Maryland Cannabis Administration Issues Corrective Order to Manufacturer for Non-Child-Resistant Packaging (February 2025)

The Maryland Cannabis Administration issued a corrective order requiring a licensed manufacturer to recall and repackage six product lines after investigators found packaging that failed federally-incorporated ASTM D3475 child-resistant standards, including squeeze-and-turn caps that did not require simultaneous lateral pressure.

Background

Maryland Cannabis Administration (MCA) Regulation COMAR 14.17.05.12 requires all cannabis products to be packaged in child-resistant containers that meet or exceed the standards established under the federal Poison Prevention Packaging Act of 1970 (PPPA) and ASTM D3475.

Inspection and Testing

MCA compliance staff tested 18 product packaging formats from the respondent's manufacturing facility in January 2025. Six packaging formats — all using a squeeze-and-turn closure mechanism on concentrate cartridges — failed the ASTM D3475 Panel A child-resistant test because the closure could be opened by the test panel without applying simultaneous lateral pressure. This structural deficiency allows access by children who lack the fine-motor control to operate compliant child-resistant closures.

Corrective Order Terms

MCA issued Corrective Order MCA-CO-2025-009 on February 14, 2025, requiring the respondent to:

Immediately cease distribution of the six affected packaging formats
Issue a voluntary recall of all affected products sold within the preceding 90 days, with notification to all retailer licensees who received affected product
Submit a corrected packaging specification to MCA for pre-approval before re-introducing the product lines
Bear all costs of replacement packaging and re-distribution
Submit a written compliance report to MCA within 45 days

No Monetary Penalty

MCA declined to impose a civil monetary penalty at this stage, noting that the respondent voluntarily cooperated and had no prior packaging violations on record. A future violation of child-resistant packaging requirements will result in mandatory monetary penalties under COMAR 14.17.01.06.

Industry Guidance

Manufacturers should require packaging suppliers to provide ASTM D3475 test certification for every new closure design. Third-party child-resistance verification — separate from supplier certification — is strongly advised.