Posted: 28 Jan 2014

Date Written: January 27, 2014

Abstract

This is an abstract for an article that I am currently writing. I anticipate submitting the article to law reviews for publication starting in May 2014.

A considerable paradox exists in modern food law and policy. Over the last ten years policy makers have made food safety a top priority. Yet marijuana-infused food has received very little regulatory attention. So while advocates and policy makers continue to demand top-notch food safety for foods sold in the U.S., an entire pocket of the food industry — marijuana-infused food — remains largely unregulated.

For starters, the federal government does not monitor marijuana food at all because, in its eyes, all food containing marijuana is illegal for sale or consumption. As for states, only Colorado has created a legitimate framework to regulate marijuana food. But the sufficiency of Colorado’s framework is questionable. After all, food regulation is an area of law where states historically depended upon federal funds and agencies.

The lack of regulation for marijuana foods is an imperative food issue that lawyers, advocates, and policy-makers should not underestimate. While the term “marijuana-infused food” may spark memories of “pot brownies” from days past, today marijuana food is a robust industry. Now, companies make everything from marijuana beverages to candies and mints. In fact, marijuana-infused food is a legitimate, thriving, and growing section of the food industry.

Moreover, medicinal marijuana foods pose especially severe public safety risks. First of all, most patients consume medicinal marijuana as food because it is convenient and eliminates the negative health effects of smoke. Second, many patients who consume medicinal marijuana are already vulnerable to food borne illnesses because of their weakened immune systems. Thus, food safety should be a priority in any state that legalizes medicinal marijuana.

Recreational marijuana poses considerable food safety risks as well. When Colorado's retail marijuana shops opened their doors in 2014, they literally could not keep the shelves stocked with enough marijuana food; they continuously sold out. So states that legalize recreational marijuana must also enact food safety regulations.

Thus, this article explores the nuances of marijuana-infused food under federal and state food laws. Additionally, this article makes suggestions for addressing food safety as states continue to legalize medicinal and recreational marijuana.