Is Your Marijuana Safe? Colorado's Strict Testing Mandate Raises Questions

2023 was a busy year for the Colorado marijuana regulator, given that it issued 17 cannabis product recalls. The sharp increase in recalls by the Colorado Marijuana Enforcement Division (MED) builds on a recent rule that mandates testing for a fungus called Aspergillus.

Why? The Aspergillus fungus, though uncommon, can be fatal for marijuana users with compromised immunity.

See also: High Alert: Arizona And Colorado Issue Recall Of Marijuana Products, Citing Contamination Concerns

Brandon Jeffery, the director of Marijuana Sciences at the Marijuana Enforcement Division, revealed that Aspergillosis, a severe lung infection caused by Aspergillus, has been associated with a limited number of deaths across the country in connection with cannabis, reports Colorado Public Radio.

"There is a known risk with Aspergillus," Jeffery said.

To complicate matters, some marijuana businesses were cheating on their lab testing, according to a memo from the MED.

The memo, published in July, stressed the potential public safety risks that lab cheating presents. Those breaking the rules could face fines of up to $100,000 per violation, have their licenses revoked and face criminal prosecution.

However, industry experts argue that the main concern regarding Aspergillus is not if it poses a risk but rather at what threshold it remains safe for consumers, as they claim that the existing safety standards in Colorado, applicable to all marijuana products, are excessively stringent.

"I think it’s almost an impossible standard, and I think it would be worth it to take a step back," Kevin Gallagher, executive director of the Colorado Cannabis Manufacturers Association, said. "It’s incredibly easy to fail."

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