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Public Comment - Additional Materials submitted by Public at Meeting

Poway City Council
May 16, 2023

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Public Comment - Additional Materials submitted by Public at Meeting
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May 16, 2023
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V.C.

Support AB 1207 - The Cannabis Candy Child Protection Act! Kathken Lippitt
As California's legal cannabis market matures, exposure to cannabis marketing, and the range of cannabis products, have grown with it. Laws and regulations must also evolve alongside this new market to ensure the safety of our children and youth.

However, Prop 64 provisions intended to protect children, including that cannabis products 1) would not be designed to be appealing to children and 2) would be prohibited from being marketed/advertised to persons younger than 21 years old, have not been effectively implemented.

Regulations have weakened, rather than enforced these
protections, failing to put in place systems to assess and prevent products from being attractive to children or to resemble conventional candy or food typically marketed to kids. Product prohibition was limited only to those determined to violate these provisions on a case-by-case basis. The result has been the proliferation of hundreds of products in legal commerce with characteristics of candies and foods typically marketed to or known to attract children and youth in their physical form, name, packaging, or labeling, often with ten doses in a single soda can or edible bar.

Of concern is the impact this is having on our children and in our communities.
• Cannabis-related emergency department visits in California increased by 75% between 2016 and 2020.
• Annual cannabis exposures reported to California Poison Control increased from below 200 in 2010 to over 1600 by 2020; 50% involved children, half below age 12; ingestion of gummies, candies, chocolate, and drinks increased
significantly. There were only 16 total reported gummy
exposures between 2010 and 2015 vs. 409 in 2020 alone.
• At Rady Children's Hospital in San Diego, children under age 10 testing positive for THC quadrupled since 2016, mostly from edibles, of which three quarters were from candies or gummies. Half led to hospitalization and one in ten to
intensive care.
• Multiple CA school districts experienced incidents of cannabis poisoned children, often in groups, requiring evacuation by ambulance, typically after ingesting products marketed to resemble candies or chips. Schools are also seeing
widespread vaping of high THC cannabis products marketed as flavored.
• Nationally, edible cannabis poisonings of children six and under increased 1,375% between 2017 and 2021, growing in severity. Many resulted in intensive care or mechanical ventilation, and even, though uncommon, in death. In those under age 10, edibles were the first cause, followed by plant material, then concentrates and vaping products. For 10-20- year-olds, plant material lea, followed by edibles.

Child exposure to and consumption of cannabis is neither necessary nor an acceptable by-product of a legal cannabis market. Our children, youth, parents, and schools cannot afford the continued proliferation of cannabis products attractive to children. The Cannabis Candy Child Protection Act will honor the promise and intent of Prop 64 to keep cannabis and its products out of the hands and bodies of our children by:

1. Clarifying the definition of what is considered "attractive to children."

2. Clearly prohibiting the sale, manufacture, packaging, labeling or marketing of cannabis products in forms attractive to children.

3. Requiring that edible cannabis products be composed of physically separated individual doses and that beverages not exceed one dose per container.

4. Requiring that hard candies or gummies, the most frequently ingested by young children, be free of any natural or artificial coloring.

5. Limiting the naming and description of flavors to eight-point font on the package or label of an edible cannabis product.

6. Creating consistency with AB 793/Proposition 31 for tobacco by prohibiting cannabis products intended for inhalation from containing flavors or being marketed as flavored, tactics known to initiate youth use (cannabis vape parallels to flavored Juul).

7. Requiring adoption of emergency regulations to implement these provisions.

Please join the American Academy of Pediatrics, the Public Health Institute and Youth and Support AB 1207 - The Cannabis Candy Child Protection Act!
Link to send letter of support for AB 1207 -
https://docs.google.com/forms/d/e/1FAIpQLScaXcBw2FAvPRYJu3y 6flpY7dNf5QW3gj1-CVMtrr5-ORou6A/viewform 2/5
California State
Jacqui Irwin Gettingit Right
•fromthe Start• PTA Youth Forward
ASSEMBLY DISTRICT 42
Advancing Pubic Health & Equity in Cannabis Poicy everychild. onevoice.

For Immediate Release: May 16, 2023
Press Contact: Zack Kaldveer, Public Health Institute, 510-938-2664, [email protected] Press Contact for Assemblymember Irwin's Office: Joel Price, (805) 370-0542, Joel. [email protected] Assemblymember Irwin, Physicians, Public Health, Education, and Youth Advocacy Groups Gather in Support of Landmark CA Bill to Address Exploding Number of Child Cannabis Poisonings The Cannabis Candy Child Safety Act (AB 1207) would prohibit cannabis products clearly mimicking candy, soda, and snacks attractive to kids
(CA) Today, pediatricians, parents, public health, education, and youth advocacy groups joined California Assemblymember Jacqui Irwin for a virtual press conference in support of a landmark piece of legislation that addresses the recent explosion of poisonings and hospitalizations of young children due to accidental ingestion of cannabis products. Since passage of Proposition 64, California has seen the proliferation of hundreds of legal cannabis products with characteristics of candies and foods known to attract children and youth, as well as fruity high potency cannabis vapes mimicking now banned fruit-flavored Juuls well known to attract teen initiation.
"The outrageous marketing and packaging of cannabis products so that they are intentionally attractive to children is one of the leading causes of pediatric cannabis exposures," said Assemblymember Jacqui Irwin, author of AB 1207. "AB 1207 will end this practice of packaging cannabis products with vibrant features and animations that lead to children poisoning themselves with cannabis they find in their home." Ihe Cannabis Candy Child Safety Act (AB 1207 - Jacqui Irwin) would honor the promise and intent of Prop 64 by implementing key measures to protect children and youth, more clearly define and prohibit products, packaging and marketing that is attractive to children or teens, and prohibit flavored inhaled cannabis products known to hook kids, just as flavored Juul e-cigarettes did.
"I have seen hundreds of young children become ill, many critically ill, after accidentally eating cannabis that looks like candy," said Dr. Natalie Laub, Pediatrician and researcher at the University of California, San Diego. "With every child I see, I ask the same question... why does a drug that could kill a child have to look like a gummy bear? The answer is it doesn't! AB 1207 would help keep cannabis products that look like candy out of the hands and bodies of our young children."
When Proposition 64 was passed one of its clearly identified intentions was that "Marijuana products shall be:

Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana." Yet, regulations weakened, rather than enforced, these protections, failing to put in place systems to assess and prevent products from being attractive to children or to resemble conventional candy or food typically marketed to kids. These systemic California regulatory failures, and widespread cannabis commercialization has led to:

Annual cannabis exposures reported to California Poison Control increased from below 200 in 2010 to over 1600 by 2020; 50% involved children, half below age 12. There were only 16 total reported gummy exposures between 2010 and 2015 vs. 409 in 2020 alone.

Cannabis-related emergency department visits in California increased by 75% between 2016 and 2020, mainly involving the consumption of plant material, followed by edibles, concentrates and vaping products, demonstrating that the problem extends beyond just edibles.

At Rady Children's Hospital in San Diego, children under age 10 testing positive for THC quadrupled since 2016, mostly from edibles, of which three quarters were from candies or gummies. Half led to hospitalization and one in ten to intensive care, costing over $15 million dollars just at one hospital. "No parent should experience their teen getting addicted to a high potency apple banana vape that studies show are far more damaging to a developing brain than your mama's marijuana ever was," said Dr. Lynn Silver, pediatrician and Director of Getting it Right from the Start, at the Public Health Institute. "The cannabis industry has taken a page straight out of Big Tobacco's playbook by marketing colorful vapes in tasty flavors known to attract teens - just as Juul did before it. We know this game; our State stopped it last year for tobacco and AB 1207 will put an end to kid flavored inhaled cannabis products for good." "No one should go to jail for cannabis possession but no young child should be hauled from school in an ambulance because they mistakenly ate cannabis laced gummies or edibles either," said Adwoa Akyianu, Policy Advocate at Youth Forward. "The rapid growth of child and youth consumption was all too predictable in light of the sophisticated marketing techniques that target our youth using cannabis products that mimic candies, chips and well-known sugary treats such as McFlurry's, Cocoa Pebbles, and Fanta look-alikes. The cannabis industry can flourish without marketing products that are clearly attractive and harmful to children." "Marketing cannabis to our children is unacceptable. Elementary school students should never get sick because they mistakenly ingested cannabis that looked like their favorite candy, soda, or snacks. And teens should not be lured into thinking strawberry or bubblegum vaping products are safe and harmless," said Carol Green, California State PTA President. "California state PTA supports AB1207 because it helps to protect children from deceptive marketing of the cannabis industry."
AB 1207 passed the Assembly Business and Professions Committee by a vote of 13 AYE to 0 NAY on April 18, 2023 and currently sits in the Assembly Committee on Appropriations awaiting a May 18th decision on whether it will move forward to an Assembly Floor vote.

The bill is supported by dozens of organizations and individuals representing pediatricians, parents, emergency physicians, public health, youth, and substance use prevention professionals. Key supporters include the California American Academy of Pediatrics, California, California Society of Addiction Medicine, the American College of Emergency Physicians - California Chapter, California PTA, the Santa Clara County, Public Health Institute, Public Health Advocates, and Youth Forward.

CANNABIS CANDY CHILD SAFETY ACT (AB 1207)
Author: Assembly Member Irwin

THE ISSUE RATIONALE
As California's legal cannabis market matures, exposure to cannabis Child exposure to and consumption of cannabis is neither necessary nor an marketing, and the range of cannabis products, have grown with it. Laws acceptable by-product of a legal cannabis market. Our children, youth, and regulations must also evolve alongside this new market to ensure the parents and schools cannot afford the continued proliferation of cannabis safety of our children and youth. products attractive to children. The Cannabis Candy Child Safety Act will honor the promise and intent of Prop 64 to keep cannabis and its products PROMISES OF PROP 64 out of the hands and bodies of our children. • "Marijuana products shall be: (1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not AB 1207 will:
contain marijuana." • Clarify the definition of what is considered "attractive to children." • Purpose and intent to "Prohibit the marketing and advertising of • Clearly prohibit the sale, manufacture, packaging, labeling or nonmedical marijuana to persons younger than 21 years old:" marketing of cannabis products in forms attractive to children. • Require that edible cannabis products be composed of physically • "Produced and sold with a standardized dosage of cannabinoids not to separated individual doses. exceed ten (10) milligrams tetrahydrocannabinol (THC) per serving." • Require that hard candies or gummies, the most frequently ingested by young children, not be brightly colored.

Inexplicably. regulations weakened, rather than enforced, these • Create consistency with AB 793/Proposition 31 for tobacco by protections, failing to put in place systems to assess and prevent products prohibiting marketing of cannabis products intended for inhalation as from being attractive to children or to resemble conventional candy or food flavored, tactics known to initiate youth use (cannabis vape parallels typically marketed to kids. Product prohibition was limited only to those to flavored Juul).
determined to violate these provisions on a case by case basis. The result • Require adoption of emergency regulations to implement these has been the proliferation of hundreds of products in legal commerce with provisions.
characteristics of candies and foods typically marketed to or known to attract children and youth in their physical form, name, packaging or

EXAMPLES
labeling, often with ten doses in a single soda can or edible bar.

These are examples of cannabis products and their packaging clearly imitating a candy/food marketed to children and likely to attract youth.

IMPACT ON CHILDREN Source: Weedmaps
• Annual cannabis exposures reported to California Poison Control increased from below 200 in 2010 to over 1600 by 2020; 50% involved children, half below age 12; ingestion of gummies, candies, chocolate Jeeter TSUMO
and drinks increased significantly. There were only 16 total reported JUSe gummy exposures between 2010 and 2015 vs. 409 in 2020 alone. 1 SNAZZLE O• = LIQUID DIAMONDS • Nationally, edible cannabis poisonings of children six and under ONION Keef
increased 1,375% between 2017 and 20212 growing in severity. Many

CANHABIS-INFUSED
resulted in intensive care or mechanical ventilation, and even, though uncommon, in death. In those under age 10, edibles were the first cause, followed by plant material, then concentrates and vaping products. For ORANGE Rad
10-20 year olds, plant material led, followed by edibles, concentrates and vaping products, demonstrating that the problem extends beyond 100 just edibles. WE 1000MG (0035031 9
• Cannabis-related emergency department visits in California increased by 75% between 2016 and 2020.
• At Rody Children's Hospital in San Diego, children under age 10 testing TSUMO positive for THC quadrupled since 2016, mostly from edibles, of which three quarters were from candies or gummies. Half led to hospitalization and one in ten to intensive care. 3
CHEESE
• Multiple CA school districts experienced incidents of cannabis poisoned children, often in groups, requiring evacuation by ambulance, typically CARNABIS-INFUSED after ingesting products marketed to resemble candies or chips. Schools are also seeing widespread vaping of high THC cannabis products marketed as flavored.

For More Information Contact: Dr. Lynn Silver, [email protected] American PUBLIC
Academyof CALIFORNIA ACEP
HEALTH outh Forward
Pediatrics

ALIFORNIA INSTITUTE

THE FOLLOWING ORGANIZATIONS & INDIVIDUALS SUPPORT
THE CANNABIS CANDY CHILD SAFETY ACT (AB 1207)
Author: Assembly Member Irwin
Organizations Individuals
American Academy of Pediatrics, California Elena 0. Lingas, DrPH, MPH, Berkeley. Alameda County American College of Emergency Physicians, California Chapter Nardos Darkera, Oakland, Alameda County Bay Area Community Resources Michael Compton, San Andreas, Calaveras County Be the Influence Claudia Hinojosa, Richmond, Contra Costa County Charles Abbott Associates, Inc. Tara Segura, Antioch, Contra Costa County Good Samaritan Shelter Alma Sanchez, Los Angeles, Los Angeles County Helpline Youth Counseling, Inc. Sandy Logan, Lancaster, Los Angeles County Hermosa Coaltion for Drug-Free Kids Dina Enberg, Sausalito, Marin County High Truths on Drugs and Addiction Allison Duckworth, Monterey. Monterey County Institute for Public Strategies Terri Zuniga, San Miguel, Monterey County Marin Healthy Youth Partnerships Susan Abbott, Rancho Mission Viejo, Orange County Moms Strong, LLC Roger Morgan, Lincoln, Placer County
Public Health Advocates Alison Wohlgemuth, Paicines, San Benito County Public Health Institue Alexis Lyken, Victorville, San Bernardino County Pueblo y Salud, Inc. Barbara Gordon, Del Mar, San Diego County SafeLaunch Becky Rapp, San Diego, San Diego County
SCCAM-Shasta Siskiouyu lassen County Citizens Against Dawn Kamali, San Diego, San Diego County Marijuana Katie Poponyak, Encinitas, San Diego County
Shasta County Chemical People, Inc. Kelly McCormick, Del Mar, San Diego County West Contra Costa Alcohol Policy Coalition Peggy Walker, Encinitas, San Diego County Youth Forward Stanton A. Glantz, PhD, San Francisco, San Francisco County Ann Little, Atascadero, San Luis Obispo County
Karen Martini, Atascadero, San Luis Obispo County
Angela Collins, Santa Maria, Santa Barbara County
Brandie Pena, Santa Maria, Santa Barbara County
Christy Brown, Santa Barbara, Santa Barbara County
Guadalupe Barradas, Santa Maria, Santa Barbara County
Allison Hansen, Redding, Shasta County
Chelsea Kefalas, Redding, Shasta County
Helen Vela, Redding, Shasta County
Bart Bright, Benicia, Solano County
Aaron Poley. Simi Valley. Ventura County
Donna Henri, West Hills, Ventura County
Elaine Booynton, West Hills, Ventura County
Roya Motamedi, Camarilo, Ventura County

REFERENCES

1. Roth W. Tam M. Bi C, Kim J, Lewis J, Ho R, Apollonio DE. Changes in California cannabis exposures following recreational legalization and the COVID-19 pandemic. Clin Toxicol (Phila). 2022 May;60(5):632-638. doi: 10.1080/15563650.2021.2006212. Epub 2021 Dec 6. PMID: 34871128.

2. Tweet MS, Nemanich A, Wahl M. Pediatric Edible Cannabis Exposures and Acute Toxicity: 2017-2021. Pediatrics. 2023;151(2):e2022057761 . Marijuana Prevention Initiative. (2023). California High Intensity Drug Trafficking Areas Report: Marijuana's Impact on California 2022. Center fo ommunity Research. https://www.ccrconsulting.org/media/attachments/2023/02/07/california-marijuana-impact-report-2022-final.pd American
PUBLIC
Academy of CALIFORNIA ACEP
Pediatrics HEALTH outhForward

CALIFORNIA INSTITUTE
City of Encinitas City Council's Office
505 S. Vulcan Ave, Encinitas, CA 92024
760-633-2600
[email protected]
www.encinitasca.gov
May 1, 2023
Tony Kranz Assemblymember Holden, Chair
Mayor
Appropriations Committee
State Capitol
Sacramento, CA 95814
RE: AB 1207 (Irwin) -- SUPPORT
Joy Lyndes
Deputy Mayor Dear Assemblymember Holden,
On behalf of the City of Encinitas I am pleased to support AB 1207(Irwin), relating to the labeling and advertising of cannabis.

When Proposition 64 was passed one of its clearly identified intents was that "Marijuana Allison Blackwell products shall be: "Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana." Council Member
It has been concerning to witness the evolution of the first 5 years of legal sales has not respected these promises. Inexplicably, regulations weakened, rather than entorced, these protections, failing to put in place systems to assess and prevent products from being attractive to children or to resemble conventional candy or food typically marketed to kids.

Bruce Ehlers
Council Member This has had several types of adverse consequences for California children and youth.

The first is the explosion of accidental ingestions of cannabis products by young children who should never be exposed to cannabis. At Rady Children's Hospital in San Diego, children under age 10 testing positive for THC quadrupled since 2016, mostly from edibles, of which three quarters were from candies or gummies. Half led to hospitalization Kellie Shay Hinze
Council Member More robust action is urgently needed to protect youth, which AB 1207 sets out to accomplish. AB 1207 places restrictions on the advertising, marketing, packaging, and labeling of cannabis and cannabis products. It also requires single-serving packaging for edibles and bans the use of flavors in cannabis or cannabis products intended for use by inhalation.

Pamela Antil A robust legal cannabis market can flourish without marketing products that are clearly City Manager attractive to children. AB 1207 will implement key measures to protect children and youth, more clearly defining and prohibiting products, packaging and marketing that is attractive to children or teens, that imitates foods typically marketed to children or that does not clearly signal appropriate dosage of edibles.

AB 1207 (Irwin) - SUPPORT
May 1, 2023

Page 2 of 2 ends

For these reasons the City of Encinitas is pleased to support AB 1207.

Sincerely,
AT Kray
Tony Kranz
Mayor
City of
ENCINITAS Page 2 of 2

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