Board rule 2.2.9 and our guidance on packaging state that packaging that is intended for consumer purchase at a retail location must be plastic-free, unless a specific waiver is granted. A plastic waiver has been granted for Humidico biodegradable plastic lids - specifically for use in products that require child-resistant packaging.
Under state law, cannabis products (tinctures, edibles, concentrates, etc.) must be in child-resistant containers. Cannabis flower and pre-rolls do not need to be in child-resistant containers (see our one-pager on packaging cannabis and cannabis products).
As cannabis flower does not need to be in child-resistant packaging, the Humidico plastic lid waiver may not be used for cannabis flower retail packaging.
The CCB announced during a special meeting today an error made during the product registration process. A number of flower products were mistakenly registered using the Humidico plastic lids. The CCB will be in communication with the licensees with these registered products to issue them a pre-emptive waiver, so that they can remain in compliance with Board regulations. This waiver is specific to these licensees and their registered products, and is not a general waiver applicable to other licensees.
If you are a licensee who has a registered product for cannabis flower utilizing the Humidico lid, please reply to your waiver notice to notify the Board of the quantity and type of plastic lid in your possession by emailing CCB.Products@vermont.gov. These licensees may use their stock of Humidico lids until it is exhausted, but may not re-purchase those lids for continued packaging of cannabis flower.
If that packaging can reasonably be used in a permitted context (example: for cannabis products required to be in child-resistant packaging) – that use is preferred. Licensees may transfer or sell their lids to other licensees whose products require them to use child-resistant packaging.
This is not a general waiver. Licensees with unregistered products, or products submitted for registration that have not yet received approval, may not use Humidico plastic lids, or any other plastic lid, to package their products.