Colorado regulators take months to alert public about hazardous cannabis sleep aid

In March 2022, Colorado health officials received reports that a new cannabis-based sleep aid, 1906 Midnight Drops, was causing acute liver injury, but the Marijuana Enforcement Division did not issue a public warning until June 2023, after the manufacturer halted production. The agency’s notice was framed as an “informational notification” rather than a health-safety alert, and the product stayed available while the company challenged the findings.

A review of 23 advisories over five years shows an average delay of more than seven months from the first complaint or sale to a consumer warning, a timeline critics say is excessive compared with the FDA’s two-month standard for food hazards. Colorado’s regulatory scheme relies on voluntary recalls, limited testing frequency, and permits manufacturers to retest contaminated batches, creating loopholes that keep unsafe products on shelves. Experts argue the state’s revenue-driven enforcement model prioritizes market earnings over public health, prompting calls for stricter testing and faster recall powers.