Marijuana Moment: California Marijuana Regulators Unveil New AI Tool To Prevent Product Packaging That May Appeal To Kids

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California cannabis regulators are rolling out a new AI tool to help businesses identify marijuana product packaging may appeal to kids in violation of state rules.

The Department of Cannabis Control (DCC) on Monday announced that licensees can now utilize a Cannabis Product Image Analyzer (CPIA) that was developed to aid in preventing the market launch of potentially problematic packaging that violates state statute by enticing minors.

Marijuana business licensees can “simply snap a photo using their smart phone or mobile device, screenshot or any other supported file format and upload to the CPIA tool,” DCC said. “The image will be analyzed and provide a summary of its findings.”

DCC said it won’t retain images uploaded to the CPIA database, or the summaries of findings that it produces. Rather, the goal is to “assist licensees in their independent evaluation of whether packaging or labeling may be attractive to children.”

That includes packaging and labels that depict:

• Images of minors or anyone under 21 years of age
• Cartoons
• A likeness to images, characters, or phrases that are popularly used to advertise to children
• Images that are any imitation of candy packaging or labeling and
• Images with the terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez”

“The CPIA uses artificial intelligence technology to review images submitted by a user to identify issues that may indicate attractiveness to children for further evaluation,” DCC said in a notice. “The CPIA may not identify all concerns an image may present, or that the Department may find attractive to children.”

Regulators stressed that licensees should not “rely on the CPIA’s output, as it does not establish definitively whether advertising or marketing violates” state rules. And if the tool finds that an uploaded image is likely compliant, that alone “does not preclude a finding by the Department or a factfinder in a disciplinary or administrative action from determining the uploaded image violates the regulation.”

“Because artificial intelligence systems evolve, update, or produce variable outputs, the CPIA’s evaluation may change from day to day, even when reviewing the same image. The quality, clarity, angle, lighting, or completeness of an image uploaded by a user may affect the CPIA’s review and assessment. Users are solely responsible for ensuring uploaded images accurately depict the product’s labeling.”

Cannabis licensees are being encouraged to provide feedback on the AI tool through an online survey.

California regulators also recently adopted emergency rules changes for the state’s marijuana licensing process that are intended to make it easier for businesses to qualify for benefits in line with the Trump administration’s recent move to federally reschedule medical cannabis.

Separately, a California Senate committee on Monday approved an Assembly-passed bill that would allow marijuana retailers to offer drive-thru windows to serve customers.

Gov. Gavin Newsom (D), meanwhile, recently took credit for helping to lead the push for the state to legalize marijuana and discussed his own limited experience with using cannabis.

In October, however, Newsom vetoed a bill that would have allowed certain marijuana microbusinesses to ship medical cannabis products directly to patients via common carriers like FedEx and UPS, stating that the proposal “would be burdensome and overly complex to administer.”

Newsom did sign a bill earlier that month aimed at streamlining research on marijuana and psychedelics.

In September, the governor also signed a measure into law to put a pause on a recently enacted tax hike on marijuana products.

Separately, the state attorney general says Indian tribes cannot independently engage in marijuana commerce with licensed cannabis businesses without first obtaining their own commercial license from state officials.

California officials recently awarded nearly $30 million in grants for marijuana-focused academic research projects.

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