Judge Denies Bid To Stop Massive Weed Recall In Missouri, But It's Not Over Yet

This week a Missouri judge rejected a cannabis company's attempt to halt the recall of 62,000 products that contained the company's THC concentrate that were considered a "potential threat to health and safety."

The Missouri Division of Cannabis Regulation (DCR) issued a recall in August for cannabis products that were not compliantly tracked in the statewide track and trace system, METRC. Meaning that the origin of these products, from edibles to vape cartridges, could not be verified or that they required testing before being sold at dispensaries.

Infused product manufacturer Delta Extraction, LLC, MAN000022, produced the recalled products. While no adverse effects were reported from using the product at the time of publishing, the state cannabis regulator advised patients and consumers to either discard them or return them to the dispensary where they bought them.

See Also: Missouri New Marijuana Regulations: Businesses License Risks For Event Organizers & Subpoenaing Cannabis Records

Prior to issuing the product recall, the regulating agency suspended Delta Extraction's license on August 2. DCR accused Delta Extraction of sourcing untested "marijuana or converted hemp from outside of a Missouri licensed cultivation facility."

In its motion filed on August 16, Delta Extraction made the case that the state's actions constituted an illegal effort to "destroy Delta's business through arbitrary, unjustified, and unexplained administrative actions targeting Delta's products."

Cole County Circuit Judge Cotton Walker ruled that the company cannot contest the recall as it has not completed the administrative appeal process, reported Missouri Independent.

Delta filed an appeal with the Administrative Hearing Commission the day after their license was suspended in August. However, the decision is still pending.

Meanwhile, Missouri state auditor Scott Fitzpatrick began an investigation of the state's cannabis program that is not a routine audit but more of a scheduled review, under which both medical and recreational programs will be audited.

The move by Missouri follows growing discussions on regulating cannabis testing labs, as federal regulations for marijuana are lacking.

Interested in learning more about this important issue of cannabis lab testing and regulations? Meet us at the Benzinga Cannabis Capital Conference, the place where deals get done, in Chicago on Sept 27-28. 

Get your tickets today before prices increase and secure a spot at the epicenter of cannabis lobbying, investment, and branding. 

Photo: Courtesy of Budding on Unsplash