Jr., Marijuana Edibles and "Gummy Bears"

State legalization of marijuana for medical and recreational use has created novel regulatory challenges absent during federal prohibition. While federal law and international treaties prohibiting marijuana remain unchanged, many states have revised their laws to permit adult use. One emerging issue is the regulation of marijuana edibles—food products containing psychoactive cannabinoids designed for consumption. Unlike smoked marijuana, edibles present distinct risks: they contain heavy sugar loads, resemble conventional candy or food, and can be mistaken for ordinary products by children or detected as contraband by adolescents hiding consumption from parents. Edibles allow individuals to obtain psychoactive benefits without inhalation but risk accidental pediatric ingestion. Larkin examines whether the Food and Drug Administration should regulate edible marijuana sales to prevent unintentional consumption by minors while considering whether such regulation would infringe on adults' ability to purchase marijuana through legal channels. The article analyzes potential harms from cannabinoid distribution in food products, existing regulatory frameworks for controlled substances and foods, and the policy tension between preventing child access to edibles and permitting lawful adult commerce. He considers whether local, state, or federal authorities should address this issue and what regulatory mechanisms would effectively balance public health protection against commercial liberty.

Topics: Administrative Law · Criminal Procedure

Keywords: marijuana edibles · Food and Drug Administration · recreational marijuana · cannabinoids · state legalization · child safety · drug regulation