Liquor Control Board to limit marijuana-infused products appealing to children

Today, the Washington State Liquor Control Board adopted emergency rules adding a requirement that all marijuana-infused products, packaging, and labeling be approved by them.  The rules are to clarify the types of marijuana-infused products the board will allow to be produced and sold.  The board's issue paper on the emergency rules states:

"Many marijuana-infused products on the medical marijuana market today are appealing to children.  Products such as lollipops, gummy bears, and cotton candy are very appealing to children too young to read a label."

To gain approval from the board, marijuana processors must submit a picture of the product, its label, and packaging to them.  The board will not approve products that appeal to children. 

Marijuana-infused products that look like foods and beverages that children commonly eat and drink have been a concern for WASAVP and adolescent substance use prevention advocates even prior to the I-502 vote.  Concerns were expressed to the Liquor Control Board during their rule-making process and as they developed recommendations for reconciling the recreational and medical marijuana systems. 

The emergency rules also include guidelines regarding serving sizes.  The new rules read:

"Marijuana-infused products in solid form that contain more than one serving must be scored to indicate individual serving sizes, and labeled so that the serving size is prominently displayed on the packaging."

"Marijuana-infused products must be homogenized to ensure uniform disbursement of cannabinoids throughout the product."  

State agencies preparing to address health and safety problems associated with marijuana use

Earlier today, Governor Inslee and state agencies held a press conference about the new marijuana system in our state.  Here are my notes: 

Governor Inslee:

• First retail “recreational” marijuana stores to open July 8
• No recreational marijuana for people under the age of 21.
• Public safety is his top priority. 
• Liquor Control Board to adopt rules regarding edibles that are particularly attractive to youth.
• Drive high get a DUI.
• Marijuana revenue will not solve state fiscal problems.  Billion dollar deficit won’t be filled considering marijuana revenue will likely only fill in 1% of the budget shortfall.

Attorney General Ferguson:  Just like his office was instrumental in reducing tobacco marketing to youth, his office will work to reduce marijuana marketing to youth.  

Liquor Control Board Chair Foster:

• On July 7 they will issue about 20 retail licenses which means stores can open July 8 if they have product.
• Today’s marijuana is much more potent than it used to be.
• She doesn’t want to see “marijuana candy bars laying around somebody’s coffee table” and eaten by children. 
• Tomorrow the Board will adopt emergency rules requiring all edible marijuana product labels, and possibly edible marijuana products, to be approved by the Board to ensure they do not appeal to youth.  Emergency rules go into effect immediately.

State Health Officer Lofy provided an overview of negative health impacts of marijuana, particularly among youth.  The Department of Health launched a media campaign to help parents talk to their children about marijuana.    

Washington State Patrol Chief  Batiste:

• In Washington there are 220 drug recognition officers available to assist troopers and other law enforcement officials in arresting people driving under the influence of marijuana.   State police have been able to effectively detect marijuana DUI for a long time.
• The state toxicologist reports an uptick in marijuana DUIs last year

Cannabis Inc.

Australian ABC News recently interviewed Dr. Leslie Walker and two Seattle marijuana business entrepreneurs for a story about marijuana legalization in Washington.  The resulting story, Cannabis Inc., is available to view online.

Marijuana addiction starts early
During her interview, Dr. Walker notes that addiction is a pediatric disease that carries over into adulthood.  The vast majority of adults who are addicted to drugs, including alcohol and marijuana, started using when they were adolescents.  The tobacco and alcohol industries make their profits from the people who use a lot of their products, including people who are addicted to them.  For the marijuana industry to be profitable, they will need to do the same.  Like the tobacco and alcohol industries, the marijuana industry will need to attract young people to use their products because the people who start using before they are legally eligible to will make up the majority of their future adult market.

Regulating the cannabis industry
To counteract industry activities to attract young people to use their products, strict regulations need to be adopted and enforced.  For instance, marketing and advertising restrictions, such as the strict restrictions on tobacco marketing and advertising, can be adopted.  This includes a ban on sweet flavored products.  Another example is limiting the number of marijuana retailers that are located in a community.  The Guide to Community Preventive Services provides a list of policies that prevent tobacco and alcohol-related harms and can be used to do the same for marijuana.

Watchdogs needed
As those of us who work to prevent youth drug use know, the tobacco and alcohol industries are constantly trying to loosen or eliminate regulations.  They are constantly lobbying lawmakers to create a more business-friendly environment for them.  The same is already true for the marijuana industry.  (The ABC News journalist interviews a marijuana industry lobbyist in Washington, DC.)  To counteract marijuana lobbying, people concerned about the health of adolescents will need to be vigilant, organized, and prepared to provide lawmakers with information about how marijuana policy affects children in their communities.

Liquor Control Board to adopt rules to include marijuana concentrates

Earlier this week, the Liquor Control Board adopted a Revised Interim Policy on Recreational Marijuana. This policy is needed to implement ESHB 2304 which was passed during the 2014 legislative session. The interim policy will be in effect until permanent rules are adopted.  The interim policy may be read here.

The law changes the definition of marijuana to include concentrates: 

"Marijuana concentrates” is defined as resin extracted from the Cannabis plant with a high THC concentration, in contrast to “marijuana,” which includes the entire Cannabis plant.  The definition of “marijuana-infused products” is changed to include marijuana or marijuana extracts with between 0.3 percent and 60 percent THC concentration.

Under state law, during one transaction adults can buy: 

• one ounce of usable marijuana (leaf form);
• 16 ounces of marijuana-infused product in solid form (foods including candies); 
• 7 grams of marijuana concentrates (oils, waxes);
• 72 ounces of marijuana-infused product in liquid form (beverages).

What does that look like?

By Greg Farrar, Appearing in Issaquah Press

The picture above is of one ounce of usable marijuana.  Depending on who you ask, an ounce can produce 30 to 50 joints.

Analytics 360 is a state-licensed cannabis testing lab.  Their website contains test results for marijuana products that include photos.  The above photos is of a caramel which is listed as weighing 17 grams, about 0.6 ounces.  This particular caramel seems to contain 8 servings according to the Liquor Control Board's definition of serving size.

The orange soda analyzed by Analytics 360 is in a 12 ounce bottle.  It appears to contain 3-4 servings according to Liquor Control Board rules.  

The above concentrates are advertised on a Seattle marijuana dispensary's website and are listed as weighing 0.5 grams each.  Concentrates are highly potent and they are used for "dabbing" because "a dab will do ya."  

"Buddy the Bear" advertises marijuana

From KING 5:

Buddy is a guy in a green bear suit, reminiscent of artwork associated with The Grateful Dead. He waves to people heading in and out of town while wearing a sandwich board advertising the dispensary's "discreet delivery."  The service bills itself as an answer for patients who aren’t comfortable walking into a marked dispensary.

Beavers (the dispensary owner) says her business is no different than Dominos Pizza, and she should be able to advertise the same way.

"Advertising is extremely important. Word of mouth will only get you so far in this business," she said.

Beavers concedes her dancing bear may appeal to children, but that’s not the intent.

Throwback Thursday: "Medical alcohol" edition

From the History Channel:

When Prohibition dawned, many doctors continued to prescribe alcohol for anemia, tuberculosis, pneumonia, and high blood pressure, among other disorders.  The new law required them to use special prescription pads issued by the U.S. Treasury Department . . . 

Medical alcohol prescription pad from the 1920's from the History Channel

From the Puget Sound Business Journal: 

In Seattle, the parallels between modern-day medicinal marijuana and medicinal alcohol of 100 years ago are remarkable. Consider that the number of medical marijuana dispensaries in the city increased to 274 in May 2013, up from 63 in September 2011. During the first three months of 1916, when the only place one could legally buy liquor in Washington was at a pharmacy, 65 new drugstores opened in Seattle, according to a master’s thesis cited by HistoryLink.