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CO MJ Edibles Group Adjourns–No Consensus; Industry Has Some Things to Ponder

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This news just came out of yesterday's meeting of a Colorado working group on marijuana edibles:

"Colorado's first attempt at better regulating edible marijuana products ended in discord Monday when a working group on the issue adjourned without reaching a consensus.

Instead, the working group – which had been meeting for months – decided to submit more than a dozen different and often conflicting ideas for new regulations to the legislature, which will re-argue the issue beginning in January.

"It's a wide-open game starting Jan. 7, when we get back in session," state Rep. Jonathan Singer, D-Longmont, said Monday at the conclusion of the working group's final meeting." (Reported by The Denver Post)

Edibles are a potential fly in the "legalize marijuana" ointment, in my opinion. They have drawn national attention with several high-profile, negative experiences among people consuming higher-than-recommended doses. And, attention also has been drawn to the fact that many manufacturers create edible products that look identical to popular candies (that are sold to children) and other products (muffins, bars, etc.) on the market. Even sodas containing THC are sold. Some emergency room doctors have reported a higher number of emergency room visits from accidental marijuana consumption. (I've seen several different reports, but here's one.)

Colorado's Marijuana Enforcement Division has worked to establish new regulations that best protect consumers and children, including setting maximum THC levels (10 mg per serving), with the total amount of THC (a maximum of 100 mg) labeled clearly on the packaging. The new regulations also require clearly demarcated (and easily separable) "servings"–so "scoring" of a chocolate bar, for example (similar to a Hershey's bar)–or some way to establish what is considered "one serving."

Packaging must be opaque and child proof. Companies must be in compliance with the new regulations by Feb. 1, 2015.

The Colorado Department of Public Health and Environment also had made a recommendation in October to ban the sale of most edible products, a recommendation which was quickly abandoned.

The industry seems to be somewhat split on the issue of how far regulations should go, with some supporting more regulations and others finding them to be too intrusive and suggestive that consumers can't be responsible for themselves and the products they bring into their homes.

However, I've had some interesting discussions recently with edibles packagers and manufactures, and one point stood out in my mind: The more marijuana edibles look like regular consumer candies and foods, the greater the likelihood they will be confused with non-marijuana-containing products. (And the greatest fear being that they are mistakenly ingested by children.) It will only take one or two high-profile incidents–and heaven forbid a child is actually severely injured by an accidental consumption–to bring an iron fist down on the edibles industry, perhaps wiping it out completely.

It seems a proactive approach is not only good for consumers, but for the industry. Child-proof packaging is a major step toward safety. But product design in itself (do marijuana-infused candies really need to be made to look exactly like other candies that are largely sold to children?) is another that I feel the industry should think very carefully on. Marketable products are one thing, but the risks involved with marketing products that mimic children's favorite candies is another.

We'll all have to stay tuned to find out what happens with Colorado edibles regulations early next year, but in the meantime, I think the industry has a lot to think about for its long-term future as a truly responsible business.

What do you think? What other solutions are there?

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