Baking with Mary Jane: Examining the World of Edibles
In early March, Robert MacCoun and Michelle Mello-- law professors at Stanford Law School-- wrote a Perspective article in The New England Journal of Medicine exploring the subject of edible marijuana products, otherwise known as edibles.
Presently, Colorado, Washington State, Alaska, and Oregon allow retail stores to display and sell these cannabis-based goods; however, many factors related to formulation and public distribution have been steadily creating concerns for consumers of all ages.
But wait… according to states with applicable drug policies, isn’t the legal age to use marijuana and its byproducts recreationally twenty-one? Yes, it is, but many companies that sell marijuana edibles make it difficult for children to distinguish ordinary candies from herb-laced, adult treats.
Photo Credit: Harvard Health Publications (Harvard Medical School)
As you can see in the example above, these product labels mainly target consumers over the age of twenty-one, but the shiny packaging may also attract the attention of children and young adults. To provide proof of this reality, MacCoun and Mello cite a recent study from Colorado detailing how children required emergency intervention after ingesting edibles.
Another concern of these products, which accompanies the increase of emergency department visits, is the possibility of tetrahydrocannabinol (THC) over-intoxication. Some of these cannabis-based goods contain 4x or more THC-- deeming it highly unsafe if consumed in large amounts for children as well as adults.
In the hopes of decreasing these occurrences, Colorado and Washington State have required companies of edibles to develop child-resistant packaging, include warnings (such as “keep out of reach of children”), and introduce labels describing typical serving sizes. However, neither state includes warnings about the side effects of ingested marijuana or requires packaging that is distinguishable from traditional food products.
Considering all this, you may wonder what the federal government thinks about marijuana edibles. In short, although marijuana is considered a highly addictive controlled substance according to the Controlled Substances Act (CSA), the Food and Drug Administration (FDA) has not shown any signs of interfering with edibles even though they contain marijuana, which is not considered a safe ingredient.
However, in the case of consumers being harmed by ingesting edibles, courts are still able to intervene. Yet, despite companies being threatened by personal-injury claims, these lawsuits may prove to be highly infrequent as well as inexpensive; thus, disallowing businesses to adopt responsible practices in the future.
Though don’t think edibles manufacturers are living their lives free of conflict.
Food companies, for example, are increasingly filing trademark infringement suits against cannabis-based companies who revise and reprint partially original logos as their own (such as the bars in the picture above). MacCoun and Mello hope that this looming threat of prosecution may decrease the possibility of children mistaking “adult goodies” for ordinary candy bars.
So, what’s the bottom line about creating, distributing, and selling marijuana edibles?
To avoid the possibility of minors ingesting marijuana edibles, MacCoun and Mello explain that states should adopt strong constraints on product formulation, packaging, and marketing as well as clearer labels detailing THC measurements, suggested serving sizes, and product warnings.
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Source: “Half-Baked -- The Retail Promotion of Marijuana Edibles.” The New England Journal of Medicine. Massachusetts Medical Society. 12 March 2015. 989-991. (PDF: http://www.nejm.org/doi/pdf/10.1056/NEJMp1416014)