Oregon Court Halts Zero-Tolerance Aspergillus Mold Testing; Cannabis Cultivators Find Respite

The Oregon Court of Appeals has temporarily suspended a new requirement for marijuana lab testing aimed at detecting the mold aspergillus, which has led to recalls in various legal cannabis markets.

Zero-Tolerance Mandate Paused

The "zero-tolerance" mandate, if implemented, was feared to push Oregon's marijuana cultivators out of business, prompting relief among them, particularly as the outdoor cannabis harvest approaches.

The court's decision reflects concerns that state regulators should have pursued a more flexible approach to mold regulation.

The ruling will remain in effect until the resolution of a lawsuit filed against the Oregon Health Authority (OHA) by cultivators who opposed the stringent testing rule, reported MJBizDaily. 

Recalls And Debate

The dispute revolves around the health impacts of the mold on consumers. The uncertainty surrounding its effects has led to recalls in other states, such as Arizona and California, though no reported illnesses have been directly linked to aspergillus contamination.

While the OHA claims that adopting additional rules aligns Oregon with national standards and enhances consumer safety, opponents, including the Cannabis Industry Alliance of Oregon, argue that the testing requirement could worsen the industry's existing struggles with oversupply and low prices.

In a bid to ensure consumer safety, the OHA mandates that cannabis be free from any of the four pathogenic species of aspergillus, leading to concerns among farmers.

The prevalence of mold in the environment makes it difficult for growers to comply with the regulations without resorting to measures like irradiation or ozone treatment.

Furthermore, the high testing failure rate and additional costs threaten the livelihood of small family farms, prompting calls for alternative solutions and more comprehensive research on the risks posed by Aspergillus.

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Photo by Will Porada on Unsplash.