Search results: marijuana

I’m trying to keep up with what’s happening with Cannabis edibles and drinkables, still with borderline legality in most places, but gradually working their way to supermarkets near you.

Here’s what’s come up lately.

• The FDA is calling a public hearing on May 31 and asking for comments on Cannabis products.
• The Washington Post discusses the messy regulatory situation.
• Cannabidiol (CBD), extracted from hemp, does not have the psychoactive properties of marijuana.
• The 2018 Farm Bill legalized the raising of hemp, which contains CBD.
• On the local level: regulators in different agencies view regulation in different ways.
• On the global level: different countries are handling regulation of these products in different ways.
• CVS will be selling CBD products as over-the-counter drugs.
• As for edibles, CBD-infused water is predicted to be the big seller.
• The Sacramento Bee reported what happens when kids get into their parents’ marijuana edibles; it called for childproof packaging.
• A video from Fresno County shows unlicensed marijuana edibles, some of which look like candies aimed at children.
• The FDA will hold a public hearing on the safety, manufacturing, quality, marketing, labeling, and sale of Cannabis products on May 31.

And then there are the health claims.  As early as 2017, the FDA sent out warning letters to makers of CBD products; they were marketing their products as drugs not supplements or foods.

For example, the FDA sent a letter to That’s Natural, complaining that the company published testimonials saying things like this:

• “Scientific research by doctors have shown it actually kills cancer cells and provides a protective coating around our brain cells.”
• “as a Type 1 diabetic, my blood sugars have noticeably leveled off.”
• “My blood pressure and heart rate have also significantly improved as well.”

The FDA also sent a letter to Green Roads of Florida objecting to claims like these:

• “CBD .[has] anti-proliferative properties that inhibit cell division and growth in certain types of cancer, not allowing the tumor to grow.”
• “Almost all studies recognize CBD’s potential in preventing both cancer spread and growth…”
• “The following are some of the many ailments CBD oil can potentially be therapeutic for:  asthma, Alzheimer’s disease, arthritis, autism, bipolar disorder, various types of cancer….

Food, medicine, supplement, or snake oil?  We shall see.

As decriminalization of marijuana use proceeds steadily, I am seeing more attention focused on cannabis-infused edibles.  These are now produced commercially by businesses that go well beyond brownies.

Pediatricians, as I’ve discussed previously, are worried about kids eating them.

These days:

• Edibles account for half of cannabis sales.
• Baked goods alone account for 10% of cannabis sales.
• The total cannabis market is projected to reach $27 billion this year.

But in Colorado, where such things are legal, producers are complaining that the regulatory environment is so difficult that they can’t make a profit.

According to a report in the industry newsletter, Bakery and Snacks, the profit problem was the focus of an education session at a Las Vegas conference on “The Future of Wholesale Baking with Marijuana,” conducted by two producers of infused edibles, Sweet Grass Kitchen and Love’s Oven.  Their gripes:

• “Regulations are killing the business.”
• “The leftover cannabis after extraction…has to be destroyed by bakery employees on camera, and locked in a compost container and sent to a compost facility.”
• “Licensed marijuana bakers have to pay around $16,000 per month to the State of Colorado and the City of Denver for product testing conducted by a verified third-party laboratory.”
• The labeling requirements are onerous: “It’s very difficult to stamp a baked good like a chocolate chip cookie. We don’t make Oreos. This new law has forced us all to spend a lot of capital on new machines and capabilities that are way above what a non-infused bakery of our size would typically have.”

Startups are always hard.  But with half of $27 billion at stake, and more and more states considering legalizing the stuff, I can see why they are hanging in there.

While we are on the topic, a new paper in JAMA reviews statistics on marijuana use in the U.S. and reports 7000 new users a day, and rising.  It calls for better surveillance of how much is used, and how.

I will be watching the use and the business of edibles with much interest.

JAMA Pediatrics has just published a report that cases of marijuana intoxication in young children has increased since the drug was legalized in Colorado.  The authors are careful to note that the number of cases is small relative to those that occur in kids consuming pharmaceutical drugs or household cleaning products, but the trend is not good.

Nearly half the cases occurred in kids eating foods in which THC (tetrahydrocannibinaol) is a prominent ingredient:

Known marijuana products involved in the exposure included 30 infused edible products (48%): 17 baked goods (cookies, brownies, and cake), 10 candies, and 2 popcorn products…. Ingestion of edible products continues to be a major source of marijuana exposures in children and poses a unique problem because no other drug is infused into a palatable and appetizing form. These palatable products are often indistinguishable from the noninfused products.

Dosing a drug in a “serving size” less than typically recommended for an equivalent food product also can be a source of confusion. For example, a marijuana chocolate bar can contain multiple 10-mg THC single-dose units. In adults, overconsumption of edible projects is associated with an increase in ED visits resulting from dysphoric reactions, panic attacks, and anxiety. Edibles have also been blamed for 3 adult deaths in Colorado.

Pot-laced popcorn?

One concern is that the infused edibles look like normal foods.  You have to read the fine print to see the THC label.

And they are not likely to go away.  THC-edibles are big business.  They accounted for 45% of marijuana sales last year, according to the Denver Post.

Dr. Christopher Colwell, chief of emergency medicine at Denver Health Medical Center…estimated there was a fivefold to tenfold increase in the number of patients — including a sharp rise in the number of adolescents and teenagers — arriving at the hospital after consuming part or all of a marijuana edible.

Colwell said he expected an increase in the number of marijuana cases. But he said he was surprised and concerned with the higher potency of THC in the edibles and the more severe symptoms it can cause.

Users: be careful.

Parents: keep the brownies away from kids.

I’m guessing we will be hearing  a lot more about this issue.

I haven’t said much about cannabis edibles for a while, but here’s some of what’s happening.

In the UK

• An ‘historic’ moment for CBD industry as UK Gov sets legal THC limit: The UK Government has finally accepted a set legal THC limit for CBD products in an ‘historic’ move that aims to bring some legal clarity to the industry, but an expert warns there are some muddied waters yet to be cleared…. Read more
• ‘It’s imperative to recognise that not all CBD is created the same’: CBD players digest potential ‘dagger-blow to the UK industry’:  In a move that has potentially far-reaching implications for the CBD industry in the UK, the Food Standards Agency has issued new precautionary advice, recommending healthy adults should limit their consumption of CBD from food to 10mg per day, down from the 70mg level recommendation set in 2020…. Read more
• UK CBD brand Trip announces ‘best week of sales ever’, despite shake-up in FSA guidance: New advice published by the UK Food Standards Agency (FSA) earlier this month recommends adults should limit their CBD consumption from food to 10mg a day. But TRIP – the company boasting the country’s top selling CBD drink – reports record sales over the last week: saying this illustrates “consumers’ confidence in superior quality CBD.” So how could the CBD drinks market shape up moving forward?… Read mor
• Industry demands closure to CBD regulation stalemate: The Association for the Cannabinoid Industry (ACI) has published a report calling on the Food Standards Agency (FSA) and the Home Office to work together to end the regulatory stalemate threatening the sector…. Read more

In the US

The New York State Office of Cannabis Management’s list of dispensaries.

New York’s Housing Works Reports $24 Million in Sales. New York City‘s first legal adult-use dispensary, Housing Works Cannabis Co. logged $24 million in sales in its first year of business. That’s a significant portion of the $137 million in sales that the New York Cannabis Control Board reported for the entire state as of early December, according to its annual 2023 report.

New flavors, formats driving cannabis-infused food and beverage products: The Jones Soda brand has its sights on new products, including a new candy launch, as national efforts mount to reclassify marijuana.

Magnolia Bakery has weed edibles now. But you can’t buy them in New York: New York City’s iconic Magnolia Bakery, which is famous for its cupcakes and banana pudding and is often the first stop for legions of tourists, announced a new lineup of THC treats on Wednesday. However, none of them will be for sale at any of Magnolia’s eight locations in the city — or anywhere in New York state, for that matter….in New York, retailers selling THC products must be licensed by the state’s Office of Cannabis Management.

Research

Cannabis-Related Disorders and Toxic Effects. N Engl J Med 2023; 389:2267-2275.  DOI: 10.1056/NEJMra2212152: Heavy cannabis use has adverse effects on physical and mental health. Research is needed to better elucidate the pathophysiology of these effects and develop better treatments.

Congressional Research Service.  Farm Bill Primer: Selected Hemp Industry Issues: The 2018 farm bill further directed the U.S. Department of Agriculture (USDA) to create a framework to regulate hemp cultivation under federal law and facilitate commercial cultivation, processing, marketing, and sale of hemp and hemp-derived products. USDA published its final hemp regulations in 2021. Other 2018 farm bill provisions made hemp producers eligible for federal crop insurance and agricultural research programs. Congress may consider further amendments as it debates the next farm bill.

I received an email from the American Kratom Association, an organization I did not know existed. (now, I do).

Landmark Bipartisan Bill Regulating Kratom in the United States Introduced in Congress

Bill will ensure consumers have continued access to safe, regulated kratom products

The American Kratom Association is elated to announce Federal Kratom Consumer Protection Act legislation has been filed in both the Senate and House. This is a monumental moment for kratom consumers and a significant step towards protecting the rights of millions of Americans. The fight is far from won, but we are only arriving at this exciting event because of the support of so many amazing advocates.

What is kratom?  It depends on whom you ask.

The American Kratom Association says:

Kratom is a plant that has been used safely for centuries in Southeast Asia and in the United States since the early 1970s. ..for a variety of health and wellness purposes, including for an energy boost, increased focus, reducing anxiety, and as a personal harm reduction tool for managing acute and chronic pain.   [see KratomAnswers.org for details]

The U.S.  Drug Enforcement Administration agrees that Kratom has a long history of use in Southeast Asia.   But, it says,

Consumption of its leaves produces both stimulant effects (in low doses) and sedative effects (in high doses), and can lead to psychotic symptoms, and psychological and physiological dependence….In the U.S., the abuse of kratom has increased markedly in recent years…The FDA has not approved Kratom for any medical use. In addition, DEA has listed kratom as a Drug and Chemical of Concern.

The FDA says kratom is an unapproved drug and writes cease-and-desist letters to its sellers.

This begins to sound  just like what’s going on with hemp and marijuana in New York State (see yesterday’s post).

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For your calendar tomorrow:

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I live in weed city.  Within walking distance of my Greenwich Village apartment are at least ten outlets selling CBD and Delta-8-THC edibles—gummy candies, baked goods, drinks, treats for cats and dogs.

The nearest one opened in mid-November near the 8th Street subway stop to great fanfare.

It did not last long.  Late in the afternoon of December 28, I saw several police in the store supervising the removal of products to large garbage bags on the floor —a raid.  The next day, the store looked like this.

As it turns out, the raid was no coincidence.  The very next afternoon, Housing Works Cannabis, New York State’s first licensed recreational marijuana store, opened half a block away.

What a scene!  The lines to get into it circled the entire block.

Once things settle down and I can get into the store, I will report on its edible selection and prices.  Stay tuned.

In the meantime for your amusement, here’s what the FDA says about CBD edibles.

It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.

To the question, “Can THC or CBD products be sold as dietary supplements?” the FDA has a simple answer: “No.”

How’s that for food politics!

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Cannabidiol (CBD), the non-psychoactive component of marijuana, has made its way into the food supply in the form of CBD edibles, CBD water, and CBD pet and animal food.

The legal status of these products continues to be fraught with uncertainty, not least because CBD products sometimes contain the psychoactive components of marijuana hemp .  Some recent examples:

• FDA Warns Four Companies for Illegally Selling CBD Products Intended for Use in Food-Producing Animals. The companies include Haniel Concepts dba Free State Oils, Hope Botanicals, Plantacea LLC dba Kahm CBD and Kingdom Harvest. While the FDA does not know the current extent of CBD use in food-producing animals, the agency is taking steps regarding these unapproved and potentially unsafe products now to help protect animals and the safety of the food supply.
• Fruit snack or edible? Study finds some cannabis products look like popular snacks. Some cannabis edibles look remarkably like popular snack foods and may be easily confused for them, finds a new study led by researchers at NYU School of Global Public Health published in Drug and Alcohol Dependence.  These “copycat” edibles also have levels of tetrahydrocannabinol or THC—the main psychoactive compound in cannabis—that far exceed the limits set by state cannabis regulations.
• Majority of CBD products tested in [a German] study found to have at least some THC.  A new study that sampled dozens of commercially available CBD products found detectable THC levels in 64% of them. Some levels were high enough to approach therapeutic thresholds or to potentially trigger drug test failures….Read more
• [A Kentucky] Study: Many CBD products would trigger doping bans.  Almost a third of 23 tested CBD products contained traces of banned cannabinoids at levels that would have provoked doping infringements, according to a just-published study….Read more
• StatNews: THC ingestion by young kids highlights the need to tighten inadequate packaging regulations.  Tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana, is finding its way into the hands and mouths of young children via products packaged and labeled in ways that bear striking resemblance to famous candy and other snack products known to appeal to children.
• CBD: The ultimate celebrity side hustleWhether they’re an investor, founder or spokesperson, public figures such as athletes and actors are benefitting from CBD’s therapeutic properties –and its ability to bring in the dough…. Read more

It’s not easy to track the food politics of Cannabis.  New edible and drinkable products are entering the market all the time, and the FDA still hasn’t gotten around to issueing regulations that anyone can understand.

I’ve been getting email PR for drinkables, for example:

• All-natural Wavze CBD Water Enhancers; CBD water is the new wave of consuming cannabinoids, made by infusing water with CBD particles. The water-soluble CBD plays into bioavailability, allowing the product to be absorbed more efficiently and adding versatility…Nanotechnology found in Wavze with particles as small as .01-100 nanometers, on the other hand, has proven to improve nutrient delivery…Available in three flavors – lemonade, coconut and lime, dragonfruit [in shot-size bottles]…Price: $25.00 (10mg squeeze bottle).
• CBD sauces:  These include things like Loud Grandma CBD Chili Crisp Oil, advertised as “a little fruity and funky…not crazy hot, but it packs a flavorful punch when used on leftover rice or spooned over scrambled eggs. Each teaspoon is a 10-milligram dose of CBD;” Potli’s CBD Feel Good Honey, “crafted with raw, wildflower honey harvested in California and infused with 10 milligrams of CBD per teaspoon…Maybe try it in a Gold Rush?; and Hot Sloth CBD Hot Sauce made with white miso paste, fermented plum, dragonfruit, habanero and 15 milligrams of CBD per teaspoon.
• CBD from orange peels: A different CBD story:  A new CBD made from orange peel could signal a breakthrough for the industry and offer access that was once unimaginable…. Read more

But the market may not be doing all that great.  Theft and fraud are major concerns:

• Does a drop in CBD sales signal dwindling consumer interest, or is it a classic ‘crossing the chasm’ moment?  With US retail sales of cannabidiol-infused foods, beverages and supplements declining sharply in the past year and some early-adopters souring on the ingredient after experiencing lackluster ‘results,’ some players in the space are discontinuing their CBD products or formulating new ones without it. 
  
•  Thieves are stealing California’s scarce water. Where’s it going? Illegal marijuana farms:  As drought grips most of California, water thefts have increased to record levels. Thieves tap into hydrants, pump water from rivers, and break into remote water stations and tanks.

So is lack of regulation

• The passage of the 2018 farm bill has created an unregulated THC market, and Congress is not rushing to fix it. FiveThirtyEight has more.

Mitch McConnell didn’t know what he was doing when he passed the 2018 Farm Bill. The bill included his provision that legalized industrial hemp, a form of cannabis that can be made into a wide variety of products including cannabidiol, a non-intoxicating cannabis compound commonly called CBD. That part was intentional — the law quickly launched a multi-billion dollar industry that put the once-obscure CBD compound into lattes, seltzers and hundreds of CVS stores across the country.  But after three years it appears one of the law’s biggest impacts was entirely unintentional: It accidentally created a booming market for synthetic THC, marijuana’s primary intoxicant.

The FDA is AWOL according to Politico.

The FDA’s original mission, in the words of acting FDA Commissioner Janet Woodcock, centered on “frustrating the sale of products peddled by frauds, charlatans, and careless companies.” But it isn’t doing that, and it hasn’t for a while now…when it comes to the non-prescription products that tens of millions of Americans buy every day — and which underlie a vast and growing industry — the agency is far less focused and effective, and in some cases, totally absent…the FDA’s failure to act is not only dangerous for consumers; it’s deeply damaging to the legitimate companies that are forced to compete with those that are reckless or worse.

Health Affairs, with support from the Robert Wood Johnson Foundation, takes a serious look at CBD policies and the lack thereof.

• Cannabis Liberalization In The US: The Policy Landscape: State cannabis policies are inconsistent across jurisdictions and often conflict with federal policy. Policy makers should adopt an approach to cannabis liberalization that addresses these inconsistencies, improves the safety of cannabis supply, and combats health disparities and other inequities.
• Cannabis legalization In The US: Population Health Impacts:  Evidence regarding the effects of recreational cannabis legalization on public health is inconsistent. Future research should assess heterogeneous policy design, differential effects on population subgroups, and effects related to characteristics of legal cannabis supply.