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Testing Lab Sues Marijuana Regulatory Agency Over Recall


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A cannabis testing lab is suing the Michigan’s Marijuana Regulatory Agency over a major recall of cannabis products. Many products tested by Viridis Laboratories were pulled from shelves The marijuana products impacted have a test date between August 10, 2021 and November 16, 2021..

64,000-pound, $229 million Michigan marijuana recall is the result of bureaucratic ‘abuse,’ a lawsuit claims

The lawsuit filed Monday alleges state regulators acted in a discriminatory and predatory manner when they questioned the safety of a variety of cannabis products tested by Viridis Labs.

The recall is the largest in Michigan history and involves more than $200 million in pulled cannabis products across the state, according to a news release from Viridis’ attorneys.

Attorneys representing Viridis say the agency violated state law by not letting he company to present its case to an administrative law judge before shutting down the company’s labs.

“The recall is the latest and most egregious action by the MRA in a prolonged campaign of harassment aimed at Viridis,” said David Russell, an attorney with Foster, Swift, Collins & Smith, P.C. “Unfortunately, this latest effort by the MRA has caused huge disruption and chaos in the industry, harming small businesses and besmirching Viridis’ reputation with no basis in science.”

The recall affects numerous products processed by the company from early August to mid-November. It includes items tested at a Bay City location, although Virdis alleges that the products the MRA says failed retesting came exclusively from a Lansing location.

MRA officials declined to comment on the pending litigation.


See the recall notice issued 11-17-21 below

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MRA RECALL NOTICE – Issued 11-17-21

Notification of Marijuana Product Recall

The Marijuana Regulatory Agency (MRA) has identified inaccurate and/or unreliable results of products tested by laboratories Viridis North, LLC and Viridis Laboratories, LLC.

In the interest of public health and safety, the MRA is issuing this health and safety advisory bulletin for all marijuana products tested by Viridis  Laboratories, LLC (license numbers SC-000009 and AU-SC-000113) and Viridis North, LLC (license numbers SC-000014 and AU-SC-000103) except for inhalable marijuana concentrate products such as:

  • Vape carts.
  • Live resin.
  • Distillate.
  • Any other cannabis concentrate created through residual solvent extractions.

The marijuana products impacted have a test date between August 10, 2021 and November 16, 2021. All marijuana product labels are required to list the name and license number of the safety compliance facility that conducted the testing and date the product was tested.

Note: An MRA investigation is still on-going.

Consumers who have marijuana products in their possession that meet the recall criteria may return the products to the marijuana sales location where they were purchased for proper disposal. Consumers with weakened immune systems or lung disease are at the highest risk for health-related incidents such as aspergillosis, which can impact lung function, if these potentially harmful products are consumed.

Consumers who have experienced adverse reactions after using these products should report their symptoms and product use to their physician. Consumers are requested to report any adverse product reactions to the MRA via email: MRA-Enforcement@michigan.gov or via phone: 517-284-8599.

Marijuana sales locations that sold product covered by this bulletin must display this recall notice on the sales floor, visible to all customers, for 30 days from the date of this notice. Marijuana sales locations that receive adverse product reactions from consumers should report the adverse product reactions to the agency at MRA-Enforcement@michigan.gov and document these reports in METRC.

Licensees with products remaining in their inventory that meet the recall criteria have the following options:

  • Destroy the product and provide proof of destruction: MRA-Compliance@michigan.gov.
  • Have the product retested for the microbials compliance panel.
  • Send the product back to the original licensee source so they can destroy or have the product retested as a larger batch.


MRA Public Health and Safety Advisory Bulletins

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The post Testing Lab Sues Marijuana Regulatory Agency Over Recall appeared first on Komorn Law.

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