Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Monday, October 20, 2014

Colorado Health Official Advocates Ban on Most Marijuana Edibles

150px-Cottgrov-logo_svgTHE DIRECTOR OF COLORADO'S DIVISION OF ENVIRONMENTAL HEALTH AND SUSTAINABILITY is recommending a statewide ban on most pre-produced marijuana edibles.  Jeff Lawrence, who heads the DEHS division of the state Department of Public Health and Environment, is part of a working group making recommendations on Colorado House Bill 14-1366.  That bill is aimed at increasing regulation on marijuana edibles.

Lawrence issued his call on his Recommendation Form to the working group.  Here's the key part of the proposal:

Describe the Recommendation:  Prohibit the production of retail edible marijuana products other than a simple lozenge/hard candy or tinctures that are plainly labeled using universal symbol(s) and that users can add to their products at home. Hard candy/lozenges would be manufactured in single 10 mg doses/lozenges and tinctures would be produced and labeled with dosing instructions, such as two drops equals 10 mg.

In other words, Coloradoans could buy the tincture and use it in preparing their own foods, but could not buy pre-made candy, brownies, cookies, and other marijuana-laced goodies.  He provides his rationale here:

Please summarize the rationale for the recommendation – why is it important? To allow the production of retail marijuana edibles that are naturally attractive to children is counter to the Amendment 64 requirement to prevent the marketing of marijuana products to children. The intent of the Amendment and subsequent laws and rules was to decriminalize the use of retail marijuana, not to encourage market expansion within the marijuana edibles industry that subsequently create potential consumer confusion or mixed messages to children.

The intent of producing edible products (marijuana infused or otherwise) is to make them attractive to consumers. Attempts to mask this attractiveness through the use of post hoc labeling on market-targeted edible products are contradictory and any assumed effectiveness would be suspect. Disallowing the production of a limited scope of certain products supports the requirements of Amendment 64, including the prevention of marketing or the provision of the marijuana-infused products to children.

Edibles groups are already up in arms, and some legislators are questioning whether Amendment 64 would allow such restrictions.   The proposal is likely to get at least some traction, however, as aggressive rollouts of new edibles and advertising campaigns show signs of being attractive to children.  Cigarette and liquor companies, remember, got a lot of blowback when they were accused of targing advertising to teens.

October 20, 2014 in Edibles, Legislation, Recreational Marijuana, State Regulation | Permalink | Comments (0)

Thursday, October 16, 2014

The "Myth" of Pot-Infused Halloween Candy

AaAS WE NOTED HERE earlier, the Denver Police are warning families to beware of marijuana-spiked candy edibles this Halloween.

Over at Forbes, Jacob Sullum has a nice piece on " The Mythical Menace Of Marijuana-Infused Halloween Candy," where he argues -- quite correctly, I think -- that this kind of Halloween scare is used by marijuana opponents in an attempt to make parents afraid of the drug and those who take it.  He also points out that despite the availability of marijuana in medical form for years -- and, I would add, the availability of relatively cheap illegal marijuana basically forever -- no one has ever found a marijuana-laced piece of Halloween candy in a kid's bag.

He's right that there's very little chance that this would happen.  My point is merely that it will take only one comatose toddler in the ICU to undo an awful lot of the work that's been done over many years to un-demonize marijuana, so we need to hope that no stoner suddenly decides it would be funny. 

October 16, 2014 in Edibles, Law Enforcement, News | Permalink | Comments (0)

Tuesday, October 14, 2014

Denver Police Warn Parents to Beware of Marijuana-Infused Halloween Candy

PROBABLY THE BEST WAY TO GET COLORADO TO REPEAL recreational marijiuana is to have some toddler make national news by going into convulsions after eating a marijuana gummy bear she got while trick-or-treating.  The Denver Police think it entirely possible that some stoner might be stupid enought to do that.  Anybody want to bet that they're wrong?  Here's the video:

 

Of course, if some teenagers get hold of this candy, it might not make it back to the house for Mom and Dad to throw out . . . .

 

October 14, 2014 in Edibles, Law Enforcement, Really Stupid | Permalink | Comments (0)