Minnesota pharmacy board sues over ‘noncompliant’ marijuana edibles

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The Minnesota Board of Pharmacy has filed a lawsuit against a group of three cannabis companies in the state, alleging that their marijuana edibles exceed the state’s THC potency limits and disregard rules around appearance.

The complaint filed Monday in Clay County District Court names Northland Vapor Company Moorhead, Northland Vapor Company Bemidji, and Wonky Confections, referring to them collectively as Northland Vapor.

Minnesota’s medical cannabis rules require edibles to contain no more than five milligrams of hemp-derived THC per serving, or no more than 50 milligrams per package.

“Investigators found packages containing 2,500 milligrams of THC, 50 times the amount permitted under Minnesota law,” said the Board of Pharmacy in a news release.

The board also said its investigators found that some of the defendants’ edible cannabis products resembled “characteristics of a fictional bear, as well as products that are modeled after common gummy bear candies that are primarily consumed by and marketed to children,” in violation of state law.

“These companies also failed to provide the Board with required testing results to show whether or not their edible cannabinoid products contain prohibited substances such as pesticides, heavy metals, and solvents,” said the pharmacy board’s news release.

The pharmacy board said the U.S. Food and Drug Administration (FDA) has “received complaints about serious adverse events associated with Northland Vapor’s ‘Death by Gummy Bears’ delta-8 THC products, including a death.”

The Board of Pharmacy and the FDA inspected a Northland warehouse on Nov. 8, and placed an embargo on an estimated $7 million worth of products they alleged were noncompliant.

The board said it’s seeking a court order to destroy the products, plus an order to keep Northland “from manufacturing and selling edible cannabinoid products that violate state law.”

“The FDA inspection is ongoing,” the Board added.

A lawyer for the operator of the three defendant companies told CBS News affiliate WCCO that “the companies attempted to work with the state to ensure compliance with the new law.”

“There is no evidence of any harm arising from the proper use of Northland products,” the lawyer told WCCO in a statement.

“The state’s effort to suggest otherwise (is) shameful.”