Canna Law Blog

Colorado has recently been getting media attention regarding a proposed ban on edibles and concern for kids being given “pot candy” for Halloween. The talk of a proposed ban on edibles in Colorado came after the Colorado Department of Revenue’s Marijuana Enforcement Division work group met last week to discuss House Bill 14-1366, which was introduced in April of this year. The subheading of this Bill is “Concerning Reasonable Restrictions on the Sale of Edible Retail Marijuana Products.” At their meeting, Jeff Lawrence of the Colorado Department of Public Health and Environment recommended that retail marijuana edibles be limited to lozenges and tinctures, eliminating the vast majority of edibles now available in Colorado. If signed into law, this Bill would take effect in 2016. Colorado already has new regulations slated to take effect in February of 2015 that will limit the dose of THC in edibles to 10 milligrams per serving and require child-resistant packaging for many products.

Colorado’s talk of eliminating most edibles came at about the same time as the release of a Denver Police Department video highlighting the need for parents to make sure that their children’s halloween candy does not contain cannabis. The Denver Police video and the overall fear of cannabis-tainted Halloween candy gained considerable media traction when The New York Times ran a article on the subject.

And who can forget Maureen Dowd’s New York Times piece on her experience eating too much cannabis?

We are not surprised by all the commotion regarding edibles as this is the first Halloween since recreational marijuana became legal in any US state, though we are skeptical regarding the Halloween candy risk. We are convinced, however, that there will be an overall tightening of regulations regarding cannabis candies and that we can expect to see a spate of product liability lawsuits stemming from edibles.

If you are involved with marijuana edibles, we advise that you act now to protect yourself and your customers by using effective and safe packaging and labeling. Your packaging should be child-safe and your labeling should clearly list ingredients are and serving sizes. For more on this, we urge you to check out the following:

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The Canna Law Blog™ is a forum for discussion about the practical aspects of cannabis law and how it impacts those involved in this growing industry. We will provide insight into how canna businesspeople can use the law to their advantage…

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Please be mindful that possessing, using, distributing and selling marijuana are all federal crimes and that this blog is not intended to give you any legal advice, much less lead you to believe that marijuana is legal under federal law.