Health
Colorado regulators delayed warnings on marijuana sleep aid linked to liver damage, investigation finds
An investigation found the state's Marijuana Enforcement Division took 15 months to issue a formal safety warning regarding 1906 Midnight Drops despite early reports of acute liver harm.
The short version
- A joint investigation revealed that Colorado regulators waited nearly 15 months after initial liver damage reports to formally warn the public about the cannabis sleep aid 1906 Midnight Drops.
- The product's manufacturer, Sima Sciences, had received health complaints about the herbal-infused sleep drops years before regulators acted, and at least 52 harm reports were filed by May 2024.
- Colorado's Marijuana Enforcement Division lacks mandatory recall authority and averages more than seven months to publish safety warnings, leaving potentially hazardous products on store shelves.
- Affected consumers have filed personal injury lawsuits against the manufacturer, which has denied the allegations in court filings.
Key facts
- Colorado public health officials first received reports of acute liver injury linked to Sima Sciences' 1906 Midnight Drops in March 2022, but the Marijuana Enforcement Division (MED) did not issue a formal safety warning until June 2023.[ProPublica]
- The Colorado Department of Public Health and Environment recorded 52 reports of harm associated with Midnight Drops by May 2024, with at least 20 incidents requiring medical treatment.[ProPublica]
- The sleep aid originally contained corydalis, an herbal extract containing a compound linked to liver harm, and was later reformulated with Stephania, which regulators concluded contained a chemically similar compound.[ProPublica]
- An analysis of five years of safety advisories showed Colorado regulators took an average of more than seven months from an initial complaint or investigation start date to issue a public warning.[ProPublica]
- The MED lacks the statutory power to force product recalls, instead depending on website advisories and press releases while manufacturers contest safety findings.[ProPublica]
What remains uncertain
- The full timeline of early state investigations remains incomplete because the MED refused to release data on when specific inquiries began, citing ongoing probes.[ProPublica]
- The legal liability of Sima Sciences remains unresolved as personal injury lawsuits, in which the company argues injuries may be due to consumer comparative negligence, proceed in court.[ProPublica]
Sources
Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.