When Colorado legalized recreational marijuana use earlier in 2014, it also opened the door for food products infused with the drug to anyone over the age of 21. That means a whole set of bakers and food companies have to ensure new products aren’t contaminated with foodborne pathogens. And they have to make sure they’re falling into the hands of children or are too potent to eat.
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So far, state regulators and legislators have been fairly proactive, earning the praise of public policy think tanks like the Brookings Institution. A recent report applauded the state, saying “its early implementation efforts have been impressive,” while noting that it still had a ways to go when it comes to edible marijuana.
Recently, problems with marijuana potency, either being too strong or too weak, have made headlines, and turned into public relations headaches for the marijuana industry. Some eager, inexperienced consumers have overindulged on the pot-infused food and then showed up in emergency rooms sweating and paranoid. Edibles were linked to the death of a Wyoming college student in Denver.
“There’s been anecdotal evidence that some of the new consumers in the legalized market were not very well informed in terms of how to safely take that product,” said Lewis Koski, director of the Colorado Marijuana Enforcement Division.
But that’s not because of a lack of information on labels. State law already requires a paragraph of information be included on packages. Colorado’s been rolling out rules for the edible marijuana sector in big batches for almost a year now. Regulators dropped a big set of what they call “emergency rules” on August 1, which spell out serving sizes, limited to 100mg of THC per product, and new required warning messages on labels.
But adding even more notes to packages of THC-infused chocolate and granola bars won’t likely increase safety, Koski said.
“If you continue to put other warnings on there you have to really question whether or not that becomes effective as a means to really educate a consumer,” Koski said.
Most of the dosage education has fallen to the pot shops themselves. Brendon Greney works behind the counter at Organic Alternatives, a recreational and medical marijuana store in Fort Collins, Colo. Greney is a “budtender,” as in marijuana flower buds. Even though labels are packed full of information, Greney said most people don’t read them. He views himself as an educator.
For instance, when a customer asks about orange flavored THC-infused liquids in little spray bottles -- like a breath freshener – Greney walks them through an appropriate dose.
“I don’t know what your tolerance is,” Greney said to a customer. “It varies by the individual and metabolism. But 10 milligrams is what we recommend.”
The shop is filled with other items, too, including granola bars, lollipops and gummy bears. Many edibles stick to the sweets, with candies and chocolates dominating store shelves. But as marijuana acceptance spreads, entrepreneurs are testing the limits of consumer tastes. A pop-up food truck has dished out THC-infused pulled pork sandwiches.
“This is fun. It should be fun,” said Greney. “And I think it’s safe if consumed and used the right way and this gives us an opportunity to share that information with people. It’s not some scary back alley thing.”
Organic Alternatives is fielding questions from customers that span not just the United States, but the entire globe. Open for recreational sales since the end of June 2014, the store has already had visitors from all seven continents. Yes, even Antarctica. The store said a researcher based at a substation there recently stopped by.
“It’s really our job and our responsibility to educate them and let them know, this is a lot different than what your friend made in the ‘60s,” said Organic Alternatives manager Maka Kalaí.
The relatively young industry of edible marijuana manufacturing is still learning lessons in professionalism and good business practices. Before Jan. 1, these food companies operated in a legal gray area in Colorado, serving medical marijuana patients, not the general public. Now they have to think about new concerns like food safety.
In a Denver conference room, that transition from underground market to a more established, respected one is on display. It’s set up like a classroom. The students all have one thing in common. They’re making, testing and selling edible marijuana.
“Today is not a cannabis cooking class. It’s about food safety,” ServSafe trainer Maureen McNamara tells the room. ServSafe is a food safety training used widely in the restaurant and hospitality industry.
For years McNamara has taught kitchen staff how to wash their hands and keep food at the right temperature. But just recently she started a side business to pass along the same information to people making food infused with THC, calling her enterprise “Cannabis Trainers,” with classes on food safety and proper in-store education from budtenders.
Trainings like McNamara’s are mandatory for pot-infused food preparers. Edibles makers also have to test their products for potency, molds, and foodborne pathogens. Any violations handed out by the state could put them out of business.
“As someone who eats food, and as someone who has eaten food with THC in it, I very much want to know what it is that I’m eating. What am I putting into my body?” said Monique Nobil, director of marketing for Julie and Kate Baked Goods, a Denver-based THC-infused granola producer.
It’s in the best interest of marijuana food manufacturers to make sure first-time consumers have a good experience, Nobil said. The growth of the industry depends on it. The company’s granola packages are sold with a card telling consumers to “Start Low, and Go Slow.”
“You want to do it in a way that’s responsible,” Nobil said. “So that you know your end product is what you say it is. And so your consumer knows exactly what it is.”
With the drug still illegal at the federal level, Colorado is wading into uncharted regulatory territory.
“This is the direct result of taking a product that used to exist on the underground market and putting it into a legal regulated one,” said Taylor West, deputy director of the National Cannabis Industry Association.
“Now we have the impetus to do things like trainings to be sure that everything is being handled in a professional manner,” West said. “You don’t have that in an illegal market.”
Creating a legal, regulated market though has presented some challenges. Regulators worried pot candies would appeal to children, so they forced all foods to be sold in child-resistant packages. Washington state, also working to establish rules for a recreational marijuana industry, has banned marijuana-infused candies, but allows baked goods and bottled drinks.
While Colorado and Washington attempt to create standards for the recreational marijuana sector, other states are watching closely.
“I would think for any state that is looking to go down that path, they’d be crazy not to look at Colorado and look at the successes and look at the places where we’ve had to tweak things,” West said.
