Cannabis Edibles Should Not Have Kosher Certification: It is a Health and Safety Issue

By Eric Bornstein BS, DMD

In the last 18 months, I have given several seminars on behalf of MASK (Mothers & Fathers Aligned Saving Kids) to New York yeshivas, Jewish drug rehab and counseling groups, and parents on the subjects of vaping nicotine, recreational and medicinal marijuana (smoking, vaping and edibles), alcohol, and opioid addiction. In the last four years, I have given similar seminars to over 125,000 medical professionals throughout the United States. During these four years, I have listened to numerous horror stories from nurses, addiction counselors, psychologists, and social workers about what these drugs are doing to our young people in America, specifically in the Jewish community.

The stories from my audiences are disturbing, painful, and honest. It is not a pretty picture. I have been frequently surprised at the prevalence of vaping nicotine and marijuana and the increasing consumption of cannabis edibles amongst our children, some as young as 11 years old. Most recently, I have joined the staff of a yeshiva in Suffern, NY, teaching a health class to the eleventh grade which includes many topics, among them: proper nutrition, proper sleeping habits, the circadian rhythm, the importance of exercise, and the problems of drugs and alcohol in the greater frum Jewish community.

Drawing on my extensive research done to write and deliver over 2500 lectures on these subjects, I believe that the primary issue for Klal Yisrael to understand is that today’s use of cannabis edibles is neither healthy nor safe. Cannabis edible use is becoming an increasingly significant health problem for Jewish adults and children. In the last six weeks alone, I have personal knowledge of cannabis edibles being consumed at Jewish summer camps, Jewish adolescent overdoses from cannabis edibles, and marijuana candies being given out to young guests at a Jewish wedding. I believe recreational cannabinoids are not substances that should be provided kosher certification, as a hechsher gives the impression of health and safety to uninformed and unaware Jewish consumers.^1-4

My arguments for this belief will not speak to the issue of whether cannabis is kosher or the halachic implications of using THC or CBD. These issues are far better discussed by qualified poskim, of which I am not. My arguments stem from the fundamental health and safety problems concerning THC and CBD and the unfortunate ignorance of the general public (Jewish and otherwise) as to what they are buying, consuming, and allowing their children (knowingly or unknowingly) to consume. I have written this editorial in the form of a scientific journal article and simultaneously attempted to keep it easily readable and understandable for laypeople. I have also published my views on the dangers of smoking and vaping nicotine and cannabis in the Jewish print media.⁵

Let’s Put Everyone On The Same Page

Every human being is born with an Endocannabinoid system. With this system, we create and use endocannabinoid molecules as neurotransmitter inhibitors every moment of every day.⁶ In simple terms, endocannabinoid molecules slow down how quickly nerves will fire (i.e, they inhibit neuron transmission). The endocannabinoid system acts as a “breaking mechanism” to soften fear-evoking stimuli and assist a person in regulating appropriate behavioral responses to different events and experiences. Dysregulation of the endocannabinoid system (via disease or drugs) can lead to psychiatric disorders and addiction.⁷ Human endogenous endocannabinoids modulate neurons in the brain⁸ and the peripheral nervous system.⁹ The scope of endocannabinoid regulation in human physiology is vast. Endocannabinoids play a part in the control of human physiologic processes as diverse as movement and motor coordination,¹⁰ pain,¹¹ appetite,¹² vomiting,¹³ addiction,¹⁴ the immune system,¹⁵ and fertility.¹⁶ These vital processes can all be altered with cannabis edibles.

This human endocannabinoid system is very susceptible to Phyto-cannabinoids (i.e., cannabinoids from plants) THC (psychoactive) and CBD (non-psychoactive); and synthetic cannabinoids (a cannabinoid drug created in the lab). These plant and synthetic cannabinoids can have profound and adverse effects on human physiology and addiction through the dysregulation of the endocannabinoid system and the limbic system (pleasure center of the brain). Dysregulation with powerful plant and synthetic cannabinoids will often lead to tragic results and adverse drug reactions.^{17, 18} Adverse drug reactions can occur when a person consumes THC and/or CBD with blood pressure medication, anxiolytics, ADHD meds, opioids, cholesterol meds, alcohol, and many other substances.¹⁹

Question: Is there any other psychoactive and potentially dangerous drug placed in foods as diverse as gummies and breakfast cereal that have been approved for Kosher certifications? I can’t think of a single one.

Cannabis and the Law: Marijuana and THC

The use and possession of marijuana have been illegal under federal law (for any purpose) since the Controlled Substances Act of 1970 (CSA). Under the CSA, marijuana (delta-9-tetrahydrocannabinol, or THC) is classified as a Schedule I substance and is determined to have a high potential for abuse. The federal government has essentially ignored this Schedule I designation for the last three presidential administrations. In 2013, during the Obama administration, the Justice Department issued the infamous “Cole Memo” which formally adopted a hands-off approach to federal marijuana prosecutions in states with marijuana-friendly policies, as long as other federal priorities were not implicated (such as combating gang and cartel activities or preventing the distribution of marijuana to minors).²⁰

In 2018, during the Trump administration, Attorney General Jeff Sessions rescinded the Cole Memo and advised federal prosecutors to decide on their own under which circumstances to prosecute marijuana possession based on their state’s priorities. In April of 2022, during testimony to the Senate Appropriations subcommittee, the current Attorney General, Merrick Garland, stated that prosecuting the possession of marijuana is “not an efficient use” of federal resources, but he has not yet reinstated the Cole Memo as guidance.²¹ Therefore, even though most states have legalized either or both the medical and recreational use of marijuana/THC, it is still federally illegal. People are arrested and prosecuted daily for possessing and using marijuana and THC derivatives.²²

Question: Is there any other federally illegal drug/product on the market placed in foods and candies that have been approved for kosher certifications? I can’t think of a single one. Would anyone think it was a good idea to give a kosher certification to cookies or candy bars with Percocet®  or Prozac®  in them?

Hemp and CBD

In December of 2018, President Donald Trump signed the 2018 Farm Bill into law. This bill removed hemp (defined as Cannabis sativa) and its derivatives of cannabis from the definition of marijuana in the CSA. The caveat was that for hemp and its derivatives (mainly the non-psychoactive molecule CBD) to fall under the new law, they had to have exceptionally low concentrations of the psychoactive compound in marijuana THC of no more than 0.3 percent THC by dry weight.²³ However, little known and widely misunderstood is that the same 2018 Farm Bill also preserved the FDA’s complete authority over all hemp products, and all hemp products must meet any applicable FDA requirements and standards. These are the same standards that must be met for any other FDA-regulated product, such as foods, dietary supplements, human and veterinary drugs, and cosmetics.

The only FDA-approved CBD product on the market is the drug Epidiolex® for the treatment of seizures in rare and severe pediatric diseases. It is therefore unlawful under the Federal Food, Drug, and Cosmetic Act (FD&C Act) to introduce into interstate commerce a food or supplement to which has been added a substance that is an active ingredient in an approved drug product (i.e., CBD) or a substance for which substantial clinical investigations have been instituted, and the existence of such investigations has been made public (i.e., CBD).

The FD&C Act means that all CBD food and supplements are still illegal in the United States,^24-26 even as the federal government has chosen not to interfere with existing CBD interstate commerce on the whole. The FDA, however, regularly sends warning letters to companies making, selling, and advertising CBD for business practices that violate the FD&C Act.²⁷  These facts open to significant potential legal exposure (civil and criminal) any persons or companies making, selling, and advertising unapproved cannabis (THC and/or CBD) products.

For example: 1. Many CBD products are marketed as dietary supplements, violating the FD&C Act.²⁸

2. Many CBD companies have made shocking health-benefit claims without FDA approval and zero peer-reviewed evidence to back up their claims, and therefore in violation of the FD&C Act.²⁹
3. Many CBD products are contaminated with heavy metals and pesticides that can lead to toxic exposure injuries.^30-32
4. There is zero federal testing of any CBD or THC edibles currently on the market. Many contain dangerously high amounts of THC that are getting into the hands of children, who end up in emergency rooms.³³
5. A consumer will get more federal oversight of the chicken leg and hamburger patty purchased at the local supermarket, because at least the USDA is checking these products for E. coli and Salmonella.³⁴
6. With very little regulation and minimal quality control requirements, companies may sell toxic cannabis products without proper warning labels.^35,36
7. The National Institute of Standards and Technology just issued a report assessing the accuracy of testing at 116 different laboratories for THC and CBD. The report and recent peer-reviewed data note a wide range of variability in the testing of cannabinoids, producing inaccurate and confusing product labels.^37,38
8. A recent report on consumer CBD products stated that more than half of the CBD oils tested had enough THC to appear on a marijuana drug test with regular use. The report explicitly stated, “Patients and consumers risk side effects, interactions, and failed drug screenings.”³⁹

Question: Is there any other product on the market flagrantly breaking FDA regulations under the Federal Food, Drug, and Cosmetic Act and potentially tainted with federally illegal Class 1 substances (THC) that has been approved for kosher certification? I can’t think of a single one.

Are There Any Guidelines For Safe Dosing of CBD and/or THC?

My first suggestion for anyone determined to try consumer CBD is to stop and think again for a moment until the desire passes. If that does not work, I would then take a good hard look at the FDA package insert for the only FDA-approved CBD product, Epidiolex®.⁴⁰

The first issue to examine in the Epidiolex package insert is the “Dosage and administration” segment where the following statement is presented as the first line item: “Obtain serum transaminases (ALT and AST) and total bilirubin levels in all patients prior to starting treatment.”

ALT stands for the Alanine Aminotransferase test and is a blood test that checks for liver damage. AST stands for the Aspartate Transferase test and is also a blood test that checks for liver damage. A Bilirubin test is used to measure the amount of bilirubin in your blood, and if it is high, your physician will look for underlying health conditions such as jaundice, anemia, or liver disease.

The FDA presents this guidance for liver function tests as the first line item in the “Dosage and administration” segment because CBD is metabolized in the liver (as is THC), and too much of it can cause significant liver harm.

Here are the exact warning statements from the FDA concerning commercial CBD products: ⁴¹

“CBD has the potential to harm you, and harm can happen even before you become aware of it.

CBD can cause liver injury.

CBD can affect how other drugs you are taking work, potentially causing serious side effects.

Use of CBD with alcohol or other drugs that slow brain activity, such as those used to treat anxiety, panic, stress, or sleep disorders, increases the risk of sedation and drowsiness, which can lead to injuries.

Male reproductive toxicity, or damage to fertility in males or male offspring of women who have been exposed, has been reported in studies of animals exposed to CBD.”

None of these warnings are found in any commercial unregulated CBD product. They are only found in the Epidiolex packaging because they are the issues that presented themselves during the 7+ years of clinical testing that Epidiolex was put through to gain FDA approval.

In analyzing the Epidiolex studies, the FDA found that 33.9% of patients taking 10 mg CBD/Kg Body weight/Per day had elevated liver ALT enzymes.⁴² For the average person utilizing commercial CBD, this potentially means that 3 out of every 10 people weighing 150 lbs (68 Kg) taking 70 mg of CBD per day would potentially have elevated liver enzymes. This would not be a significant worry for a young, healthy person. However, in a 75-year-old grandmother using oral CBD for knee pain (without evidence or data), already taking three or four different medications for blood pressure, cholesterol, cardiac arrhythmia, and depression, it could be catastrophic.⁴³

In a consumer product of CBD oil, 70 mg of CBD could easily be consumed with half a dropper full of CBD from a 30 ml bottle of 5000 mg CBD oil per bottle. These products are being sold everywhere, against FDA regulations. There is also no data to suggest that oral CBD is beneficial for any muscle or arthritic pain. It is, in fact, the opposite.⁴⁴

Recently, the Lown Institute published a polypharmacy critique of the American medical system and came to the following conclusions:⁴⁵

1. Every day, 750 older people living in the United States (age 65 and older) are hospitalized due to serious side effects from one or more medications.
2. Over the last decade, older people sought medical treatment or visited the emergency room more than 35 million times for adverse drug events with more than 2 million hospital admissions.
3. Older adults are hospitalized for adverse drug events at a greater rate than the general population is hospitalized for opioids.

All these issues are relevant when adding CBD or THC to an existing medication regimen for older adults. Adverse drug reactions happen daily because unaware consumers add CBD and THC to their current medication schedules.⁴⁶

For “safe” THC dosing, the issue is worse. The most studied THC/CBD combination product on the planet is an Oral Spray product called Sativex®, made by the same company that makes Epidiolex. Sativex is approved in 25 countries around the globe but not yet in the United States. Each spray of Sativex in the mouth delivers 2.7 mg THC. In the Sativex package insert the contraindications state:⁴⁷

SATIVEX is contraindicated in:

• Patients with cardiovascular diseases, such as ischemic heart disease, arrhythmias, poorly controlled hypertension or severe heart failure.
• Patients with a history of schizophrenia or any other psychotic disorder.

These warnings are present because THC raises blood pressure and the cardiac rate of patients in doses as small as 7 mg taken orally.⁴⁸ Almost 2/3 of the population over 65 in the United States has some type of cardiovascular disease, ischemic heart disease, or arrhythmia, and should not consume THC. Yet, cannabis products are being sold all over the United States with 100 mg or more THC per package!⁴⁹ With little understanding of the dosage warnings by the average consumer, and incorrect labeling on many products, a large study recently reported that few cannabis users can even identify the amounts of THC and CBD in their products of choice.⁵⁰

For our children aged 10-24, there is NO safe dose of THC. THC dramatically increases dopamine levels in the brain leading to rapid addiction in young people. An ever-growing body of evidence suggests that young people who utilize THC will face greater psychiatric and psychosocial problems than those not using THC.⁵¹ Also, young people with any substance use disorder are more likely to abuse prescription drugs in adulthood.⁵²  If that is not alarming enough, genetic changes in genes (DNA) associated with growth, development, and behavior have been found in the zerah of young men consuming marijuana. Children fathered by men using marijuana can inherit these epigenetic changes and show behavioral impairments for life.⁵³

In adolescence, ages 12-24, the human brain goes through an extensive wiring and maturation process. The young brain is especially vulnerable to drugs such as nicotine and THC, as pleasure centers governing motivation and reward mature far more quickly than the prefrontal cortex, which regulates behavioral inhibition and logical thought. As a result of the high potency and addictive nature of THC, a recent study described that the critical “indicators of economic well-being” in young adulthood, such as educational attainment, occupational prestige, and income, were significantly lower in individuals that were regular users of THC.⁵⁴ THC will only make the transition from teens to twenties far riskier and impose potentially permanent physiologic and psychological roadblocks to success and financial stability.

Question: Is there any other federally illegal product on the market potentially causing this many geriatric adverse drug reactions and adolescent addiction issues that has been approved for kosher certification? I can’t think of a single one.

Conclusions

Unfortunately, in the United States, there is a terrible Opioid and Methamphetamine epidemic that has been ravaging the country for the last thirty years that is unabated and getting worse by the day.⁵⁵ It is my firm opinion that we are witnessing the beginnings of a cannabis epidemic in America. This nascent epidemic is being created by the politicians and cannabis companies pushing and selling addictive cannabis products in the open with the false imprimatur of legality and safety.

Many cannabis companies are selling these ideas to doctors who are not yet aware of the dangers of these edibles or their interactions with their patients’ medications. The doctors then sell them (literally and figuratively) to their patients. All claims that THC is not addictive are false, ill-informed, and dangerous. Today’s THC is very addictive and sold in amounts approaching 100x that seen at the Woodstock music festival 53 years ago.⁵⁶

I encounter and discuss daily with professional audiences and students the human carnage that arises from the cannabis business in America. America is awash in drugs. The cannabis companies are essentially brainwashing the American public with powerful marketing strategies, causing people to take more and far stronger THC-based products than ever before.⁵⁷ Cannabis marketing, with claims of miraculous efficacy, is growing ever larger for senior citizens because the marketing research shows that seniors are generally easy targets for these types of drugs.⁵⁸

At the same time many cannabis companies deny the damaging health effects of cannabis,⁵⁹ they finance research that they tout as “independent.”⁶⁰ Many companies market to teenagers,⁶¹ and the larger companies spend millions of dollars on lobbying efforts for pro-cannabis politicians.⁶² To make matters worse, the FDA is essentially turning a blind eye to most of the industry, including the premiere of new synthetic cannabinoids into the marketplace.⁶³

I have even seen advertisements that seem to be inventing diseases that then (of course) need to be treated with cannabis. Certain industry aspects suggest we self-diagnose vaguely defined mental disorders and then they advocate that we medicate these disorders with cannabis.⁶⁴ All pharma companies understand well that if they hook a patient on their products while they are young, they will potentially have a customer for life. Simple examples of this truth are opioids, ADHD meds, and nicotine. I do not think I would be that far off to suggest that maybe cannabis is not the answer to every human problem. For many cannabis companies, such a statement would be considered illegitimate and alarmist.

In my opinion, the cannabis industry is traveling the well-hewn pattern of drug deception.⁶⁵ We have no idea what the long-term ramifications of cannabis are for young and older people. What we do not know about these edibles is a very thick book. Big pharma (the kind that has actually done studies and seeks FDA approval for drugs) has been caught many times over the years purchasing clinical trials,⁶⁶ bribing scientists and physicians, and distorting data,⁶⁷ and “ghost-writing” articles for peer-reviewed journals.⁶⁸ Are we to believe for a moment that this is not happening in today’s unregulated cannabis industry?

These amounts of dangerous, addictive psychoactive chemicals are literally astonishing in their potency compared to just a few years ago. Cannabis companies are making products that are addicting their users. The companies use social and psychological profiling for advertising these chemicals to young people.⁶⁹ To make matters worse, the young people looking to try edibles or vaping for the first time “to relax” or to “help anxiety” are bombarded with messages that THC and CBD are “legal and safe.” Young people then do not trust our messages (i.e., from yeshivas and parents) after being told other dangerous and incorrect statements first. I will ask the same question again, at the risk of being pedantic: Are there any other products on the market carrying such health and safety issues that have been approved for kosher certifications? I can’t think of a single one. And I think we can do and be better.

“What About Kosher Certifications On Alcohol?”

The prohibition of alcohol ended in the United States on December 5, 1933. It has been legal for the last 89 years. Even so, there is no question that: Alcohol has catastrophic effects on children and adults across the world; Alcohol is addictive and interacts with many drugs in harmful and dangerous ways; In many shuls teenagers are allowed to partake in Kiddush with the adults consuming high proof alcoholic beverages; Most adults have observed excessive alcohol intake by young people at simchas, on Shabbos, and indeed on Purim.

Should we now compound these facts by giving kosher certification to cannabis? Unlike cannabis, the alcohol industry is heavily regulated in the United States by the Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, which regulates all aspects of alcohol production, importation, wholesale distribution, labeling, and advertising.⁷⁰ With this federal regulation comes mandated accurate labeling (not seen with cannabis) and mandated consumer warnings (also not seen with cannabis).

The average consumer is generally savvier about alcohol. They intuitiuvely understand the difference in alcohol content between a light beer, a glass of wine, and two ounces of vodka or scotch whiskey. However, in study after study, it has been shown that the average consumer does not even understand the fundamental difference between THC and CBD.^71-73

The average consumer of cannabis is like the simple son on Pesach; they don’t even know what to ask about the dangers, addiction potential, and drug interactions. A major study by the National Institute on Drug Abuse recently listed nine different consequences of simultaneous marijuana and alcohol use in young people such as cognitive effects, academic and occupational effects, risky behavior, and dependence. All consequences were worse when alcohol and cannabis were used simultaneously.⁷⁴  Should we now compound these facts by giving kosher certification to cannabis?

Further, no one is advertising to seniors to drink alcohol for arthritis pain or to help them sleep. No one is advertising to adolescents to drink alcohol for anxiety disorders or to cure depression or PTSD. Finally, all medications that have negative interactions with alcohol (opioids, SSRIs, anxiolytics, and Tylenol) list alcohol in the adverse drug reaction sections of the medication directions. We simply know and understand more about alcohol, its limits, and its dangers. This level of knowledge and understanding about cannabis is almost non-existent.

Therefore, we need to get our message to the young people first about the addiction potential and dangers of cannabis edibles.⁷⁵ We can no longer sit back naively and say our children are safe because we send them to excellent boys’ and girls’ yeshivas. Here are my suggestions:

1. Every yeshiva should begin speaking to its students about these dangers in the 6th grade.
2. Every yeshiva should institute a nicotine and THC drug testing policy to inhibit cannabis use and vaping in their institution.
3. Every yeshiva should have someone trained in these areas to counsel students (and parents) who test positive for these substances.

We are at war with multi-billion dollar actors manufacturing and selling these addictive chemicals, and the casualties of this war are our friends, family, and children.

Dr. Eric Bornstein is a Biochemist, Dentist, and Photobiologist and lives in Suffern, NY. Dr. Bornstein has managed multiple human clinical trials in the infectious disease medical device space, culminating in three FDA approvals. He currently lectures for the Institute for Natural Resources (http://inrseminars.com) on Opioids, Marijuana, Vaping, Hallucinogens and Psychedelics, and Addiction. Dr. Bornstein’s first novel, “The Goliath Pathogen,” will be published by ADIR Press in early 2023. To schedule a seminar for your school with Dr. Bornstein, please contact MASK (www.maskparents.org) at 718-758-0400. 

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