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OUR OPINIONS: Were they smoking something?


The Atlanta Journal-Constitution
Published on: 05/13/08

Sure, Georgia retailers ought to think twice about putting sleazy-sounding products on their shelves, but the state Legislature went way too far when it criminalized the sale of marijuana-flavored candies.

Under a new law, Georgia will ban the sale of candies with drug-themed names like "Kronic Kandy" and "Pot Suckers" to minors. It slaps violators with a misdemeanor and imposes a fine of up to $500 for each offense.

One of the problems with the new law —- and there are many —- is that it doesn't define very well what the banned flavor really is or who should be empowered to determine whether the candy really tastes like marijuana. That will make it difficult, if not impossible, to enforce.

The candy contains no trace of the drug whatsoever —- which is why it is a legal product. The flavor comes from hemp, an herb that can also be found in a variety of natural products, from granola to lip balm.

The movement to ban the pot-flavored candies began several years ago when students and parents in the Osborne High School area in Cobb County started demanding that convenience stores take them off their shelves. They believe the products are aimed at young children as a way to entice them into trying marijuana, although there is no evidence the candies are habit forming or in any way addictive.

The Legislature introduced a bill to ban the sale to minors in 2007. When it finally made it to the floor on the final day of the 2008 session, a few skeptics pointed out that the proposed fine for selling marijuana-flavored candy was up to $1,000, while the fine for possession of an ounce or less of marijuana itself was only $500. They passed an amendment to make them match.

Legislators are loath to appear soft on drugs —- or something that might taste like a drug —- so Georgia became what appears to be the first state in the nation to ban the sale of candies with funny names.

—- Mike King, for the editorial board (mking@ajc.com)

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