Judge Denies Request For Restoration Of Over $ 229 Million In Michigan Marijuana After Recall

By Jelena Martinovic

The saga of Michigan’s moldy marijuana recall continues as the state’s marijuana Regulatory Agency (MRA) motion to reinstate a contaminated product recall was denied by the Court of Claims on Monday, December 20, MLive reported.

Michigan regulatory attorneys filed a motion in court last week asking the judge to reconsider his previous ruling, announcing that 26% of marijuana retested after the massive November 17 recall was higher than acceptable of yeast, mold, and Aspergillus, potentially harmful to people with lung diseases or those with compromised immune systems.

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Greg Michaud, CEO of Viridis Laboratories, said in a statement released after the move of the MRA that the motion is “yet another example of its lack of transparency and a clear attempt to damage our reputation without giving details or explanation deliver to underpin it ”.

Nationwide marijuana recall

The regulator first issued a recall last month on marijuana products that passed safety ratings in testing facilities in recent months, nearly 70% of the state’s commercially available cannabis products sold in more than 400 stores.

The MRA reported that it had found “inaccurate and / or unreliable results” on all products – with the exception of inhalable concentrate products such as live resin, distillate, or vape carts – released by Viridis between August 10 and November 16 Laboratories and Viridis North were tested.

According to the legal action The recall, filed by the marijuana testing facility at the center of the MRA debacle, disrupted the industry for an estimated $ 229 million.

The more than 200-page complaint filed with the Michigan Court of Claims argues that the MRA illegally closed Viridis’ facilities and issued the recall, despite experts saying it was not warranted.

“The recall is the latest and most egregious act by the MRA in a lengthy harassment campaign against Viridis,” said David Russell, attorney for Viridis Laboratories, at the time.

Richter partially decides in favor of Viridis

However, in early December, Christopher Murray of the Michigan Court of Claims ruled partially in favor of Viridis in a ruling that resulted in the testing lab winning half of its lawsuit against state regulators.

Murray ruled that state marijuana regulators were likely acting arbitrarily to order a recall against Viridis North in Bay City.

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“Public safety concerns are one of the main purposes and duties of the MRA, and no doubt it believes the recall of both Viridis and Viridis North was necessary to protect the public,” the judge said in his 13-page statement and added that “if there is no evidence that Viridis North’s testing fits into this category, safety concerns will be reduced.”

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Meanwhile, Claire Patterson, director of the regulator’s science and legal department, testified on Dec. 2 that MRA had received 18 complaints from consumers or retail locations reporting on behalf of customers that they had negative health effects after using the recalled product Would have an impact. The number of complaints filed in the meantime has risen to 19.

RELATED: Michigan Report: Cannabis Dispensaries Not The Primary Source For Buying Cannabis

“The email complaints submitted to MLive through FOIA raise additional concerns,” said Michaud. “Interestingly, the MRA has delayed responding to our recent FOIA inquiries and continues to fail to respond to many of our and others’ requests for additional information and clarification on a successful Michigan business.”

This article originally appeared on Benzinga and was republished with permission.