Attorney General William Tong said this week that sales of over-the-counter THC products are unsafe, unregulated and must be reported to authorities.
“This product likely violates several of our packaging and advertising provisions and may violate the Connecticut Unfair Trade Practices Act,” Tong said in a statement. “In addition, the unlicensed sale of cannabis is a criminal offense. Anyone who sees these products for sale should contact both the Attorney General’s Office and local authorities.”
The state has not yet licensed any retailers for recreational sales of cannabis to adults, but expects to by the end of the year.
The Record-Journal found two CBD, vape and tobacco stores in Meriden and one in Wallingford that retail delta-8 and delta-9 THC in gummies and roll-on joints. THC is the psychoactive ingredient found in cannabis.
Product names include Caviar Kush and Peachie O’s with brightly colored candy-like packaging. Other similar products were in normal packaging. None contained batch numbers or a list of ingredients. Tong issued his statement after seeing a photo of a sample purchased by the Record-Journal in downtown Meriden this week.
Local store owners, however, said they did not believe it was illegal to sell the products at retail.
Two owners defended their sales by pointing to the 2018 Farm Bill that legalized the sale of hemp products as long as they contained less than 0.3 percent THC based on dry weight. One store owner said the average 10% to 15% THC in the products is significantly lower than the dispensary average of 25% to 30%.
Most products are a combination of delta-8 and delta-9 THC that is derived from the hemp plant in a process to extract THC. The combined weight of the products may yield a THC volume greater than 0.3 percent.
As with conventional THC, these products vary in strength. Some boasted THC content of up to 600 milligrams in a pack of five gummies that retailed over the counter in Meriden for $20.
The state’s Department of Consumer Protection issues vape accessory licenses to vape and tobacco shops. The department is also working on a lottery system to award dispensary and grow licenses to operators of the adult marijuana program.
When shown a picture of a gummy package purchased in downtown Meriden this week, DCP officials said it does not regulate businesses that do not obtain licenses through the department. However, a department spokeswoman agreed with Tong’s concerns about the packaging.
“There are strict packaging requirements for both adult-use marijuana products and medicinal products sold by licensees in Connecticut,” said DCP spokeswoman Kaitlyn Krasselt. “The photo packaging does not appear to meet these requirements.”
Unlike products sold at dispensaries, delta-8 and -9 products often do not contain batch numbers or an ingredient list designed to let consumers know what they are ingesting. It is also unclear whether age restrictions are being enforced.
Delta-8 THC is regulated in Connecticut, so you can only buy it from licensed cannabis retailers. The state passed Act 1201 last year, which legalized cannabis for adults and added delta-8 to the definition of THC and marijuana.
Risk to children
Last year, the city of Wallingford banned all local production and sale of cannabis. State Rep. Craig Fishbein, R-Wallingford, who also serves as an elected alderman in Wallingford, was not aware of illegal retail sales of THC products in Wallingford and Meriden, but said he warned of the possibility during the debate on recreational marijuana.
“During the debate on the bill, I mentioned that the proposed language, if passed, could allow situations like this to occur, with no result,” Fishbein said in a statement. “Reports from the Connecticut Department of Health have shown a significant increase in cases where children have ingested these products, to their detriment. It is a shame that during the public hearing on the alleged ‘legalization’, no one from the Department of Public Health or the Department of Mental Health and Addiction Services would not show up to testify about the pros or cons of our state allowing the sale of these products.”
Fishbein, a family law attorney, said that over the past year he has seen cases where parents and children are significantly negatively affected by the use of cannabis products, he said.
Democrat Rebecca Hyland of Wallingford, a former public defender challenging Fishbein in the 90th House District race, could not immediately be reached.
Tong issued a warning in November to the public about the dangers of cannabis edibles and hemp derivatives in packaging designed to look like familiar snacks and sweets.
“These products are unregulated, illegal and can be extremely dangerous,” Tong said in a press release. Examples seized by law enforcement resembled Sour Patch candies and Oreo cookies.
“These products may contain high concentrations of (THC) … and if eaten by children, may result in accidental overdose,” according to Tong’s prepared statement.
In the first nine months of 2020, 80 percent of edibles-related calls to the Poison Control Center were for pediatric exposure. In the first half of 2021 alone, the American Association of Poison Control Centers reported that poison control hotlines received approximately 2,622 calls for services related to young children ingesting cannabis products.
The Connecticut Poison Control Center received 88 calls in 2020 about childhood exposure to edible marijuana, and 58 calls in the first seven months of 2021.
“These cannabis-like products are unregulated, unsafe and illegal, Tong said. “Although Connecticut recently legalized cannabis for adults, many of these products remain well outside the reach of what will ever be safe or authorized for sale”.
In the same press release, Consumer Protection Commissioner Michelle H. Seagull said the candy-like packaging raises a significant safety concern.
“Not only are these products being sold illegally, but misleading packaging that does not clearly tell the consumer what they are ingesting is extremely dangerous, especially when there may be children in the home,” he said.
For this reason, the state has mandated that all packaging be plain black and white and child proof, so it cannot be confused with a non-cannabis product.
“Once legal marketing and sales begin, this distinct packaging will help consumers recognize these regulated products,” Seagull said.
In addition, when retail establishments are licensed to sell cannabis, edible products will be subject to strict safety checks. For example, a serving size of an adult edible cannabis product under the statute can only contain five milligrams of THC, and a multi-serving package of an edible cannabis product must not contain more than 100 milligrams of total THC, according to the Department of Consumer Protection.
If a child were to ingest a bag full of gummies containing 600 milligrams of THC, they would be consuming 120 times the maximum legal adult serving, according to the warning.
A spokesman for the state Department of Public Health said Friday that the department could not share additional information about sales at vape and tobacco shops because it “has no role in the licensing of these products.” .
mgodin@record-journal.com203-317-2255Twitter: @Cconnbiz