Viridis Laboratories has faced ongoing allegations of exaggerating THC levels while minimizing the potential risks associated with cannabis.

A Michigan judge has found that Viridis Labs cannabis testing facilities run by ex-cops inflated and exxagerated THC levels violating testing results and misleading the public.

An administrative law judge has found that a cannabis testing company launched by three former Michigan State Police cops repeatedly violated state rules by using unapproved testing methods and failing to properly document laboratory procedures, despite warnings from regulators.

The decision marks the latest development in a years-long conflict between the state’s Cannabis Regulatory Agency (CRA) and Viridis Laboratories, which operates facilities in Lansing and Bay City and tests more marijuana than any other lab in Michigan.

In just one instance technicians incorrectly identified visible mold on a sample and approved it, referring to it as “mite poop,”…

The laboratories were founded in 2018 by Greg Michaud, the former director of the Michigan State Police forensic division, Todd Welch, a retired forensic scientist from MSP, and Dr. Michele Glinn, a former toxicologist for MSP. Nevertheless, shortly after they began to establish a presence in the industry, state regulators expressed concerns regarding potentially inflated THC levels and the failure to follow essential scientific protocols.

Stories of inflated THC levels have become so widespread that some consumers boycott cannabis products tested by Viridis, which critics say is often reporting suspiciously high potency.

The judge determined that Viridis breached several administrative regulations by straying from established testing protocols, neglecting to validate modifications to those protocols, and failing to keep sufficient records for microbial testing.

In one instance, technicians incorrectly identified visible mold on a sample and approved it, referring to it as “mite poop,” based on testimony presented during the hearing. Additionally, inspectors found that technicians were employing lower magnification levels than necessary when screening flower for foreign matter.

The significant regulatory gap came to light in late 2021 when Michigan enacted its largest cannabis recall to date, compelling over 400 dispensaries to remove an estimated $229 million worth of flower and edibles from their shelves after CRA investigators deemed Viridis’s test results untrustworthy. Numerous dispensaries expressed that the recall jeopardized their financial viability, creating a ripple effect that affected the entire cannabis supply chain throughout the state.

Viridis countered by initiating legal action against the state, alleging bias and regulatory overreach. The company’s legal team contended that the CRA unjustly targeted the labs and sought to undermine the business by disregarding industry standards and enlisting competitors in the inquiry.

The judge determined that there was insufficient evidence to substantiate these assertions. Although a CRA scientist had voiced personal reservations regarding the laboratory’s scientific methods, the ruling indicated that Viridis did not demonstrate any direct connection between the alleged bias and the actions of the agency. Furthermore, the tribunal acknowledged that CRA’s inspections were initiated by specific warning signs, including notably elevated THC levels, reports of moldy products being passed, and inconsistencies in microbial testing results.

Viridis’s Lansing lab demonstrated a remarkable 89% reduction in reported Aspergillus failures compared to other labs in the state, highlighting significant concerns regarding their reliability.

Despite the agency’s conclusions and the considerable backlash from the cannabis sector, Viridis continues to hold a substantial position in the market.

Read more articles about the lab scandals

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No Second Amendment Rights For You

A federal judge in Michigan has ruled that a man with a prior misdemeanor conviction for domestic violence remains prohibited from possessing firearms under federal law, even though a Michigan state court had previously set aside that conviction.

Jeramy Wilburn, the plaintiff in the case, began acquiring firearms after his domestic violence conviction was set aside by the state court, believing he was once again eligible to do so. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confiscated his weapons, asserting that he was still federally prohibited from owning them.

Wilburn subsequently sued the ATF and its Director, alleging violations of his Second Amendment rights and seeking a preliminary injunction to have his firearms returned.

U.S. District Judge Susan K. DeClercq sided with the government, granting their motion to dismiss Wilburn’s lawsuit and denying his request for a preliminary injunction. Judge DeClercq explained that under federal law, specifically 18 U.S.C. §921(a)(33)(B)(ii), a prior domestic violence conviction only ceases to be a bar to firearm ownership if the state procedure used to set aside the conviction “completely remove[s] all effects of the conviction.”

Citing the Tenth Circuit Court of Appeals’ decision in Wyoming ex rel. Crank v. United States, Judge DeClercq noted that the terms “expunged” and “set aside” in federal law are intended to be equivalent and require the complete removal of all consequences of the conviction.

The court found that Michigan’s law regarding setting aside convictions does not meet this federal standard. Judge DeClercq pointed out that Michigan law explicitly states that a conviction may still have various legal ramifications even after it has been set aside.

Therefore, Judge DeClercq concluded that “as a matter of statutory construction, the relief Wilburn received under Michigan’s set-aside procedure did not expunge or set aside his conviction for purposes of federal law.”

The 21-page ruling is titled Wilburn, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.; MiLW No. 02-109059.

Link to the full text of the opinion

USCOURTS-mied-2_23-cv-13170-2.pdf 

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