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Old 17-10-2005, 03:32
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BILL PROHIBITS SALE OF HEMP, MARIJUANA-FLAVORED CANDIES


A State Lawmaker Who Proposed The Legislation Says Those Sweets Could Lead Children To Drugs.


Marijuana may be off limits in Michigan but marijuana-flavored candies with names like Stoner Pops and Chronic Candy are perfectly legal and at least one state lawmaker is pushing for a change.


Following a trend of state and cities cracking down on marijuana and hemp-flavored candies critic say send a bad message to kids, state Rep. Dudley Spade, D-Tipton, has proposed a bill to amend Michigan's penal code to ban the sale of candy and other confections that contain hemp, hemp flavoring or marijuana flavoring. Violations would result in up to one year in jail, a $5,000 fine or both.


"Drug use is among the top issues law enforcement officers deal with in terms of crimes among young people," said Spade, who is also working with the state attorney general's office to determine if some of the ingredients in pot-flavored candies are already illegal, making the product illegal. "We just don't need this kind of product out there and so easy to purchase. It's just a temptation we don't need."


The bill does not cover Internet sales, which involves interstate commerce issues. Spade said his initial intent is to get such treats off retail shelves.


Michigan isn't the first state to consider a crackdown on pot or hemp-flavored treats. Chicago banned it and Illinois, Texas and other states are considering similar bans.


But hemp supporters say such proposed bans unfairly lump pot-flavored candies with hemp candies, which are made with hemp seed oil and is legal under federal government standards. Pot-flavored candies are made from cannabis flower essential oil. And while the candies don't cause a high, some hemp supporters say the oil may not be covered under the U.S. Controlled Substances Act.


Hemp and marijuana are cousin plants but hemp does not contain tetrahydrocannabinol, or THC, the ingredient in marijuana that gives users a high.


"Hemp and marijuana are not the same," said Tim Beck, executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws. "It's a gimmick to sell a product because of the lure of forbidden fruit."


Mark Gresser of St. Clair Shores thinks Michigan's proposed ban is ridiculous.


"It's crazy," Gresser said. "It's sterile candy. That'd be like someone saying you can't wear hemp clothing because it'll lead you to pot."


Spade said he first stumbled upon pot-flavored candy while shopping for a birthday present at Spencer Gifts, a novelty store, at a local mall. There, by the cash register, were Pot Suckers. He worries the products are aimed at kids.


"The concern is that it glorifies marijuana to make it seem cool and OK," Spade said.


At least one distributor has already yanked its pot-flavored lollipops from store shelves because of its controversial nature.


But Steven Trachtenberg, president of ICUP Inc. -- which distributed Pot Suckers lollipops and pulled them from shelves in July -- said Pot Suckers were aimed at an older market and it's ridiculous and unfounded to suggest marijuana-flavored candy would lead to future drug use.


"We have to wake up and look at parenting skills, our education system," he said. "We're being used as a scapegoat for a problem that's not going to be exacerbated by a fricking lollipop."
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