The Edible Marijuana Jungle

It’s a jungle out there, and I am referring specifically to “The Jungle” by Upton Sinclair in 1906 where he describes the horrendous conditions of the meat packing plants in the Chicago stockyards. The latest jungle however is in modern day California that has approved the use of medical marijuana distributed via non-profit dispensaries.

The Compassionate Use Act of 1996, aka Proposition 215, legalized marijuana for medicinal purposes. The method by which marijuana is consumed, however, is a bit unclear. The assumption is that it is smoked; however not everyone likes to smoke and would prefer to eat their medicine via baked goods and other “edibles” as they are known in this industry.

The medical marijuana community’s demand for “edibles” has opened up a floodgate of dispensaries making and distributing food containing marijuana. They are even advertised in Culture magazine, a medical marijuana Bay Area magazine. But are these foods safe to eat? Who is making sure that they are being made in a commercial kitchen, by clean individuals who have washed their hands and bandaged up their cuts? What about GMPs? What about HACCP? What about shelf-stable, low-acid foods? What about potentially hazardous foods? What about the raw materials being used to make these products? What about ServSafe? Is the health department inspecting these food-manufacturing operations? Is the county and state protecting medical marijuana patients from foodborne illness?

No, they are currently not inspecting these facilities—and why not?

This is where the gray area kicks in. Proposition 215 is allowing marijuana to be used by those with a prescription, but it doesn’t discuss how they consume it. Nothing in this proposition exempts marijuana use from the provisions of the Retail Food Code or the Sherman Act, which outline the requirements for food and drug manufacturers. The two laws have clashed, and in the end no one could determine if a marijuana-laced brownie is a food, drug, food additive or medical food. So they have decided to deem it an adulterated food. If a health inspector were to enforce the Sherman Act on these edible manufacturing dispensaries, they would have to report the adulterated foods to the attorney general and shut the facility down.

Apparently the San Francisco Health Department has some concern since they issued Medical Cannabis Dispensary (MCD) Regulations for the preparation of edible cannabis products. They basically say that no refrigerated or hot-holding products (aka, potentially hazardous foods) will be manufactured for sale or distribution (which is pretty scary because that then gives the edibles makers all kinds of crazy ideas on how to make a product shelf stable!) but exemptions could be made if they have an HACCP plan in place. They clarify that while they have no intention of regulating edible products made in a home, they do advise that if the products are made in the home, there should be a hand-washing sink, clean and sanitary equipment used and efforts should be made to avoid cross-contamination. The home should also be vermin-free. Lastly, they advise that the “manufacturer” properly label allergens, cannabis content and that it should be kept away from children. Wow, let’s just say that they make that joke of a ServSafe online course seem like a Ph.D. thesis in food microbiology.

*Sigh*, if only REAL food manufacturing regulations were this simple. Life would be so easy—we food scientists could do whatever we want and not have to worry about recalls or labeling mistakes or any of that stuff that edibles makers have to concern themselves with. OK, enough of my sarcasm… I am truly concerned about the safety of the marijuana patients that are consuming these edibles. Many of these patients are immune-compromised and more susceptible to foodborne illness than other healthy individuals. While some edibles manufacturers are trying their best to make the products in commercial kitchens that adhere to state and federal laws, the laws can be confusing, and it’s easy to make a mistake. If edibles makers stick to non-potentially hazardous foods like brownies, cakes and jams, then the risk is somewhat low, but it’s when they start getting creative by trying to make shelf stable items via thermal processing or by adding what they think are appropriate preservatives that what these preparers don’t know can hurt and possibly kill someone.

What is it going to take to get these edibles manufacturers into a class that goes a bit deeper than ServSafe? Who will teach them better processing? Do they know about pH 4.6? If the California Department of Health can’t inspect, at least they can perhaps issue some better guidelines than “wash your hands before making food.” How about a class that teaches FDA regulations and advise them to follow? How about insisting that they create a label that says “made in a kitchen not inspected by the California Department of Health”? (which is similar to other cottage foods made in unlicensed kitchen locations) There must be a way to educate the food producers and informing the consumers of the potential risks of these products.