BCC - Branded Merchandise Fact Sheet

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CAL • Jul 09, 2020

The Bureau of Cannabis Control (Bureau) recently published a new fact sheet providing guidance on the approval and sale of branded merchandise.

“Branded merchandise” includes clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, or cannabis accessories with the name or logo of a state licensed commercial cannabis business.

(See Cal. Code Regs., tit. 16, § 5000(b).) Licensees may sell the items enumerated above without first obtaining Bureau approval.

Branded merchandise items that are not specifically identified in section 5000(b) of the Bureau’s regulations cannot be sold without prior written approval from the Bureau.

Licensees selling branded merchandise without the prior written approval from the Bureau may be subject to disciplinary action.

Licensees may email requests for branded merchandise approval to BCC@dca.ca.gov. All requests for approval should contain the phrase “Request for Branded Merchandise Approval” in the email subject line. The body of the email should include the following information:

Licensee name and license number.
Description of each branded merchandise item to be approved for sale.
Picture of each branded merchandise item to be approved for sale.

Branded merchandise does not include items containing cannabis or any items that are considered food. (See Cal. Code Regs., tit. 16, § 5000(b).)

A licensed retailer may sell their own branded merchandise to retail customers. Retailers are not authorized to sell the branded merchandise of other licensees.

A licensed distributor may distribute their own or another licensee’s branded merchandise.

Branded merchandise is considered advertising and marketing and is subject to the advertising and marketing requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act and the Bureau’s regulations. Branded merchandise:

Must identify the licensee responsible for the advertising content, including the responsible licensee’s state license number, on the branded merchandise.
Cannot be sold while a licensee’s license is suspended.
Cannot be designed in any manner likely to appeal to anyone under 21 years of age.

SOURCE: Branded Merchandise Fact Sheet

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