Many sellers of marijuana and marijuana-infused products are using the term “organic” on their labels. They may be unaware that the use of “organic” is strictly regulated by the USDA and the states. It simply isn’t permitted on marijuana products.

Essentially, “organic” is not permitted on a label unless (a) the product is certified by an independent body per USDA requirements, or (b) the grower’s or processor’s revenues are less than $5,000 per year. For processed foods, the processor must have an organic certificate from USDA. The product can then bear organic labeling only if it is comprised mostly of certified organic ingredients. Any non-organic ingredients in the product must be on an “approved” USDA list. Unsurprisingly, USDA organic certification standards don’t exist for marijuana, and it’s not on the “approved non-organics” list either.

It’s clear that the use of the term “organic” is not currently permitted for marijuana flower or for foods containing marijuana or its constituents in any form. In addition, Washington’s I-502 regulations say marijuana products may not be labeled as organic unless they comply with the USDA organic program. Which they can’t do, for now.

Labeling compliance challenges are rampant in the marijuana marketplace. This is one of easy ones.

Thanks to Chris Van Hook, Esq. of Clean Green Certified  for his help on this post.

Photo of Anne Glazer Anne Glazer

Anne Glazer is a leading intellectual property, marketing, distribution and food/beverage/cosmetics  lawyer. Anne handles the broad range of product development, branding, marketing, sales and distribution issues. She regularly works with clients of all sizes, from startups to Fortune 500 companies.

Anne works with…

Anne Glazer is a leading intellectual property, marketing, distribution and food/beverage/cosmetics  lawyer. Anne handles the broad range of product development, branding, marketing, sales and distribution issues. She regularly works with clients of all sizes, from startups to Fortune 500 companies.

Anne works with clients to manage their legal costs through strategy development, prioritization, cooperation with in-house staff, creative fee arrangements, managing to budgets, and client staff training.

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