Creative Branding in a Restrictive World: Navigating Cannabis Packaging Regulations in Canada and the U.S.

There may be nothing more frustrating as a business than government regulations that stifle creativity. In Canada, where cannabis has been federally legal since 2018, the restrictions border on criminal. No other industry is subjected to such severe creative constraints – not even alcohol, which unlike cannabis, offers zero medicinal benefits. And while some level of oversight is understandably necessary to keep children safe, many of the marketing and branding restrictions imposed on Canadian cannabis packaging seems excessive and just downright silly. 

In this article, we explore how Canadian and U.S. cannabis companies (in more restrictive states), can navigate stringent regulations to create packaging that effectively sell their brand despite heavy government oversight.

Navigating Cannabis Packaging Regulations in Canada and the U.S.

Canadian cannabis is regulated at the federal level, resulting in uniform laws across the country, while in the U.S., laws can vary significantly state to state. Packaging regulations in Canada tend to be much more restrictive than those in the U.S. and if you’ve ever stepped foot in dispensaries on both sides of the border, it’s doubtful you haven’t noticed a difference. 

Common sense regulations like child-proof packaging and proper warning labels exist pretty much universally in both countries, while branding regulations tend to be a little…errr… scratch that, A LOT different. Health Canada is a bit of a fun-sponge when it comes to designs on cannabis packaging; characters, animals, or even depictions of people are off-limits (not even an exception for Canadian pot legend Tommy Chong!). In short, Canadian cannabis packaging must use only a single non-fluorescent colour and only one small brand logo. Contrasting with the U.S., where most states with legalized cannabis allow for greater brand differentiation through packaging design.  Only a handful of states explicitly prohibit cartoons or graphics on packaging, although of course, most do have general prohibitions on packaging that appeals to children. 

Given these limitations, how can a brand stand out on dispensary shelves? 

Well, let’s chat about it… So, you’ve done your research, got all your permits, you’ve cultivated some healthy plants, developed some awesome strains and are ready for market only to be hit by a prohibition-era level of bureaucracy around how to market and brand your product, again, your legal product.  Believe it or not, despite the oppressively strict regulations there are some things you do have control over. Here are some tips and guidance on some creative, yet legal approaches to market your cannabis.

Focus on that which you can control: 

Invest in a Strong Logo

First things first, invest in a killer logo! – (although really this advice applies for all businesses regardless of industry). But in the cannabis industry, per your restrictions here in Canada, so long as you’re keeping it simple and smaller than the standardized cannabis symbol (that THC red stop sign) on your packaging, you’re good to go. Simple, classic and true to your brand’s personality is key. You are also allowed one additional brand slogan, but text must not be bigger than the health warnings and one colour.  

When it comes to your logo’s design, try to stay away from “top trends”, timelessness is the real goal here. Your logo should ultimately tell a story of who you are and what you’re about at first glance. Use fonts to your advantage, play with symbolism and embrace colour psychology in your design.  Keep in mind though, while green is clearly identified with the cannabis industry, it is also extremely overused, so do with that what you will, it may or may not be the right strategy for you. A good designer will understand the elements of a great logo so don’t cheap out, hire quality! Find brands you admire and seek out graphic designers and/or artists working in that style to create something that really speaks to your company and your target audience’s values. 

One quick caveat: there are a few restrictions that you’ll need to verify as far as font styles go so definitely do your research before falling in love with any particular style. That funky bubble font might speak to what you’re all about but remember, sometimes there’s just no room for the funk in government regulatory boards… cue sad face.  

Optimize your outer packaging

Packaging format is an important factor to consider. Whether you’re going with a flexible pouch or glass container with a simple label, your choice should balance compliance with brand identity. While you do have options like these to make your brand somewhat unique to your style, sadly no unique textures or fun shapes are allowed, plain jane is the name of the game. Otherwise, so long as the container is child-proof and tamper-evident, it’s a go. At Associated Labels and Packaging, our flexible pouches come with options like child-proof zippers that maintain product freshness, prevent mold and provide excellent odour-proofing.  

Think about colour combinations that tell a story and create branding guidelines that speak to your brand’s personality. You may choose to stand out with a consistent colour that works in tandem with your logo to invoke easy and memorable brand recognition and brand loyalty. Or, by contrast you might consider instead to use different colours for your flexible pouches based on different strains, product type, potency or any other differentiating qualities. Colour psychology can be a powerful tool–there are lots of great examples out there of how colours are used to invoke emotion and purchasing habits.  For instance, if you’re promoting a sleep-inducing indica dominant strain, a pastel lavender pouch will likely speak to that effect better then say bright red packaging. 

Prioritize Sustainability

Keep it real and keep it green! Choosing sustainable products like glass jars or pouches made from sustainable materials is not only just the right thing to do for the earth, several states including New York, New Jersey, Vermont and New Mexico have all built sustainability mandates into their cannabis regulations.  And while Canada does not yet enforce specific environmental guidelines for cannabis packaging, Canadian cannabis companies can take a proactive approach by choosing eco-friendly materials from the start. 

Glass jars with printed labels are a sustainable option, though they pose challenges in terms of weight and fragility during transport and use. Multi-layered plastic packaging, due in part to the strict requirements necessary to make regulatorily compliant, can be difficult to recycle. To mitigate environmental impact, cannabis producers would be wise to explore alternatives like post-consumer recycled materials and other sustainable solutions. Work with your packaging partners to learn about the options available from alternatives to plastics to packaging made with post-consumer recycled materials, the earth and your consumers will thank you. 

Leverage B2B marketing at the Retail Level

Under Canadian cannabis laws, producers and sellers are permitted to use informational and brand-preference promotions with much fewer restrictions. As long as advertisements like these are displayed in a place where minors are prohibited to enter (like a legal retail dispensary), companies can utilize creative displays, visuals and “vanity” or “dummy” packaging. Associated Labels and Packaging can help create these to your exact specifications, just ask. 

This approach works well because it allows your company to educate potential customers as well as budtenders about your brand.  By specifying what makes your products unique and showcasing your brand's personality and values through point of purchase displays in store, you are marketing directly to a captive audience who is not only legally allowed but one that is ready and looking to buy. 

Through these more B2B like efforts, you can effectively differentiate your brand at the retail/consumer level despite the strict packaging rules. By educating budtenders using these creative visuals, they are better able to understand your brand so that they are in turn better prepared to recommend your product above others to the right customers while shopping in store.

Final Tokes...err Takes

Despite the stringent packaging restrictions, cannabis brands can still establish a strong market presence through some strategic and creative choices. By focusing on what’s within your control, your cannabis company can navigate regulatory hurdles while still maintaining a compelling and recognizable brand identity that speaks to even the most discerning 420 aficionados.  

To learn more about Canadian cannabis packaging and labeling guidelines, visit: Health Canada’s Guide. And if you’re ready to partner with a packaging and label supplier that understands these intricacies inside and out, connect with the packaging experts at Associated Labels and Packaging and take your cannabis products to the next level today.