Colorado marijuana regulators delayed warning of harmful product by over a year, investigation finds
State regulators took an average of seven months to warn the public after receiving complaints about contaminated or unsafe marijuana products, leaving consumers exposed to harm.
What happened
In March 2022, Colorado public health officials received reports of liver damage linked to 1906 Midnight Drops, a cannabis-based sleep aid that became a top seller in the state. The state's Marijuana Enforcement Division did not issue a public warning until June 2023—nearly 15 months later—by which time the manufacturer had halted production after reports of acute liver injury. The initial warning, posted as an "informational notification" rather than a health and safety advisory, stated regulators found no violations and that the product had been reformulated. Review of 23 of 83 advisories issued over five years shows the division took an average of more than seven months from the date of complaint or start of investigation to issue a warning. The manufacturer, Sima Sciences, had reportedly begun receiving complaints of harm shortly after launch, two years before state health officials did. One consumer, Jenifer Chatting, took the drops nightly starting in March 2022 and continued for nine months after the state's notification, unaware of the warning; she now has liver damage requiring a transplant despite no prior liver problems.
Context
Colorado lacks authority to force manufacturers to recall products, instead relying on posting website advisories and sending news releases to media—a system regulators and consumer safety experts say is inadequate for products typically consumed within days of purchase. Lab directors report they can return contamination test results in as little as three days or one day in emergencies, but MED spokesperson Heather Draper said building a case for a health and safety advisory requires investigation to evaluate scope, gather evidence, and confirm test results. In comparison, the FDA has faced criticism for taking an average of two months to warn consumers and secure recalls of contaminated food. The delays mean consumers often consume products before warnings reach them, according to former Denver marijuana regulator Kimberly Anzarut. This pattern affects the nation's first regulated recreational marijuana market, raising questions about whether the regulatory structure adequately protects public health.