Pennsylvania regulates the legal distinction between marijuana-infused gummies and chewable tablets

The Pennsylvania Medical Marijuana Advisory Board recently debated and voted on what, at least to one stoner’s ears, sounds like a waste of taxpayer dollars: whether edibles are legal based on whether you chew them, swallow them, or let them stand (no sexual jokes ). are included in this article).

In Pennsylvania, the legality of edibles depends on how much you chew them, with rules largely dependent on the movement of your teeth and the amount of spit present.

Cannabis that dissolves in the mouth is considered legal, but if it’s intended to be chewed, you’re in trouble.

While cannabis-infused pills, oils, tinctures and extracts are considered legal in the state, chewable forms are not. Basically, a sublingual tincture is fine, but a nice chewing gum is not. Whatever comes to mind when you read the word “edible,” such as chocolate, is illegal. If it can pass as a tincture, it is allowed.

The seemingly insignificant but apparently quite important issue was raised by board member and patient advocate Diana Briggs, the Pittsburgh Post-Gazette reports. Briggs raised concerns about a newer cannabis-infused product called a lozenge, pronounced “TROW-key,” which she said could be found in all Pennsylvania dispensaries. She said they are “like cough drops, some are hard, some are softer.” Troche flavors include the typical flavors such as pineapple, raspberry, lemon and strawberry. Apparently these cause confusion because no one can figure out whether they are considered edible or soluble.

“These trochens have been here and have been for a year. “These look a lot like what I’ve purchased in other states for edibles,” Briggs says.

Pennsylvania could eliminate the red tape and confusion by changing its laws to include edibles.

But before Pennsylvania gets there, the companies that make and sell lozenges are quick to claim that their products don’t count as food. For example, Vytal Options operates medical marijuana dispensaries in Harrisburg, Lancaster and Lansdale. They were one of the first companies to offer Pennsylvania lozenges, as CEO Tom Trite pointed out. The company describes its lozenges as gelatin-based, slightly firmer in consistency than Jell-O, and expressly designed to dissolve either under the tongue or between the cheek and gums, making them legal under current law.

Trite, a pharmacist, continued: “They are not edibles.” He further explained that the effects of lozenges can occur even more quickly in some people than the effects of e-cigarettes. To highlight the difference, he emphasized, “The problem with gummy bears is that they’re easy to chew.”

While legalizing edibles would allow everyone to use their energy for something other than arguing over chewing, authorities aren’t ready to give that up just yet.

Royce Engler, Wright Township police chief and board member, expressed his fears and fell back on the safe narrative of concern for child safety, expressing concern that edibles could end up in the hands of children.

“We have reservations about recommending edibles because they could fall into the wrong hands,” he said. “And to be honest, users often do not store their product in the packaging in which they purchased it. It may be against the law, but it happens every day,” Engler added.

In general, most cannabis users would agree that the argument that children mistake edibles for candy and eat a truckload is an exaggerated danger that is being weaponized by social conservatives. Unfortunately, it sometimes happens, like this five-year-old who ate Delta-8 edibles last Halloween, although it proves that even if you criminalize Delta-9, kids are never completely safe. Boo.

In the final tally, the motion to change the law did not receive the necessary support, resulting in six abstentions, three votes against and two votes in favor.

In July, two Pennsylvania lawmakers introduced Senate Bill 846 to legalize cannabis for adults. The bill is currently awaiting review by the Senate Law and Justice Committee for further consideration.

Additionally, a bill from Republican Senator Dan Laughlin, Senate Bill 538, would legalize cannabis edibles for use by medical marijuana patients, among other medical marijuana reforms. It also requires that foods be tested for safety and effectiveness and ensures packaging protects them from children.

Laughlin said he was prompted to draft the law after learning that residents in his district were visiting a nearby Indian reservation in New York to get their edibles.

“The voters go there and honestly I don’t know who makes these products. I don’t know if they’re actually being tested for effectiveness or anything,” Laughlin said. “In my view, passing a law like this is not only for the convenience of my patients who live in my district, but also for their safety.”

The board is scheduled to meet again in November.