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New Colorado Cannabis Constraint: No Weed Gummy Bears

By Christopher Coble, Esq. on October 03, 2017 | Last updated on March 21, 2019

In a move sure to harsh the mellow of many a Mile High City marijuana enthusiast, Colorado is outlawing certain edibles, targeting those that might confuse children into ingesting cannabis. Not only does this mean no more pot gummy bears, but any edible "in the distinct shape of a human, animal or fruit, or a shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings."

The new rule goes into effect October 1, perhaps in an effort to ensure that toddlers' Halloween treats are free of any THC-laced tricks.

Cannabis and the Kids

"Anything that can look like candy is more enticing to kids," executive director of Colorado's Department of Public Health Larry Wolk told CBS. And the latest regulations include stricter standards on labeling as well. Along with the restrictions on edibles shapes, the new rules mandate that "potency for medical and retail marijuana, concentrate, and product shall be labeled either (a) in a font size that is at least two font sizes larger than the surrounding label text and also not less than 10 point font, bold, and enclosed within an outlined shape such as a circle or square; or (b) highlighted with a bright color such as yellow."

"These regulations reflect extensive stakeholder input focused on public safety and legislative intent," said Mike Hartman, executive director for the Colorado Department of Revenue. "Marijuana products in shape and branding should not be enticing to children and we want consumers to be educated about the potency of the products they are buying, these rules ensure that to be the case."

Cannabis or Candy?

The state apparently still allows fruit-flavored edibles in geometric shapes. But half the fun with edibles was getting a little stoned on a childhood snack. Then again, that's also the point of the new prohibitions. "This is an important step in maximizing the State's public health and safety by keeping marijuana out of the hands of minors and raising consumer awareness," added Hartman, killing Colorado's gummy bear buzz.

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