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MN Board of Pharmacy files lawsuit against Moorhead-based THC edibles manufacturers, retailers

By WCCO STAFF, BERET LEONE

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    MINNEAPOLIS, Minnesota (WCCO) — The Minnesota Board of Pharmacy on Monday announced the filing of a civil lawsuit against some Moorhead-based THC edibles manufacturers and retailers.

According to the pharmacy board, the lawsuit filed in Clay County District Court alleges that the edibles manufacturers and retailers have violated Minnesota’s edible cannabinoid laws.

Court documents show the defendants as Northland Vapor Moorhead LLC, Northland Vapor Bemidji LLC and Wonky Confections LLC.

The lawsuit accused them of manufacturing and selling THC edibles that are “50 times the allowable levels” and using shapes that resemble products marketed to children, like Northland Vapor’s Death by Gummy Bears product.

The lawsuit contains other serious allegations. According to the lawsuit, the Food and Drug Administration alerted the state of a healthy 23-year-old who consumed Northland Vapor edibles and later died unexpectedly. That cause of death was listed as undetermined.

It also included another FDA report of a group of five high schoolers getting sick after consuming the defendant’s products.

Carol Moss, an attorney who specializes in cannabis law in Minnesota, says this is a big step from the board.

“The fact that the Board of Pharmacy has taken a step against a business is very significant. They see this as a public health issue. And as the industry continues to flourish, the industry will continue to work with regulators to have a safe industry,” she said.

The lawsuit also alleges that the defendants failed to provide the board with testing results, which is required under Minnesota law.

The Minnesota Board of Pharmacy says Minnesotans should practice caution when purchasing and consuming edible THC products.

“As consumers navigate the market, they should be aware of the amount of THC in each serving,” said Jill Phillips, Board of Pharmacy’s executive director. “Only products containing five milligrams or less per serving and fifty milligrams or less per package are permitted to be sold under state statute. These companies far exceeded those limits and did so in a type of product historically marketed to children.”

In July, a new law went into effect that allows people 21 and older to buy edibles and beverages that contain a limited amount of hemp-derived THC. No more than 5 milligrams of THC per serving and no more than 50 sold per package. It also restricts labeling and packaging.

Sen. Jim Abeler (R-Anoka), chair of the Senate Human Services Reform Finance and Policy Committee, claimed he didn’t realize the new law would legalize edibles with delta-9 THC, but would merely regulate delta-8 THC products. Its legalization was, in appearance, the result of a mistake.

Gov. Tim Walz confirmed reports that legalizing marijuana will be “one of the first” things that gets passed by the incoming state legislature.

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