Colorado made history when it opened up . Aside from just legalizing the purchase of smoke-able marijuana, it also means pot brownies have the potential to be big business.
Food products infused with marijuana鈥檚 psychoactive ingredient, THC, are available in stores across the state.
Marijuana, though, is still considered illegal by the federal government. The existing food safety system, which relies heavily on support from federal agencies, can鈥檛 ensure that marijuana-infused foods are safe.
Colorado鈥檚 marijuana regulators, located within the Department of Revenue, continue to roll out new standards for the recreational marijuana industry. The most recent batch focuses attention on food safety, minimum sanitary standards, labeling guidelines and laboratory testing requirements. Essentially, the state is building an entire regulatory structure from scratch. And other states are taking notice.
But just as important, owners of marijuana-related businesses say, is for this burgeoning industry to learn how to regulate itself.
鈥淲e鈥檙e a new industry,鈥� said Christie Lunsford, marketing and education director for Dixie Elixirs, a manufacturer of foods infused with THC. 鈥淲e are under a microscope. Even my competitors, who are food novices -- they really care about providing for the consumer and making sure they鈥檙e safe.鈥�
The market for edible marijuana products is only expected to grow with the drug鈥檚 new legal recreational status in Colorado. Dixie Elixirs offers THC-infused sodas, chocolates, truffles, chews, mints and tinctures. Other companies churn out baked goods, granola bars and butter. At one point there was THC-infused beef jerky on the market.
鈥淪o it really is a companion plant, whether it鈥檚 used medicinally or for it鈥檚 lovely intoxicating features,鈥� Lunsford said.
Dixie鈥檚 main production facility can barely keep up with orders, Lunsford said. Because marijuana is now open to the general public, instead of off-limits to anyone without a state-sanctioned medical marijuana card, state officials decided the rules and regulations needed to tighten.
The standard labels of 鈥渃onsume at your own risk,鈥� and 鈥渂uyer beware,鈥� fell short.
Like any food company, Dixie Elixirs is worried about getting people sick. Unlike other companies, the FDA so far wants nothing to do with foods that include marijuana. That could change eventually, as , but for now the drug, and the foods that contain it, remains in a tricky legal limbo.
Colorado鈥檚 marijuana regulators, essentially, have to create a new state-run food safety system to ensure that the now-legal THC-infused foods are safe.
To craft the new rules, Colorado鈥檚 Marijuana Enforcement Division convened a series of meetings last fall meant to bring together experts in food safety and regulation. Edible products manufacturers, public health officials, state regulators and laboratory owners came together to find common ground on the new rules. Regulators have started to implement some of the rules born from those meetings and plan to phase in other rules throughout the year.
The state Department of Public Health and Environment has been reluctant to take any kind of regulatory role with marijuana. A portion of the Department鈥檚 budget comes from the federal government. That means the lion鈥檚 share of the enforcement and creation of the industry鈥檚 rules comes from the small Marijuana Enforcement Division, within the state鈥檚 Department of Revenue.
鈥淭o a large extent we鈥檙e learning a lot as we go along. The right thing to do from a regulatory standpoint is to make sure we can comprehensively regulate all these businesses and ensure the health and welfare of the citizens of the state of Colorado,鈥� said .
He took the job a little more than a week after the first retail marijuana shops opened their doors Jan. 1.
Colorado鈥檚 marijuana experiment has pushed the Department of Revenue into areas it never would have been in before, like food safety and lab certification. Because Colorado is one of the first states to regulate recreational marijuana all eyes are on Koski to see if the regulation actually works.
鈥淚t鈥檚 a new agency. If you鈥檙e just going to start up a new agency in a public policy arena that wasn鈥檛 this divisive it鈥檇 be pretty challenging,鈥� Koski said. 鈥淎nd then you insert some of the complexities that come along with varied ideas of how this should all be carried out and it certainly adds some more pressure to it.鈥�
Colorado has taken innovative steps in ensuring public safety, and in terms of foodborne illness, eventually you might be safer buying an edible marijuana product than produce at the grocery store. They鈥檝e rolled out a system, called MITS, which tracks all marijuana plants from seed to sale, meaning if a pot brownie caused a salmonella outbreak, you could track it all the way back to the source.
Thanks to the expansion of legalized marijuana, laboratories are well-positioned to see their own boom in business. Regulators will now roll out new testing requirements for marijuana products. The eventual standard will be mandatory testing for all marijuana products, foods and raw plants alike.
CannLabs, a marijuana testing facility, is one of the few labs of its kind in Colorado. Owner Genifer Murray got into the game early and is now about to reap the benefits.
鈥淐annLabs started in a space of about 150 square feet, this is about 500 and we鈥檙e moving to 2,000,鈥� Murray said.
Until this point, tests for foodborne pathogens, dangerous chemicals like butane and the potency of THC were voluntary, meaning few companies actually did them. It鈥檚 important for consumers to know what they鈥檙e getting into when eating a THC-infused product, Murray says, or he or she may end up taking too much all at once.
鈥淵ou can feel like you鈥檙e dying,鈥� Murray said. 鈥淵our heart rate speeds up, you sweat, you can throw up. I mean it鈥檚 awful. So with edibles it is very important that they get tested and that you know your dose.鈥�
Murray鈥檚 lab isn鈥檛 yet certified by regulators. Lab certification requirements will be part of a yet to be adopted rule, state regulators say.
Just weeks into its new experiment, Colorado hasn鈥檛 yet plugged all the holes in the recreational marijuana industry鈥檚 new regulatory scheme. No doubt, other states will be curious to see how Colorado鈥檚 attempt at marijuana regulation works out, and if it truly is worth the effort.
