Marijuana may be back on the ballot in Colorado this year

Twelve years after Colorado became the first state to legalize recreational pot, some say it's not going so well. Now, voters may be asked to weigh in on marijuana again.

A bill introduced last week would refer a measure to the ballot in November that would change how cannabis products are tested and taxed.

Supporters of the bill say independent testing has found everything from pesticides and chemicals to mold and fungus in the products, and the state has issued 10 recalls in just the last 4 months.

"What we've discovered is pervasive contamination," said Justin Singer, CEO of Ripple Edibles and one of the lead proponents of the bill.

He says Ripple produces nearly 2 million servings of THC products each year, and yet his facility hasn't had a safety inspection in 4 years. And while his products are tested, he says, the results are completely unreliable.

Singer says the Marijuana Enforcement Division allows producers to decide which samples are tested. In many cases, he says, what's submitted for testing differs from what's sold to consumers.

"Right now, it is very tough to work in this industry as an honest company. Very, very tough. Because you're competing against people who are given the label of honest by the government without actually delivering honesty," said Singer.

He's pushing for a bill that would overhaul testing and move it from MED to the Colorado Department of Public Health and Environment. The measure would require state regulators to collect products from dispensaries instead of samples from producers. The Department of Health would then test the products for safety and potency. And the state would assess sales tax based on the amount of THC.

"This bill is about accountability," said Singer.

Many of his industry colleagues disagree.

"The problem is that you have two huge bills in one bill," said Adam Foster, chief legal officer for Silver Stem Cannabis.

He says the bill is being rushed through in the final three weeks of the session without proper vetting, as federal changes to hemp and cannabis are set to take effect, and before the state knows the scope of the problem.

MED and CDPHE launched a pilot program late last year to test products from dispensaries, and Foster says the legislature should wait on the results. He says testing products after they're on the shelf may be riskier.

"I think the vast majority of licensees are responsible and trying to do a good job. And I don't think a handful of bad actors should paint the whole industry, especially not before we've determined how widespread the problem actually is," said Foster.  

In addition to contamination, Singer says 44% of products tested have a potency different from that on the label. He says if potency were tied to sales tax, the state would do more to ensure labels are accurate.

"I believe that consumer protection is industry protection, and the consumer is not protected right now," said Singer.

Under the bill, product testing results would also be made public.