Slow Response Times Highlight Regulatory Challenges
Colorado marijuana regulators often take over seven months to warn the public after receiving complaints or initiating investigations. This delay is a significant concern, especially when it involves consumer safety and products sold in dispensaries.
Lack of Testing Measures
Unlike other markets, Colorado has not adopted key testing improvements to prevent contaminated marijuana from reaching stores. Manufacturers often continue selling problematic products while disputing agency findings.
“Why weren’t there big banners in front of the dispensaries about these things?”
In March 2022, reports of liver damage emerged related to a marijuana-based sleep aid in Colorado, quickly becoming a top seller. It took until June 2023, 15 months later, for the state’s Marijuana Enforcement Division to issue a warning about the severity of the danger, leading the manufacturer to halt production.
Investigation Delays
Upon receiving health complaints, the division initiated an investigation but claimed it lacked the authority to recall the product. The state attorney general’s later findings revealed the manufacturer, Sima Sciences, had been aware of harmful effects since the product’s launch.
Although a notice was posted four months after the initial liver damage report, it was labeled “informational notification” and did not advise against consumption. Jenifer Chatting, seeking natural alternatives for insomnia, took the Midnight Drops unaware of the risks, only later developing significant liver damage.
Timeline of Regulatory Decisions and Changes
- May 2026: Marijuana Enforcement Division official disclosed the sale of chemically converted hemp as marijuana.
- April 2026: Colorado announced plans to crack down on illegal hemp sales.
- Feb. 2026: Proposal discussed for an external testing system using independent labs.
- May 2021: Colorado banned chemically converted hemp products.
- Dec. 2018: President Trump legalized hemp.
- Jan. 2014: Colorado allowed retail sales of recreational marijuana.
The Denver Gazette and ProPublica found Colorado often fails to issue timely warnings, even where repeated harm is reported. The division struggles with authority to enforce recalls, relying on advisories and media releases.
Regulatory Weaknesses
Kimberly Anzarut, former Denver regulator, emphasized the importance of prompt warnings, as consumers often ingest products swiftly. Despite fast lab results, the MED requires more extensive investigations before issuing advisories.
Seven months is a protracted period for alerts compared to the Food and Drug Administration, which acts within two months in similar situations.
Analysis shows that sales start dates for contaminated products also extend beyond seven months before a warning is issued. Colorado lacks certain safety measures present in other legalized markets to prevent contaminated marijuana sales. Even when problems are discovered, manufacturers continue selling products by disputing findings.
Consumer Safety Criticism
Chatting’s husband criticized insufficient warnings, asking why dispensaries weren’t more proactive. The couple is suing the manufacturer, pending court resolution.
Sima co-founder, Peter Barsoom, left Wall Street to establish a recreational marijuana company. Sima Sciences’ Midnight Drops became a leading product, but concerns about safety soon emerged.
In court, Sima Sciences argued injuries might stem from consumer negligence.
Herbal Ingredient Concerns
Midnight Drops ingredients included corydalis, a compound historically linked to liver injury. Despite reformulations, new supplements mirrored the chemical makeup causing liver risks.
Doctors reported liver concerns from Midnight Drops despite consumer advocacy. Sima’s website maintained advertising language for suspect ingredients as recent as May 2022.
Regulatory Refusal to Act
The MED refused to release investigative files, limiting understanding of its actions. Changes in 2023 allowed regulatory powers to block product sales over safety concerns, though warning delays persist.
Despite procedural improvements, agency officials rejected the analysis of slow warning processes without providing contrary evidence.
Safety Issues With Current Regulations
Colorado’s industry rules allow manufacturer-selected sample testing without external verification. State regulators proposed lab sample collection in January but withdrew following industry pushback concerning costs.
Colorado’s unique protocol allows reduced testing for compliant manufacturers, potentially posing health risks. Complaints remain primary methods to detect marketplace contamination, absent random sampling initiatives enacted by other states.
Delays in recalling contaminated products arise as manufacturers dispute findings. Retesting occurs without a set time frame to prevent immediate product holds.
Consumer Health Prioritization Questions
Tess Eidem noted the MED’s placement in the state’s revenue department questions its consumer health focus, insisting financial interests come first.
“Health isn’t really their primary concern.”
Chatting’s liver condition warrants future transplant requirement. Her lifestyle shifts reflect the ongoing medical struggle.
Sima Sciences settled with the attorney general’s office following investigation results. Barsoom apologized, though the Chattings see little consolation.
Chatting reflected that natural products do not guarantee safety, voicing a lesson learned amid her medical challenges.