MOORHEAD, Minn. — The Minnesota Board of Pharmacy filed a civil lawsuit Monday against three Moorhead-based THC edibles businesses and manufacturers. The board, represented by the Minnesota Attorney General's Office, is seeking the court's permission to destroy $7 million worth of product.
The pharmacy board claims the three retailers — Northland Vapor Company Moorhead LLC, Northland Vapor Company Bemidji LLC, and Wonky Confections (collectively "Northland Vapor") — violated Minnesota's edible cannabinoid laws.
The lawsuit alleges the retailers sold products on their websites that contained THC in excess of "five milligrams per serving and in excess of 50 milligrams per package," which would be in violation of a Minnesota state statute.
According to a press release from the pharmacy board, investigators found packages containing 2,500 milligrams of THC, which is "50 times the amount permitted under Minnesota law."
The lawsuit also accused the manufacturers of selling products that are "modeled after common gummy bear candies" and are "marketed to children."
Just more than a month ago, the Board requested testing results from the three Moorhead-based THC edibles businesses and manufacturers, but according to a criminal complaint filed in Clay County District Court, the pharmacy board never received them.
On Nov. 8, the Minnesota Board of Pharmacy and the Food and Drug Administration found edible products — allegedly in violation of state law — at a Northland Vapor's manufacturing warehouse that matched those for sale on the companies' websites, including Death by Gummy Bears, Wonky Weeds Gummies and Wonky Weeds THC Syrup.
In a separate visit to the Northland Vapor retail store in Moorhead, pharmacy board staff found some of the same noncompliant gummies offered for sale.
The Board also requested a temporary injunction on Monday against Northland Vapor from manufacturing and selling THC edibles that violate state law.
When reached for comment, Northland Vapor released the following statement to KARE 11:
"Northland attempted to work with the State to ensure existing operations and otherwise legal products could comply with the newly adopted state law. The Board of Pharmacy worked with other businesses in the industry, but someone decided Northland should be made an example. Why the Board of Pharmacy elected to expend its time and resources on a small, family-owned business in outstate Minnesota rather than focus on the real problems in its own backyard is hard to say."
Northland Vapor added, "Simply put, there is no evidence of any harm arising from the proper use of Northland products. The State's efforts to suggest otherwise are shameful."
The FDA's investigation remains ongoing.
In the meantime, the Board of Pharmacy, is asking lawmakers to create an entirely new state agency to regulate the THC edibles industry. The Board was thrust into the unfamiliar role of policing over the counter cannabinoid products last year when the legislature approved new regulations.
"We do pharmacies and pharmacists and related entities and getting involved with legalized marijuana is another whole ballgame," Board President Stuart Williams told reporters. "As you know a number of other states have addressed these issues and set up fully-funded boards."
The legislature's bill acknowledged that people were already selling THC edibles in Minnesota, and set dosage limits. But the Board of Pharmacy doesn't have lab facilities or a large enough staff to handle all of the complaints related to cannabis candy.
"We need licensing, we need taxation, better regulation and enforcement," Jill Phillips, the MN Pharmacy Board executive director explained.
"And the board went on the record last March supporting the establishment of a cannabis management office or a cannabis board that would oversee all aspects."
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