The Dangerously Delicious World of Medibles. Because Edible Cannabis Can Make Your Customers Sick | Canna Law Blog™

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Date:
Thursday, Feb 16, 2012

In addition to the traditional forms of cannabis, authorized medicinal cannabis access points are now in the business of producing “medibles,” edible treats that contain medicinal cannabis. When a medical cannabis access point decides that it wants to participate in production and distribution of medibles, there are some important aspects that must be taken into consideration.

The first thing any cannabis business selling medibles should consider is the product liability law in Washington State. As either the manufacturer or distributor of medibles, these medical cannabis access points have duties to the consumers of their products. Under the Washington Products Liability Act, manufacturers are subject to a modified version of strict liability. Strict liability exists when a person is legally responsible for the damage caused by his or her acts regardless of fault or culpability. Distributors, on the other hand, must be found negligent in most cases in order to be liable for a product defect. Medicinal cannabis access points may be deemed either manufacturers or distributors with respect to medibles, depending on how the medibles are created and who was responsible for creating them.

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