MIAMI (CBSMiami) – As Halloween candy fills store shelves, Miami-Dade Commissioners unanimously approved a resolution Tuesday which condemns the sale of a controversial candy at South Florida stores.

“Pothead Candy” are shaped like marijuana plants and sold in the form of lollipops, gummy sours and ring pops. Commissioner Jose “Pepe” Diaz introduced the resolution at Tuesday’s Miami-Dade Commission meeting which urges retailers, with the exception of adult novelty stores, to remove the candy from its shelves.

The packaging includes a smiling, pot-smoking, peace-sign waving cartoon figure. Marijuana leaves are also all over the bag with the word “legalize” emblazoned in large lettering across the package.

The “Sour Apple Ring Pots” and “Pothead Lollipops” are made only of sugar and artificial coloring and do not contain any illegal substances.

“There’s a difference between selling a candy like this at an adult novelty store, which sells to people over the age of 18, and a retail store that can sell ‘pothead candy’ to minors,” said Commissioner Diaz. “Kids are already bombarded by the pressures of a pervading drug culture, and this candy, with its cartoon depictions, is obviously targeted at them. Local retailers selling this product so it’s accessible to minors really need to think about the message they’re sending to kids. It’s just irresponsible, plain and simple.”

A copy of the resolution will be sent to the Florida Congressional Delegation, Miami-Dade County State Legislation Delegation, Greater Miami Chamber of Commerce, Florida Retail Federation, and the manufacturer of pothead candy, Kalan LP, in Lansdowne, Pennsylvania.

This isn’t the first push to have the candy banned. There is also a move to have it banned in stores in New York.

The owner of the candy that makes the candy, Andrew Kalan, said recently despite the fact that the wrappers say “Legalize” and the packaging certainly seems geared toward children, his motivation is purely business. He said the product sells well and the company simply spotted a trend in the marketplace and is making products to capitalize on those trends.

Comments (15)
  1. cassandra says:

    Thank you for doing this.

    Drugs are hurting the children. Please come to the neaighborhoods and you will see many sad stories.

    These people have no right to “make popular” drugs.

    1. Say What? says:

      So Cass, you say that there is no right to free speech? What possible law could be used to ban this? The suckers contain no chronic, and contain no illegal words or phrases. Should the misguided city fathers and mothers ban crosses with WWJD because they might offend atheists or jews. Mark my words, if they do this they’ll be sued for not understanding the constitution, and they will have egg on their face.

      1. Mike says:

        Honestly you’re both wrong.

        They did the right thing. It’d be like having beer bottles or cigarette candy. They did not ban it outright, they just limited to adult-oriented stores.

        In other words here, nothing to see.

  2. cosmicwizz says:

    When is this USA going to grow up? The insanity continues with no end in sight. Common sense and reason have become insignificant and hardly ever used in decision making. What is going to be banned next? Welcome to the third world.

  3. Justt Saay Noww says:

    How hypocritical the this article has a whiskey banner over it.

  4. Wolf Wolfenstein says:

    best free advertising

  5. tibi K says:

    These are not drugs, its pure candy, and the ban will never fly, its unconstitutional.

  6. John D Lamb says:

    Comments please.

  7. Marcos says:

    We need to decide once and for all whether we´re going to be the land of the free or not. Because right now all we have is censorship. You can´t say certain words on TV or the radio, you can´t have nudity on TV, this is not freedom. Where is this freedom? We keep hearing that freedom isn´t free and we keep paying for it but we are not free.Our freedom is a lie and we believe it for fear of facing the truth.

  8. i8jomomma says:

    who cares about the ban……………sell it anyway……… sell it in new york………sell it all over the world cause we want it……….and if ya don’t like it ………..too bad ……… with it and stop crying…………don’t listen to the cry babies or anybody else……… got a good idea………..i wish i thought of it first…….and if anybody told me to take it off the shelves, i would tell them to go F@*K themselves and i would sell it anyway

  9. kourtney says:

    lol , i agree with i8jomomma. people do it all over the world , an its just candy.

  10. Cecelia says:

    These idiots have nothing better to do than to ban candy? How about doing something worthwhile…like creating harsher laws for real drug dealers or, if you are so worried about children, going after pedophiles full force. How about creating an anti-drug program or donating (time and money) to a charity that aids in keepping people off of real drugs? But no…waste time, money, and effort banning lollipops shaped like plants. That totally makes more sense than doing something that will make a difference in the world.

  11. mj_advocate says:

    It’s sad that public officials are wasting time and money on this issue and creating needless regulations. (especially with all the budget cuts!) Some people have fear around marijuana. It’s just a simple home remedy. Certainly you can abuse it…..get all smoked up etc, but you can abuse a car or a hammer too. Teach your kids how to use a hammer and a car, and how to approach recreational drugs. Not before school. Not before work. Not before driving. Not in excess. Use common sense and good judgement. Most kids will try it. Most of those who try it will leave it behind. With a little coaching you can get past this on to more important issues.

  12. erik60505 says:

    at least the senate got chewing tobacco banned from the world series. We should all be ashamed. Ready for change?

  13. Magnimus says:

    Obviously they are making a political statement to legalize drugs with the product. To ban it is an infringement on freedom of speech.