On Aug. 31, California enacted AB 2249, defining which cannabis packaging, labels and ads are "attractive to children" starting Jan. 1, 2028

On Aug. 31, 2026, California Gov. Gavin Newsom signed Assembly Bill 2249, authored by Assemblymember Jacqui Irwin (D-Thousand Oaks), which defines when cannabis packaging, labeling, advertising and marketing are "attractive to children," according to the governor's office and Marijuana Moment. The bill was chaptered the same day as Chapter 164, Statutes of 2026, and adds Sections 26141 and 26142 to the state Business and Professions Code, according to the chaptered text on California Legislative Information. Its new standards take effect Jan. 1, 2028.

Background

Proposition 64, the 2016 ballot measure that created California's adult-use market for people 21 and older, already prohibited cannabis marketing deemed attractive to children, including cartoons, GreenState reported. Marijuana Moment noted that existing state rules already ban cartoons on cannabis labels. What the law did not do was spell out what "attractive to children" means.

Irwin had asked the California State Auditor to assess how the Department of Cannabis Control (DCC) enforces existing rules against marketing cannabis to children, according to Marijuana Moment. GreenState reported that the 2025 audit concluded state regulators weren't doing enough about such marketing. The governor's office said AB 2249 follows the auditor's recommendations "to provide greater clarity around the state's existing standards for cannabis packaging that may appeal to children."

In June, DCC rolled out an AI tool to help businesses identify packaging that may appeal to kids in violation of existing rules, Marijuana Moment reported.

What the law says

Starting Jan. 1, 2028, "attractive to children" means "designed or likely to appeal to individuals under 21 years of age," according to the Legislative Counsel's Digest. Marijuana Moment reported that the law's listed indications of youth appeal include cartoons; depictions of people who appear to be under 21; mythological creatures like unicorns or dragons; references to celebrities or characters primarily associated with children's entertainment; images of consumable goods primarily marketed to children, such as candies, cereals, sweets and desserts; and lettering styles resembling "overinflated bubbles or balloons."

GreenState reported that the law defines "cartoon" broadly, covering any "illustration" or "graphic" of a "person, animal, creature or object" with "stylized features" or anthropomorphism, and that it explicitly covers fantasy and mythology imagery including unicorns, wizards and dragons.

"Cannabis and cannabis product packaging and labeling shall not imitate, mimic, or closely resemble the packaging, labeling, trade dress, or overall appearance of a non-cannabis product that is primarily marketed to children," the legislation says, according to Marijuana Moment. Edible cannabis product and vape cartridge labeling "shall not include cartoon or overly stylized depictions of fruit," but "realistic depictions of fruit used to identify or accurately depict the product ingredients or production region are not prohibited."

DCC is directed to adopt regulations to "address additional packaging and labeling design elements or product characteristics that pose heightened risk to children," and must develop "compliance assessment resources" to help businesses self-evaluate their packaging and labeling, Marijuana Moment reported. The governor's office said those resources will include education materials, examples and guidance.

How it passed

The bill passed the Assembly 69-1 and the Senate 38-0, Marijuana Moment reported. The Senate amended it after it first cleared the Assembly, delaying its effective date, narrowing the definition of "attractive to children" and removing some requirements for regulators, according to the outlet. Origins Council policy analyst Ross Gordon told GreenState that in its original form, AB 2249 "was so broad that it would have prohibited use of imagery like small farmers and vegetable gardens," which hundreds of craft businesses use in their branding.

Reactions

"When voters legalized adult-use cannabis, they also made clear that California must protect children and ensure cannabis products are sold in a tightly regulated marketplace," Newsom said in the release. "Today we are setting clearer, enforceable standards that protect kids, strengthen accountability, and give responsible businesses the certainty they need to follow the rules."

Irwin said the State Auditor's review "confirmed what many have long recognized: California's cannabis industry continues to package and market products in ways which are overtly attractive to children." She added, "Since the passage of Proposition 64, child cannabis poisonings have increased dramatically," saying those exposures are often driven by packaging with features attractive to children.

Youth Forward, a Sacramento public health group, called marketing to children a "massive problem" that drives poison control calls, GreenState reported. GreenState also noted that the poison control data in the 2025 audit did not distinguish between licensed cannabis, intoxicating hemp and illegal edibles.

Industry groups split. The California Cannabis Industry Association (CCIA) opposed the bill, saying it "would impose significant costs on the licensed businesses that already keep cannabis away from children, undermine the state's efforts to bring consumers into the regulated market, and does not address safe at-home storage practices," Marijuana Moment reported. Nina Parks of the Equity Trade Network, another opponent, told GreenState that "the policing of packaging in the name of public safety is performative," and said the law would hurt small businesses that can't afford to rebrand.

The California Cannabis Operators Association (CaCOA), a large retailer-driven group, supported the final bill, GreenState reported. In a Sept. 1 post on X, CaCOA said it "secured substantial improvements that make the law narrower, clearer, and more workable," adding, "If you're not at the table, you're on the menu."

Who it affects

The law applies to licensed cannabis businesses in California's regulated market: their packaging, labels, ads and marketing. GreenState reported that it will cost millions of dollars in rebranding for many popular brands. Separately from AB 2249, Newsom's office noted that the state in 2024 issued emergency rules for consumable hemp products, banning detectable THC, limiting package size and setting a minimum purchase age of 21.

What happens next

DCC must write regulations and compliance resources before the Jan. 1, 2028, start date. GreenState reported that opponents say the law could face a First Amendment challenge, though it was unclear who would bring or fund one, and that CCIA's Zoe Schreiber said, "We need to regroup for next year." Web and news searches on Oct. 18, 2026, found no change to the effective date and no court challenge filed.

This report summarizes published reporting and official records and is not legal advice.