Medical marijuana: Edibles company owner told packaging not compliant even though it is

Categories: Marijuana

Twirling Hippy Confections owner Jessica LeRoux says a Medical Marijuana Enforcement Division inspector with the state has been telling shops that her packaging doesn't meet state regulations, writing up at least one for a violation. But LeRoux says he's misinformed and mistakes like his could cost business owners like her money by scaring off future purchasers.

During the last legislative session, state representative Cindy Acree sponsored a bill that would have eliminated edibles altogether. When the medical marijuana community rallied against the measure, Acree changed her stance, as well as the language of HB 1250, saying that her intent all along was simply to keep THC-infused candies and treats out of the hands of children.

cindy acree photo.jpg
Cindy Acree.
Under the new wording, edibles themselves are safe, but packaging is required to be "designed or constructed to be significantly difficult for children... to open." If not, the packaging must be labeled "MEDICINAL PRODUCT -- Keep out of Reach of Children." Most edible manufacturers were already doing both of those things in order to comply with requirements in HB 1284, the medical marijuana code that had already passed the legislature.

But according to LeRoux, at least one MMED inspector has been telling her clients that Twirling Hippy packaging doesn't meet the requirements of the law because the packaging was not opaque. The shop wasn't fined, nor were the edibles taken, but the owners were written up for what the inspector saw as a violation.

The move baffles LeRoux, who notes that nothing in either HB 1284 or 1250 has required such packaging, nor have the rules been promulgated yet. She also points out that her packaging is not only tamper-proof, but includes easy-to-read warning labels.

"My concern was that this stance by enforcement agents frightened my client off of ordering more product until they could be certain that my tamper-proof and compostable package was compliant," she says. "While I told them what HB1250 says, they were worried until I sent them a forwarded email from [MMED spokeswoman] Julie Postlethwait saying so. Postlethwait says the division has not yet tracked down the inspector; she says they will continue to look into the matter.

Thumbnail image for jessica leroux.jpg
Jessica LeRoux.
LeRoux isn't resting easy. She thinks the MMED should publish a checklist that inspectors have to follow, to avoid such incidents in the future. The MMED currently has its rules posted online, but there are no published guidelines for inspectors to follow.

"An agent carries more authority than I do when it comes to information about my product," she says, "even though I clearly know the law better than they do. I feel I have to take a proactive stance and educate the MMCs on the precise letter of the law, because as a small business owner, I cannot sit by and allow misinformation to continue to circulate in a way that may have a detrimental effect on my ability to sell my product -- which I have invested quite a bit of time and money into making über-compliant."

More from our Marijuana archive: "Medical Marijuana Workgroup either successful or incestuous, depending on whom you ask."

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As a baby business owner, I cannot sit by and acquiesce misinformation to abide to broadcast in a way that may accept a adverse after effect on my adeptness to advertise my product.

Cheesecake Lady
Cheesecake Lady

I usually dont comment on these forums but I do wanna say that there is good news on this story. I heard back from Julie Postlethwaite this Monday that they did figure out which agents were responsible for the mis-interpretation of the yet unpromulgated law and those agents will be returning to the MMC's that received mis-information to correct their mistake. I consider this a small victory for ALL MIPs. This just underscores the point I keep making ad-nauseum: It is very important for each MMJ business owner to read and know every law concerning their business, and be confident to speak up on your own behalf. 


Leave tha cheescake lady alone you assholes at DOR......

Matt in Boulder
Matt in Boulder

Remember what Romer promised folks - "Auditors with guns."  Just like real cops (with guns), they aren't interested in maintaining law an order.  They just want to meet their quota of "busting bad guys" - whether that means fabricating "badness" is not important to them...

Colorado Mmj Patient
Colorado Mmj Patient

I am already hearing horror stories from these MMED goons.  Funny they can harass people yet they still can't get these applications processed.  

Here is one for you guys:

At  7:30 or so, MMC owner hears a knock on his door.  He was closing his shop since MMCs must close by 7.  Anyways he sees what he thinks are police officers on his video feed.  He goes to the front door and it is two MMED officers with one more person in tow.  So he lets them in.  Well that 3 person was apparently a "patient" trying to buy meds after hours.  And guess what, the MMED officers attempted to write up the owner for selling after hours.  According to him, he thought the third person was with them.  He didn't even allow that person past his security door once he found out he was only a patient.  After 30 minutes or so, the owner was able to convince the officers that he was not "selling after 7."  He threatened to use the video feed as evidence for his case.  Well that is one thing those cameras are good for.  Stay sharp out there people, these assholes are going to try everything to make you give up.


that's what you get for speaking up. please get back in line, K?

High Country Caregiver
High Country Caregiver

These type of inspections are unconstitutional and the inspectors have no right to interfere with your god given right to to produce, sell, and consume cannabis uninhibited by some jerk with a check list.  Tell the inspectors to go to hell and shove their citations far up their ass for someone who cares to read it!

Ian Williams
Ian Williams

Romer's a politician . Don't ever for any reason listen to words that leave his mouth. Good rule of thumb. --Jessica is one of the loudest proponents for compliance and goes out of her way to inform the community of changes in the law and reminds people of compliance dates.

The mmed on the other hand...

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