Los Angeles-based company providing supply chain services for cannabis brands in California and Canada, pointed out the gap in consumer recycling solutions. To address this, Perfect Union is installing vape disposal boxes at all of its stores throughout the state. “Perfect Union supports initiatives that promote both environmentally friendly packaging and safe disposal,” Sanchez added. “This is a crucial step in the right direction.”
On the packaging front, Final Bell is working with its clients to update existing packaging or develop new labels to comply with the new regulations following the July 1 deadline, according to Green.
Industry Adaptation and Sustainability Efforts
Mammoth Distribution, the parent company of Heavy Hitters—one of California’s top-selling vape brands—began aligning its product packaging with the new compliance standards months in advance. Wesley Hein, Head of Global Brand Expansion at Mammoth Distribution and President of the California Distribution Association, shared that the company has been progressively incorporating the bill’s language into its marketing and educational materials.
Some cannabis brands are also focusing on improving sustainability. Pax Labs, a leading cannabis vape product manufacturer based in San Francisco, introduced its first vape device made from reclaimed and recycled ocean-bound plastic in April. This initiative reflects the company’s commitment to responsible consumption and disposal. “As part of an industry that deeply values this plant, we aim to promote both responsible consumption and disposal—similar to the way we handle other consumer electronics with lithium-ion batteries,” said Scott Collins, Senior Director of Hardware Product and Design at Pax Labs.
Pax Labs’ new device, the Pax Trip, which features an outer shell made from repurposed materials, initially launched in California and Massachusetts, with plans to expand to Colorado and New York.
Setting Environmental Standards
California has long been a leader in environmental policy and sustainability initiatives. The new vape law complements other measures passed during the 2021-22 California legislative session, including Assembly Bill 2440, known as the Responsible Battery Recycling Act of 2022. Sponsored by Democratic Assembly Member Jacqui Irwin, A.B. 2440 requires battery manufacturers to develop waste-collection programs for consumers.
The vape disposal law is part of California’s broader effort to improve sustainable disposal practices for cannabis vaping products, thereby reducing the risk of safety hazards, such as fires associated with battery-operated devices, according to cannabis attorney Paula Savchenko. “With the support of the state’s cannabis industry leaders, licensed companies will play a critical role in reducing fires within the state’s materials-management systems,” said Savchenko, founder of Cannacore Group and PS Law Group in South Florida.
Enforcement Challenges
Enforcing this new regulation may present difficulties for California’s Department of Cannabis Control (DCC), which is already dealing with a growing pesticide issue in the marketplace. The DCC is updating its packaging and labeling checklist to reflect the new requirements and plans to issue guidance to help licensees comply, according to DCC spokesperson Moorea Warren.
Despite the regulation’s good intentions, some industry experts, like Florida-based cannabis attorney Dustin Robinson, question its practical impact. “Without widespread and accessible electronic waste disposal solutions and consumer education, these regulations may end up being little more than words on a packaging label, without effectively changing consumer behavior,” Robinson commented.