Judge tosses lawsuits stemming from Michigan’s marijuana recall
LANSING, MI — A Michigan Court of Claims judge on Jan. 2 dismissed two lawsuits linked to Michigan’s enormous 64,000-pound, $229 million2021 marijuana recallthat impacted an estimated 60% of all cannabis products in the state.
The dispute centers on the Michigan Cannabis Regulatory Agency’s (CRA) Nov. 17, 2021 decision to recall any marijuana tested between Oct. 10 and Nov. 16, 2021 by Viridis Laboratories, a licensed safety lab tasked with ensuring cannabis products are safe for public consumption.
The CRA issued the recall after noticing the Viridis lab in Lansing passed as safe marijuana that had previously failed testing for the presence of aspergillus, a potentially harmful type of mold.
“We had started noticing in … our statewide monitoring system that packages were failing for aspergillus and then being sent the next day to the (Viridis) laboratories, at which point they were being reported as passing without remediation by the grower,” MRA Scientific and Legal Section Manager Claire Patterson testified on Dec. 2, 2021. If a product tests positive for aspergillus, the mold must be eradicated and the marijuana retested prior to sale.
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Michigan’s largest-ever marijuana recall is at the center of a court matter that the public is forbidden from attending.
The case focuses on Cannabis Regulatory Agency accusations that Viridis Laboratories, one of the largest marijuana safety testing labs in the state, produced inaccurate test results related to potentially harmful contaminants, and inflated THC potency data. Viridis has denied the claims and filed its own lawsuit against the CRA, accusing the regulator of abusing its power and unfairly targeting the safety lab.
“Without having the proceedings being published, it’s possible a lot of things may remain hidden from public view and I don’t think that’s democracy,” said marijuana insider Rick Thompson, who is the executive director of theNational Organization for the Reform of Marijuana Laws (NORML)of Michigan,
Attorney General Dana Nessel’s office is representing the CRA.
Controversial Michigan marijuana testing lab says potency results are legit. IT HAS PROOF!
Michigan regulators and the state’s largest marijuana safety testing lab are at odds.
When customers purchase marijuana off shelves, the Cannabis Regulatory Agency (CRA) has questioned whether the THC potency results on the label are accurate, at least when Viridis Laboratories has provided the results.
The battle began with a monumental recall issued by the CRA in November 2021 on an estimated $229 million worth of marijuana. The CRA claimed safety test results issued by Viridis Laboratories — the lab that tested all that marijuana — were unreliable.
On Oct. 20, plaintiffs seeking a class-action lawsuit, filed claims against the owners of Jeeter marijuana brand pre-rolls in Los Angeles Superior Court, claiming the brand regularly inflates potency and misleads customers for profits.
“For example, the Baby Jeeter Fire OG Diamond Infused 5-Pack Preroll was listed as having 46% THC on the label,” the lawsuit said. “Independent lab testing showed, however, that the actual THC content of the product was substantially lower, between 23-27% THC.”
Similar claims have been levied against products in Michigan that have been labeled with what some have called impossibly high potencies.
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DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
The validity of results issued by marijuana safety labs in Michigan and across the nation have been called into question. There are allegations of labs intentionally issuing higher THC potency test results — which makes the marijuana more valuable to retailers — and passing product that should have failed for reasons, such as, over-limit amounts of yeast and mold or the presence of potentially dangerous pathogens. like aspergillus.
Marijuana producers are the labs’ customers, so issuing low THC results or failing product may result in the loss of revenue for the lab.
The CRA is currently tied up in litigation with one of the state’s largest lab operators, Viridis Laboratories, which is founded by former state police and operates locations in Bay City and Lansing.
The CRA on Nov. 17, 2021, issued a recall on any product tested by Viridis. A state Court of Claims judge subsequently overturned a large portion of the recall that Viridis CEO Greg Michaud called “baseless, meritless and totally detached from science, facts and data.”
Public complaints issued against Viridis by the CRA called into question the validity of Viridis THC tests results and accused the lab of using testing techniques that have never been approved by the CRA.
When asked how the lab is allowed to use unapproved tests, Hanna said: “It’s a good question. We have pending litigation, so we can’t comment on pending litigation that’s in process right now. We’re aware of the concerns.”
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DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
A marijuana recall will proceed in part after a judge denied a testing company’s request for a preliminary injunction for a recall of products tested by one of its labs, but allowed it for the other.
The split decision from Michigan Court of Claims Judge Christopher Murray came Friday after Murray heard more than six hours of testimony Wednesday and Thursday.
Viridis Laboratories, which said the recall affected about 60 to 70 percent of the state’s cannabis products, sued the MRA saying the state was “unjustified, prejudiced and retaliatory.”
A lot of them have lost a lot of money and they’re angry.”
Murray’s opinion Friday said the regulatory agency relied on retesting of product tested at Viridis, which is located in Lansing, but not Viridis North, which is located in Bay City.
“Yet, the recall bulletin expressly states in the first sentence that the MRA ‘has identified inaccurate and/or unreliable results of products tested by safety compliance facilities Viridis North, LLC and Viridis Laboratories, LLC.'” Murray wrote. “As to Viridis North, that does not appear to be accurate, as everyone has agreed that no samples from Veridis (sic) North were included in the random samples re-tested prior to the recall, and which in part led to the recall.”
The Judge blocked the state’s recall as it pertains to Viridis North but allowed it to continue for Viridis as further litigation continues.
The judge acknowledged the Marijuana Regulatory Agency “undoubtedly” believes the recall of both Viridis and Viridis North was necessary to protect the public.
The company applauded the decision in a statement, saying it struck down “approximately half” of the state’s recall.
“While we maintain that the entire recall was completely without merit, we applaud the Court for at least reversing the MRA’s faulty decision to recall products tested at Viridis Bay City,” said Kevin Blair, an attorney with Honigman. “This ill-advised recall has caused irreparable harm not only to Viridis but to growers, retailers and consumers throughout the state.”
After spending his career helping prosecute people for marijuana Greg Michaud now cares how safe the marijuana is to his next generation of client$.
The laboratories claim the recall affected 64,000 pounds of flower valued at retail prices at over $229 million
The state had “immediately implemented actions to comply with the court’s order,” said David Harns, spokesman for the Marijuana Regulatory Agency.
“Public safety concerns are one of the main purposes and duties of the MRA, and undoubtedly it believes the recall of both Viridis and Viridis North was necessary to protect the public,” Murray said in his 13-page opinion and order.
“Due to the ongoing litigation and investigations, we will not be able to comment further beyond what is published on our website,” Harns said.
It’s been said that 18 people complained of “mild allergic reactions” and other health concerns, up to hospitalization, after consuming recalled marijuana from Michigan, a state licensing officials testified last week.
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Here’s a list of some documents, videos and news reports.
STATE OF MICHIGAN COURT OF CLAIMS CASE ID 21-000219-MB REGISTER OF ACTIONS
Update to 11/17/21 Notification of Marijuana Product Recall
The Marijuana Regulatory Agency has received an opinion and order from the State of Michigan Court of Claims regarding the November 17, 2021 marijuana product recall.
Pursuant to the Court’s order, effective immediately, the recall “as it pertains to Viridis North, LLC” has been enjoined. The MRA is required to comply with this order.
Therefore, the MRA will release the administrative holds on all products tested by Viridis North, LLC that were included in the recall. This includes any products that have been subsequently retested, regardless of whether those retesting results were passing or failing.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
A marijuana lab licensed in Michigan is suing the Marijuana Regulatory Agency (MRA) over a recall that impacted nearly $230 million worth and 64,000 pounds of marijuana products in the state.
Michigan Court of Claims Judge Christopher M. Murray on Monday appeared to scold the MRA for its lack of clear communication about the matter.
Issued on Nov. 17, the recall involved more than 400 retail shops, and their customers, were impacted in some way.
Viridis Laboratories, which operates two separately licensed labs one being in Bay City and another in Lansing claim the recall is politically motivated. Because Viridis is so successful, handling up to 70% of all marijuana testing in the state, the MRA wants to “level the playing field,” according to the Viridis lawsuit filed in the Michigan Court of Claims on Nov. 22. The lawsuit also alleged the recall may be retribution for a formal administrative complaint Viridis filed Oct. 25 against the MRA, in part, for questions Viridis faced over its testing methods that regularly produce THC potency results in excess of 30%.
Cannabis with higher potency generally fetches higher prices from retail customers.
Viridis founders include three former Michigan State Police Forensic Division employees: Greg Michaud, Todd Welch and Michele Glinn.
The Viridis complaint was filed a day before MRA inspectors were expected to begin on-site audits at the Viridis lab locations.
The MRA issued a recall on most marijuana products Viridis labs tested between Aug. 10 and Nov. 16, calling the labs results “inaccurate” or “unreliable,”. It said the products must undergo new microbial testing, which looks for pathogens, yeast and mold.
Glinn, who is also Viridis’ chief science officer, testified Wednesday and said there was mass confusion after the recall. Her office was initially told they were cleared to retest recalled product, but the MRA was telling customers the opposite.
Glinn said her staff later worked through Thanksgiving weekend to comply with a checklist of demands from the MRA to improve the lab testing methods and get full clearance to continue operations.
Exhibits filed in the Court of Claims by Viridis, including emails exchanges with the MRA and results of on-site audits, identified significant procedural flaws in past testing methods. Viridis failed to keep logs necessary to validate test procedures, passed moldy samples that auditors identified as contaminated, failed to calibrate equipment as regularly as required and possessed untagged samples.
In order to test for the presence or growth of certain yeast, molds or pathogens, samples are placed in incubators for various lengths of time, usually between 24 and 72 hours, within designated temperature ranges.
The MRA audit found that Viridis labs weren’t using logs to track when samples were placed into and removed from incubators. It also found incubators weren’t keeping samples at the proper temperatures.
The lab personnel confirmed there were no logs, which Viridis argues are not required. Without logs, it’s impossible to tell when a sample was placed in the incubator, and a sample is more likely to pass testing if it is not stored for the full incubation period.
The recall occurred three weeks after the audits were conducted.
The MRA provided three options to retailers, growers and processors with recalled marijuana, none of them cheap: Destroy the product, have the product retested or send the product back to the license source so they may destroy or retest the marijuana. In the meantime, all of the recalled marijuana was placed on hold and unable to be sold.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
