An official with the Colorado Department of Public Health and Environment has recommended eliminating sale of marijuana-infused cookies and candies to a 22-person board considering refinements to the state’s law governing legalized marijuana. Jeff Lawrence issued the proposal that would limit sales of edibles to lozenges and liquids (tinctures).
“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,” Lawrence’s recommendation read. “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 power to restrict pot sales lies with the state’s Department of Revenue, not the Department of Public Health and Environment. No changes to the law are expected in the short-term.
Rachel Gillette is a Boulder County lawyer whose practice focuses on marijuana-related businesses. She thinks the proposal to limit the types of edibles available to the public is excessive, would potentially hurt consumers and businesses and may not be constitutional.
She said the proposal is likely a response to a measure being considered by the Colorado House of Representatives (HB-1366) that seeks to clarify labeling requirements for products containing marijuana. “That’s a labeling bill,” she said.
No one is opposed to improving the information on packaging said Gillette. who also serves as the executive director of the Colorado branch of NORML
“A ban (limiting the types of edibles available for sale) would hurt medical marijuana patients and responsible consumers,” Gillette said. “It’s in everyone’s best interest — consumers and businesses — to clearly label these products. The intent is to protect people from unintentionally taking something. We are all behind the idea of protecting people from unintentional consumption.”
Marijuana.com will be updating this story as details emerge.
Click the link to read a report on the proposal to restrict the sale of edibles in Colorado.