Virginia has seen a significant rise in unintentional THC poisoning of young children, which is congruent with the American Academy of Pediatrics’ recent national findings.
The Virginia Poison Center at Virginia Commonwealth University reported that the number of children poisoned by foods containing tetrahydrocannabinol (THC), known as “edibles,” went from three calls in 2018 to 88 calls in 2022.
S. Rutherfoord “Ruddy” Rose, director of the Virginia Poison Center, called the trend “troubling” and said the numbers could actually be higher because only a portion of families call poison control centers or opt for medical care due to fear of legal consequences.
“If a child gets into one of these, they can wait it out. The child might have symptoms or might not but, you know, sometimes they’re embarrassed to call,“ Rose told The Epoch Times, referring to the parents. ”They don’t want to get in trouble.”
Even for those parents who call the poison center, they may not be forthright about the child having ingested cannabis or hemp edibles.
“We’re sort of at the mercy of what the caller 1) tells us or 2) knows,” said Rose, because in some cases the ingredients are not labeled accurately.
“People have tested these products in labs and found out that sometimes the ingredients are different than what the package says,” Rose said.
The American Academy of Pediatrics published a report on Jan. 3 analyzing nationwide poison data and found that the number of edible cannabis toxicity cases in children under age 6 went from 207 cases in 2017 to 3,054 cases in 2021, which the study authors link to changing laws that have made these products more accessible.
“There has been a consistent increase in pediatric edible cannabis exposures over the past 5 years, with the potential for significant toxicity,” the study concluded.
According to the report, 70 percent of cases followed to a known outcome were reported to have central nervous system depression, and 22.7 percent of patients were admitted to the hospital.
Shelly Clary, an education specialist at the Virginia Poison Center, told The Epoch Times that young people of all ages—not just small children—are being poisoned by these THC products.
Attractive to Young Children
Children under 6 years old are most adversely affected by THC edibles, Rose said.“Children are attracted to these things. They’re not in child-resistant packaging, and children are getting fairly high doses for their body weight compared to what adults would get,“ he said. ”And so these things are just increased dramatically since they’ve become available, and calls to poison centers reflect what’s being used.”
In a 2022 statement, Virginia Attorney General Jason Miyares said THC-edibles in the form of popular foods are readily available and that “their deceiving appearance and packaging can confuse young children who come across them and have led to an increase in accidental consumption, putting their health at risk.”
High Dose
Because the intoxicating THC edibles look like their favorite treats, children often end up eating a high dose, Rose said.“These children are getting high doses, relative high doses, of cannabis-type products, and they’re disproportionately requiring evaluation at hospitals, compared to all exposures in the same age group,” he said.
The Virginia Poison Center also found that most young children who end up in the hospital for observation have signs of central nervous system depression, which can include being extra sleepy or agitated, low or high blood pressure, dilated pupils, loss of gross motor ability, slurred speech, tremors, and in severe cases there may be seizures, convulsions, and possible death.
Sometimes the dose can overwhelm the child’s system and “it can really affect the cardiovascular system such that it can cause a death,” said Rose.
State Legislation
In 2022, Virginia’s General Assembly enacted a temporary fix for the problem of copycat packing of THC products through a provision in the state budget. The governor was able to include these THC-related amendments, which were passed in March and took effect July 1.At that time the Virginia Hemp Coalition said the legislation would affect which products would be legal to sell, particularly those that contain delta-8.
“We actually think delta-8 and intoxicating cannabinoids should be regulated,” he said. “We’re saying don’t affect the good products. We have a bunch of non-intoxicating products that are made from hemp.”
The 2022 provision included banning candy-lookalike THC products from being manufactured and sold, as well as banning counterfeit packaging that could be confused with popular food brands. It also set additional requirements for child-proof packaging, product testing, and labeling.
Agencies Crack Down
In the summer of 2022, Youngkin created a hemp task force, which recommended in a report that the state’s various agencies coordinate to regulate and remove “intoxicating cannabis-derived products from unregulated channels.”The hemp task force found that while there were many areas that could not be agreed upon, the panel was united on the idea that copycat candy products should be banned and that “stiff criminal penalties should exist for anyone manufacturing, selling or distributing” those products.
However, hemp business owners who submitted comments to the task force said the language in any new law needs to be nuanced not to penalize hemp businesses.
“The recently enacted regulations relating to delta-8 as well as the [Virginia Department of Agriculture and Consumer Services] decision to terminate delta-8 sales of edibles in Virginia on July 1 were neither consistent nor sensible,” Ryan Suit, a hemp processor from Virginia Beach, Virginia, told the hemp task force. “It is my understanding that delta-8 edibles are still legal for consumers to enjoy by purchasing them online and having them delivered through the mail. Moreover, the sale of cartridges for delta-8 vaping is somehow still allowed in Virginia.”
Mike Wallace, spokesperson for the Virginia Department of Agriculture and Consumer Services, told The Epoch Times that since 2022, the agency has been taking actions to remove potentially harmful hemp products from the market, particularly those appealing to young children.
Miyares has also been investigating and enforcing the new provisions of the Virginia Consumer Protection Act (VCPA), Victoria LaCivita, spokesperson for the attorney general’s office, told The Epoch Times.
“The Attorney General has investigated and notified numerous businesses throughout the Commonwealth for violations of the VCPA and secured compliance with it,” LaCivita said. “Our enforcement efforts continue and are ongoing. We encourage the public to report any suspected violation of the Virginia Consumer Protection Act to the OAG by filing a complaint with the Consumer Protection Section.”
More Laws to Come
When asked if he would support creating a commercial sales market for cannabis, Youngkin said his focus is on hemp products that are disguised as common candies and foods.“Right now, we’re very focused on making sure that the enforcement and consumer protection laws are straightened out with regards to hemp and delta-8. And we’re seeing products on shelves that are being mislabeled and we’re seeing products that are targeted towards children. That’s the bill I’m most focused on,” Youngkin told reporters in January.
Youngkin’s 2024 proposed budget amendments include $2.2 million dollars for the registration and inspection of hemp facilities, pursuant to legislation being considered in the 2023 session.
Miyares said he wants to see more “legal tools” made available to hold the companies accountable that make these counterfeit food products.
Virginia lawmakers have a variety of bills awaiting consideration that would regulate THC products.
Republican state Sen. Emmett Hanger is sponsoring a Youngkin-backed hemp regulation bill, SB 903. Republican House Majority Leader Terry Kilgore filed another hemp regulation bill, HB 2294, that would broaden the state’s definition of marijuana to include all products that contain a form of THC. Republican Del. John McGuire’s HB 1922 takes an even tougher stance on delta-8 by banning the sale of delta-8 products altogether.
“The Attorney General is dedicated to combatting the rise of accidental THC poisonings in children and is hopeful the General Assembly will craft legislation to address this,” LaCivita said.
