Winnipeg woman fined for ‘inadvertently’ handing out THC-laden Halloween candy

THC 'Nerds' candy found inside Halloween candy in South Tuxedo in Winnipeg. Nov. 1, 2022. (Source: Winnipeg Police/Twitter)

A Winnipeg woman has been fined for unintentionally handing out THC-laden candies on Halloween in 2022.

As part of a joint recommendation, accepted by Judge Raymond Wyant, Tammy Sigurdur was fined $5,000 for giving out the edibles.

In a teary and emotional address to the court, Sigurdur said, “I want to express how sorry I am for what happened, I’m not going to expect forgiveness and I’m not making excused for what happened. I have should have been more careful...I’m beyond grateful no child was hurt by my actions.”

According to court documents, the incident occurred when Sigurdur ran out of candy to give out on Halloween. In a rush, she grabbed gummies and other sweets from a room in her house. Some of the candy she grabbed contained “Medicated Nerds Rope Bites” - a THC edible - which according to Winnipeg Police Service are nearly indistinguishable from regular ones.

According to an agreed statement of facts, Sigurdur, who was not wearing her glasses at the time, packaged up the items into the small plastic bags, and gave them to her husband, Sheldon Chochinov, who then unwittingly handed them out to trick-or-treaters in their South Tuxedo neighborhood.

The court heard the edibles had been bought for Chochinov.

According to Crown Attorney, Terry McComb the candies in question were not “legally available from licensed Canadian dispensaries” but have been available from unlicensed dispensaries, and for purchase in the United States.

WPS learned of the matter shortly after when it received dozens of reports of kids, between the ages of six and sixteen, finding edibles in their treat bags in packaging which resembled candy. No children were harmed.

The court heard the matter came to Sigurdur’s attention when she learned about a police release notifying the community about the tainted candy, and saw people posting on social media about the packages the candy came, which she noticed resembled the ones her household handed out.

The couple then went to the police and provided lengthy and detailed statements. The evidence mirrored what police found at the scene and the couple was arrested in Nov. 2022.

Defence lawyer, Saul Simmonds, said Sigurdur “saw this as a serious incident immediately.”

According to court documents, Sigurdur had no prior criminal record, and she expressed her profound remorse at the time.

In Sept. 2023, Sigurdur, pleaded guilty to charges of supplying cannabis to a young person under the age of 19, and possessing cannabis that is not packed, labelled or stamped under the Liquor, Gaming and Cannabis Control Act.

The charges against Sigurdur are provincial regulatory offences and not criminal code offences.

The charges against Chochinov were stayed this past November, with no reasons given to the court.

Simmonds said his client “has been seriously distraught from the moment she discovered this error…She has tortured herself from the moment this occurred.”

“Just the thought that it could have had impact on a child is enough to cause irreparable damage to her psyche,” said Simmonds said, adding she has also been hospitalized as a result of the incident.

Meantime, Judge Ray Wyant said, “I accept the fact that is was inadvertent, I do. I have no reason to doubt that whatsoever.”

However, he noted, “it was in the act of obtaining these products that caused a chain reaction that shouldn’t have happened.”