Officials from the Colorado Department of Health and Environment made waves on Monday after suggesting a ban on all edible products except for tinctures and hard candy. CDPHE’s proposal was quickly met with pushback from industry representatives and regulators alike.

Andrew Freedman, the Governor’s Marijuana Policy Coordinator, questioned the constitutionality of the proposal and noted such a move could give rise to a black market for edibles, especially given their popularity in the medicinal and adult use markets.

"Other experts will no doubt argue that restricting edibles betrays the will of the people in passing Amendment 64. Still others will argue that restrictions have the potential to create a dangerous and unregulated black market for edibles."

Amendment 64 specifically allows for “marijuana products… such as, but not limited to, edible products, ointments, and tinctures.” Read the full text of Amendment 64 here.

Officials from CDPHE later conceded they had not considered the constitutionality of the proposal and had not run the idea by the Governor's office.

The recommendation sparked outcry from manufacturers who argued the proposal would pull the rug out from under millions of dollars of investment in the R&D, equipment, and human capital needed to create quality infused products.

Other industry representatives such as Dixie Elixir's Joe Hodas maintained that the best way to prevent accidental ingestion are better labeling and packaging.

That this proposal was spiked just four hours after its introduction is a credit to the collaborative relationship between the cannabis industry and regulators.

The working group will likely meet once more in November before preparing their final recommendations for the state legislature.

You can learn more about the regulatory future of infused products in America by attending the Infused Products and Extraction Symposium in Denver on October 27-29. Sign up today by visiting http://cannabisbusinesssummit.com/infused