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.”
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
| 21-000219-MB | VIRIDIS LABORATORIES, LLC et al V MICHIGAN MARIJUANA REGULATORY AGENCY et al |
Michigan Court of Claims Opinion
Read the 13 page opinion here.
MRA Update Release 12/3/21
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.
Viridis Laboratories, LLC -vs- Michigan Marijuana Regulatory Agency
Day 1 of Court (Start Time 38:00)
Court of Claims December 1, 2021
Day 2 of Court (Start Time 35:00)
Court of Claims December 2, 2021
News
- Half of Viridis marijuana recall struck down by Michigan judge.
- Labs sue Michigan regulator over marijuana recall: There is no public safety risk
- Bought marijuana recently? State regulators say there’s a good chance you should return it.
- Chamber of Commerce filed an amicus brief Tuesday, “extreme and unconstitutional government overreach.”
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