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By Rachel Dobkin
Weekend Reporter
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The California Department of Public Health (CDPH) issued a warning on Thursday over "unsafe" weed soda.
The CDPH warned consumers not to drink Mary Jones hemp-infused sodas for "risk of unintended cannabis intoxication, illness, or injury," according to a press release from the department.
The sodas were found to be mislabeled because "prohibited" tetrahydrocannabinol (THC) isolate ingredients were identified in the product.
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Hemp is different from marijuana. Hemp has low amounts of THC and high amounts of cannabidiol (CBD) while marijuana has high amounts of THC and low amounts of CBD.
"Industrial hemp products are legal in California but are prohibited under state law from containing THC isolates," the CDPH wrote in its release. "The state confirmed through laboratory testing that Mary Jones sodas are mislabeled and violate state law by containing Delta-9 THC isolate."
The department's warning applies to the 12-ounce cans of the following Mary Jones soda flavors: Orange & Cream, Berry Lemonade, Green Apple, and Root Beer. The cans say "Hemp-infused" on the front as well as "Hemp-derived THC" and "0% alcohol" around it. For the full list of products related to this warning, visit the CDPH's website.
The sodas were distributed to retailers across California and are also sold on the Mary Jones website.
If customers feel ill after consuming these products, the CDPH advises to consult with a health care provider, adding, "Anyone finding these products for sale should call the CDPH Complaint Hotline at (800) 495-3232 or submit an electronic report here."
The CDPH told Newsweek via email on Friday night: "At this time, CDPH has not received any reports of unintended cannabis intoxication, illness or injury relating to Mary Jones hemp-infused sodas."
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"California simply will not tolerate the distribution and sale of unsafe, mislabeled and illegal products that put the health of the public at risk," CDPH Director and State Public Health Officer, Dr. Tomás J. Aragón said in Thursday's press release. "We continue to work with partners across the state to help protect our communities, especially our youth, from illegal hemp products."
Jones Soda Co. told Newsweek in an emailed statement on June 5: "Mary Jones hemp delta 9 (HD9) sodas in California are in compliance with California regulatory requirements. Our products are created with licensed, experienced third-party industry partners following the protocol required by the state. We are also an active member of the Hemp Beverage Alliance with other hemp-based beverages, helping to build a safe, thriving and ethical hemp beverage industry.
"There have been no safety issues with our products despite multiple millions of beverages sold. We are eager to work with the California Department of Public Health (CDPH) to rectify the recent advisory about our HD9 sodas and help support the state in advancing hemp beverages."
Jones Soda Co., based in Seattle, launched its Mary Jones brand in March 2022. The Mary Jones website labels the brand as "a delta-9 THC spinoff of Jones Soda," with beverages that are "100% federally legal."
"All our products are lab tested for potency and sealed with child resistant caps. Our THC sodas come in two dosage options: 5mg and 10mg," according to the Mary Jones website.
The CDPH said in Thursday's release that Jones Soda Co. has not issued a voluntary recall of its Mary Jones sodas. A recall was not found on the U.S. Food and Drug Administration (FDA) website on Friday.
"CDPH issued a notice of violation to the California distributor of Mary Jones beverages earlier this month," the CDPH's release said. "The distributor is subject to additional enforcement action, including civil or criminal penalties, as are retailers that continue to sell these products. "
Update 6/1/24, 10:05 a.m. ET: This article has been updated with comment from CDPH.
Update 6/5/24, 5:25 p.m. ET: This article has been updated with comment from Jones Soda Co. and a new graphic.
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