NY bans sale of caffeine-infused cannabis

No more wake and bake!

State regulators have banned the distribution of cannabis pills that are also infused with caffeine — a combo that’s been a popular pick-me-up for fitness buffs and office professionals, The Post has learned.

The New York Office of Cannabis Management issued a stop order to Hudson Cannabis, an upstate marijuana/hemp farmer and processor that provides the key ingredients for the related cannabis brand 1906.

1906 sells two different “drops,” or pills, with low doses of THC and higher amounts of caffeine marketed as “Go” and “Genius” in small cylinder containers.

The firm’s “Go” drops contain 80 milligrams of caffeine and 2 mgs of THC-extract and 5 mgs of cannabidiol [CBD]/ weed extract and other plant-based or herbal ingredients. Go is marketed as an energy stimulant.

Its Genius pills contain 20 mgs of caffeine mixed with 2.5 mgs of TCH and 5 mgs combined of CBD and Cannabigerol (CBG), also found in the marijuana plant, and other herbal or plant extracts. It’s touted as a “brain power” supplement to boost focus and memory and calmness.

The 1906 cannabis pills have been marketed in New York since February of last year.

But OCM regulators issued a “quarantine,” or stop order, for the 1906 tablet July 24 after inspecting the 1906 combined cannabis-caffeine mix products at the Hudson Cannabis facility.

“Evidence supports that ingredients used in product are not allowed to be used in cannabis products,” said the quarantine order signed by inspectors Natalie DeLong and Matthew Hinken.

The order said the mixed ingredients “may jeopardize public health or safety.”

The company marketing 1906, which has been sold in seven states including New York, is appealing the ruling banning the sale of $1 million of its inventory in New York.

A lawyer for 1906’s parent firm Nuka Enterprises, Matthew Schweber, said OCM cited what he described as a wacky decaffeination rule that forbids infusing pure caffeine into cannabis products but allows “naturally occurring caffeine.”

The rule states,  “A processor is prohibited from processing any products which… contain any non-phytocannabinoid ingredient that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination, known or unknown, with other psychoactive substances. This prohibition shall not apply to products containing naturally occurring caffeine, such as coffee, tea, or chocolate.”  

OCM claims that caffeine increases “potency, toxicity, or addictive potential or… create(s) an unsafe combination [with cannabinoids],” Schweber said.

“But OCM can’t say which prohibition exactly caffeine triggers? Does caffeine increase cannabis’ ‘potency?’ Does it increase its ‘toxicity’ or its ‘addictive potential?’  Does it create ‘an unsafe combination?’ ” Schweber said.

“They can’t say. Do they have documented evidence of any of the dangers of combining caffeine and cannabis? No, of course not,” the lawyer said.

Schweber said the “crazy” part is that state regulators don’t explain why “naturally occurring caffeine” is OK but added caffeine is not.

“Do they have any evidence that supports the difference? No, of course not,” he said.

By comparison, OCM permits the sale of Harney Brothers Cannabis-Infused Nitro Coffee, which contains 225 mg of caffeine per serving,” Schweber said.

Even some of the 63 cannabis retail sellers in the metro region that carry the 1906 tablets were stunned that the cannabis-caffeine products were pulled from the market.

There are now 222 licensed pot dispensaries throughout the Empire State.

“I’m very surprised. It’s completely unexpected,” said Osbert Orduna, CEO of The Cannabis Place in Middle Village, Queens.

“The 1906 products are very popular with all age groups. It’s a big seller. We have professionals who use 1906 as well as customers who exercise, go to the gym. There’s an ease of use. People are comfortable taking a tablet,” he said.

Orduna said coffee and cannabis are considered a good combination for alertness and calmness.

“Adult customers should decide whether they want the product,” he said.

The Office of Cannabis Management did not respond to a Post request for comment.

The jury appears to be out in the medical community on what health impact — drawbacks or benefits — there may be from mixing cannabis and caffeine.  

Medical research is limited on how caffeine and marijuana interact with each other. But there’s some evidence that indicates consuming the two together could produce different effects on a user than taking  them separately.

Caffeine is known to act as a stimulant to energize people, while marijuana and cannabis can act as either a stimulant or  depressant. The effects of weed vary, but many people say the buzz makes them mellower or relaxed.

A 2012 study that looked at how a combination of caffeine and low-dose cannabis affected rats suggested that the combination seemed to negatively affect working memory more than a higher dose of weed extract would on its own.