Marijuana-infused hair care products—ranging from shampoos and conditioners to serums and masks—are part of a rapidly expanding wellness and beauty category. Yet, despite their popularity, brands in this space face a patchwork of regulations that require careful attention to remain compliant.

At the federal level, marijuana hair care products are typically regulated as cosmetics under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Unlike drugs, cosmetics do not require premarket approval, but they must not be adulterated or misbranded. Products must include compliant labeling that identifies the product, lists ingredients, displays net contents, and includes the manufacturer’s name and address.

MoCRA introduced new compliance obligations for cosmetic companies. The “responsible person” listed on the label must report serious adverse events to the Food and Drug Administration (FDA) within 15 business days and maintain adverse event records for six years. The law also requires national facility registration, product listing, and adherence to forthcoming Good Manufacturing Practices (GMPs). These changes have elevated accountability and safety expectations across the personal care industry.

Color additives represent another key compliance point. Only colorants approved by the FDA may be used, and several must be batch-certified. Using unapproved or uncertified colors can render a product misbranded, regardless of its other ingredients or claims.

When it comes to cannabis itself, the 2018 Farm Bill legalized hemp containing no more than 0.3% delta-9 tetrahydrocannabinol (THC) by dry weight. As a result, most compliant marijuana hair care products rely on hemp-derived CBD or hemp seed oil. While the FDA does not currently recognize CBD as a dietary supplement or food additive, it allows its use in cosmetics—provided the products are safe, properly labeled, and make no therapeutic or medical claims. Hair care products must therefore focus on cosmetic benefits like hydration or shine, avoiding any claims to treat disease or medical conditions.

The Federal Trade Commission (FTC) enforces truth-in-advertising standards, ensuring that marketing claims about product performance or benefits are not misleading. Companies must substantiate all claims with credible evidence and avoid exaggerated or unverified health promises.

At the state level, regulations vary widely. California allows hemp-derived CBD in cosmetics under Assembly Bill 45 but enforces Proposition 65 warnings for products that may expose consumers to THC. New York’s Cannabinoid Hemp Program mandates detailed labeling, including batch numbers and scannable QR codes linking to lab certificates of analysis. Several other states are implementing similar testing, labeling, and consumer-warning requirements, especially as new cannabinoids such as delta-8 THC draw regulatory attention.

For national brands, the safest approach is to comply with the most stringent standards across all markets. That means maintaining certificates of analysis for every batch, following MoCRA and GMP guidelines, using permitted additives, and tailoring product claims to fit cosmetic—not medical—categories.