Regulators Knew This Marijuana Product Was Harming People. It Stayed on Shelves for More Than a Year.

In March 2022, Colorado health officials received alarming reports of liver damage linked to a new marijuana-based sleep aid called 1906 Midnight Drops. The product became a top seller in the state, but it wasn't until June 2023 that the state's Marijuana Enforcement Division (MED) warned consumers that the danger had become severe enough to halt production. The delay exposes significant weaknesses in the system for safeguarding consumers from dangerous products in Colorado's pioneering recreational marijuana market.

The health complaints prompted the division to investigate, but it determined it lacked the authority to pull the product from stores. It took the agency four months after the first liver damage report to post a notice on its website, which it labeled an "informational notification" instead of a health and safety warning. The agency claimed no violations were found, and the manufacturer had even reformulated the product, stating no additional issues had arisen.

Jenifer Chatting, one of the affected individuals, was unaware of the MED's notice. She had started taking the Midnight Drops daily six months after the state's first complaint, believing the product to be a safe sleep aid. Nine months later, she experienced severe health issues, including full-body cramps and lactose intolerance, despite never having liver problems before. She ultimately needed a liver transplant at the age of 53.

The delays in addressing the Midnight Drops' dangerous effects were not isolated incidents. The Denver Gazette and ProPublica discovered that the division had limited authority to force companies to recall products and typically relied on posting health and safety advisories on its website. In the instances where the news organizations could identify when a complaint was first reported or an investigation began, the average warning time was over seven months.

This is a significant concern, as products are typically consumed within days of purchase, leaving consumers vulnerable to harmful effects for extended periods.

Kimberly Anzarut, a former marijuana regulator and industry consultant, emphasized that the long delays mean Colorado consumers are not receiving timely warnings, particularly when products remain on shelves for months after initial reports of harm. Sima Sciences, the product's manufacturer, had received complaints about liver damage shortly after launching 1906 Midnight Drops, two years before health officials took any action.

The agency's spokesperson cited the complexity of investigations and the need for time to gather evidence as reasons for the delays, despite acknowledging that test results can be obtained within a day in emergencies.

Thuy Vu, former head of marijuana inspections and enforcement, called for more rapid action from regulators, emphasizing that time is of the essence when safety issues are reported. The delays, she argued, result in contaminated marijuana products remaining on sale for extended periods without public warning.