DENVER – Colorado lawmakers Wednesday rejected an effort aimed at easing labeling requirements around marijuana-infused products, including edibles such as candies and cookies.
The measure by Sen. Owen Hill, R-Colorado Springs, was feared to erode a state law that required individual edibles to be clearly identifiable by 2016. The Legislature aimed to develop rules on how to mark even loose edibles such as beverages, gummy candy and tinctures.
The Senate Health and Human Services Committee killed the effort to loosen labeling requirements by a unanimous vote, pointing out that the Legislature enacted the law amid concerns that edibles can lead to accidental ingestion and overdoses.
“Legal edible marijuana products need to be clearly identifiable, and I don’t believe putting it in a package is sufficient,” said Sen. Kevin Lundberg, R-Berthoud, chairman of the committee.
Hill said his aim simply was to clarify complicated labeling requirements so it would be easier for manufacturers and distributors to label infused products.
He took his effort a step further by offering an amendment that he felt would have offered the Department of Revenue more flexibility in how to craft the labeling rules. The amendment failed along with the bill.
“We need better rules on labeling and packaging of these marijuana products,” Hill said. “My goal originally was to clarify, to make it easier, to make it simpler, to do this labeling and packaging... You can accuse me of being naive in thinking this would be a rather simple bill.”
He pointed out that the law passed by the Legislature last session required that a workgroup study the issue and make recommendations. But the workgroup could not come to consensus, leaving the issue unresolved. The workgroup’s failure prompted Hill to seek an alternative approach.
Opponents, however, including parents, children’s hospital officials and students, suggested that the bill would have left the state with few protections.
“Why would we start stripping away some of these protections that Colorado is just starting to put into place?” asked Gina Carbone, with Smart Colorado, which aims to protect children from pot.
But marijuana industry representatives supported Hill’s effort, suggesting that it would have made it easier to label their products. They said the best way to curb accidental overdoses and ingestion is to educate consumers.
“One of the best ways we can make sure that our labeling and packaging is good and safe for consumers is taking out things that don’t need to be there...” said Lindsay Topping, marketing director for Denver-based Dixie Elixirs and Edibles, which makes marijuana-infused products, including beverages. “None of that helps the consumer understand how to take this product.”
Department of Revenue officials said the agency plans to move forward.
“The state licensing authority has broad authority for rulemaking...” said Lewis Koski, director of the state’s Marijuana Enforcement Division. “If necessary, we could move forward with rulemaking.”
Meanwhile, the Joint Budget Committee on Wednesday discussed whether to send to voters a ballot initiative that would allow the state to retain marijuana tax dollars.
The issue relates to the Taxpayer’s Bill of Rights, or TABOR, which requires a refund to taxpayers when facing a budget surplus. Marijuana revenue, collected from a 25 percent collective tax, has been adding to the state’s surplus.
Voters in 2013 approved Proposition AA, which authorized the taxes to fund regulatory enforcement and education. But because total state revenue is higher than projected, the state must ask voters to keep all the Proposition AA money, about $58 million.
Sen. Pat Steadman, D-Denver, said he would lead an effort to retain the dollars, with a proposal expected in the coming days.
