Colorado Regulators Failed to Act Promptly on Harmful Marijuana Sleep Aid for Over a Year

In March 2022, public health officials in Colorado began receiving alarming reports of liver damage linked to a new marijuana-based sleep aid called 1906 Midnight Drops. Despite these early warnings, it took the state's Marijuana Enforcement Division (MED) more than 15 months to issue a consumer warning after the manufacturer had already halted production due to numerous complaints about "acute liver injury." This delay underscores significant shortcomings in Colorado’s regulatory framework designed to protect consumers from dangerous products.

The MED launched an investigation following the initial health reports, but it lacked the authority to immediately remove harmful products from store shelves. Instead of issuing a clear warning, the agency posted a vague informational notification on its website in July 2022, which did not advise consumers against using the product. This approach allowed Midnight Drops to remain available for purchase and consumption until June 2023 when the manufacturer voluntarily discontinued production.

Jenifer Chatting, a surgical assistant at an oral surgeon’s office, was one of many individuals affected by this regulatory lapse. Seeking a natural alternative for her insomnia, she started using Midnight Drops in March 2022, shortly after health officials received their first complaint about liver damage. Unaware of the MED's notification and believing her symptoms were unrelated to the product, Chatting continued taking the drops until September 2023 when her local dispensary stopped stocking them due to safety concerns.

By then, Chatting had developed severe liver damage at age 53, necessitating a potential transplant. Her case highlights the real-world consequences of delayed regulatory action and inadequate consumer warnings. The MED’s decision not to issue a health warning until June 2023 meant that many consumers like Chatting were left uninformed about the risks associated with Midnight Drops.

Colorado's regulatory system faces criticism for its limited ability to enforce product recalls and its reliance on posting vague notifications online instead of issuing clear safety warnings. According to data from The Denver Gazette and ProPublica, it took an average of over seven months for regulators to issue a warning after receiving initial complaints or launching investigations. This timeframe is particularly concerning given the rapid consumption cycle of marijuana products.

Industry experts argue that such delays significantly compromise consumer safety by allowing harmful products to remain on store shelves for extended periods. Kimberly Anzarut, a former Denver marijuana regulator and current industry consultant, emphasizes the importance of timely warnings: "When you take a long time to get a bulletin out about these issues, many people have already consumed the product."

The MED's reluctance to disclose detailed investigation timelines further complicates efforts to assess regulatory effectiveness. While the agency cites ongoing investigations as justification for withholding complaint dates, this opacity undermines public trust and accountability in the regulatory process.

This incident raises critical questions about the adequacy of Colorado’s regulatory framework for ensuring consumer safety in its pioneering recreational marijuana market. As more states consider similar regulations, examining and addressing these systemic weaknesses becomes increasingly urgent to prevent future harm.