
Rosin, wax and edibles are available at Mango Cannabis, a dispensary store at 1051 McNutt Road in Sunland Park, New Mexico, on Wednesday, Jan. 29, 2025.
San Diego, California – California’s legal cannabis industry is facing new scrutiny after a state audit found regulators are falling short in preventing packaging that could appeal to children.
In a report released Tuesday, State Auditor Grant Parks said the Department of Cannabis Control (DCC) has allowed products to be sold in packaging that features colorful fonts, cartoon images, animals, and playful strain names — design elements that experts say can draw the attention of minors.
“This is big tobacco all over again,” said Luke Niforatos, executive vice president of Smart Approaches to Marijuana, comparing cannabis branding to the cigarette industry’s use of candy-themed products and cartoon mascots decades ago. “The marijuana industry has vaping devices, gummy bears, and cartoon characters that make their products appealing to kids.”
The report also cited sobering numbers from California Poison Control. Between 2016 — when voters approved recreational cannabis — and 2023, the number of calls involving children under 5 ingesting cannabis increased by 469 percent, rising from 148 to 842 cases.
To address these concerns, Parks recommended a series of changes. Among them: requiring the DCC to create clearer guidelines for escalating compliance actions against repeat offenders, reviewing past violations during inspections, and tightening rules around product names and design elements. The report also urges lawmakers to consider banning certain cannabis flavors that are particularly attractive to children.
Renee Meyer, who works in the DCC’s compliance division, said the findings were accurate and pointed to the subjectivity in current regulations as a challenge for consistent enforcement. She also noted that the department has limited resources to monitor California’s vast cannabis market and no authority over unlicensed operations. Still, Meyer expressed optimism that meaningful change is possible.
“It is doable to improve around packaging and labeling,” she said. “We can do this and make changes. Both the department and the legislature have an opportunity to work together to make the regulations stricter.”
While Niforatos welcomed the recommendations, he argued the audit reflects a broader problem with the state’s approach to legalization. “Marijuana legalization passed through in California based on the premise that we could legalize, regulate, and tax marijuana,” he said. “This audit report is showing us that regulation is still not working out. Regulation is not what it was promised, and we need to hold policymakers and the industry to a higher standard going forward.”