Michigan's Moldy Marijuana Recall Debacle Explained: Caveat Emptor

The Michigan Marijuana Regulatory Agency (MRA) recently released an unknown quantity of unsafe marijuana for potential sale to the public, MLive reported.

The marijuana in question had failed lab tests and was found to have unacceptably high levels of mold, yeast, or fungi, as per an email that was obtained from the MRA through a Freedom of Information Act request.

The regulatory body claimed that the order to release the marijuana came from Court of Claims Judge Christopher Murray, who recently reversed portions of a Nov. 17 recall issued by the MRA.

On Wednesday, attorneys for the MRA filed a court motion urging the judge to reconsider his previous decision.

The MRA disclosed that 26% of the retested marijuana, following the recall, showed higher than allowable levels of yeast and mold, as well as aspergillus - a type of mold that is potentially harmful to those with lung diseases or weakened immune systems.

State-Wide Marijuana Recall

The initial recall included all products tested by Viridis Laboratories and Viridis North between Aug. 10 and Nov. 16, impacting products sold at more than 400 stores across the Wolverine State.

According to the lawsuit filed by Viridis, the recall resulted in an estimated $229 million disruption in the industry, CBS News reported at the time.

On Dec. 3, Judge Murray ruled that state marijuana regulators likely acted arbitrarily in ordering the recall against Viridis North in Bay City.

The judge emphasized in his 13-page opinion that "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."

However, "when there is no evidence that Viridis North's testing also fit into that category, the safety concerns are reduced," the judge said, adding that "the absence of any retesting of products at Viridis North eliminates one of the two factual bases for issuing the recall."

Nevertheless, the MRA motion for reconsideration says that "health and safety when it comes to the recently legalized market marijuana products is of paramount concern" to the regulatory body. 

"In light of the now-known failing results for some Viridis North products, the MRA should not be compelled to turn a blind eye to the obvious hazard of returning products to the market that have – in fact – failed a microbial testing panel." the filing read.

"Given the immediate and ongoing harm to the public of having these products on the market, the (MRA asks) that the court act as promptly as possible to grant the relief requested in this motion."

Meanwhile, there have been at least 18 cases involving "mild allergic reactions" up to hospitalizations attributed to Michigan's recalled marijuana, based on testimonies from state licensing officials.

Photo: Courtesy of Ryan Lange on Unsplash