Michigan Judge releases some products that have been involved in massive recalls

A public health and safety bulletin published on November 17 announced that all products tested between the 10th. New developments are now being made related to the massive recall of cannabis products.

Last week, Michigan plaintiff judge Christopher M. Murray heard six hours of testimony and ruled on December 3rd that 1.) Viridis Laboratories (based in Lansing) should be denied an injunction, and 2.) a preliminary injunction should be granted injunction for Viridis North (in Bay City). The two laboratories share ownership but are “separate limited companies” according to the Detroit Free Press.

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Michigan publishes cannabis products

In Murray’s decision, he wrote that while the goal of the MRA was to protect the public, there was no evidence that products associated with Viridis North should be targeted. “Public safety concerns are one of the primary purposes and responsibilities of the MRA [Marijuana Regulatory Agency], and no doubt it believes the Viridis and Viridis North recall was necessary to protect the public, “Murray said in a Court of Claims written document.

The statement goes on to say, “As mentioned earlier, the court is referring the results and conclusions of the re-tested Viridis product to the authority. However, when there is no evidence that Viridis North’s tests also fit into this category, safety concerns are reduced. Also consider the length of time between when the MRA receives the re-examination of the ten samples and the recall is issued – about two weeks. Again, this factor weighs roughly the same in terms of injunctions, with perhaps a slight inclination towards granting limited relief. “

Immediately following the ruling, the MRA released an update bulletin stating that the administrative bans on all recall products for Viridis North, LLC would be lifted. “This includes all products that were subsequently retested, regardless of whether those retest results passed or failed,” wrote the MRA.

A week after the recall was first published in November, Viridis Laboratories and Viridis North filed a lawsuit against the MRA, claiming there was no risk for the public to warrant a recall.

“This case illustrates the extraordinary dangers that arise when a state administrative authority is allowed to regulate from the shadows without proper oversight by a neutral, detached decision-maker and, worst of all, at least in part driven by apparent whims and political reasons.” Director and his staff, ”says the lawsuit.

It also stated that Viridis believed it was wrongly attacked, alleging that the MRA challenged Viridis’ test results by using competitors to verify the results. Viridis is currently testing 60 to 70 percent of all cannabis products in the state of Michigan (valued at approximately $ 229 million).

Viridis’ attorney issued a statement to the Detroit Free Press shortly after the bulletin was released, saying they were satisfied with Murray’s recent decision, which will release about half of the products affected by the recall. “While we claim the entire recall was completely unfounded, we applaud the court for at least reversing the MRA’s flawed decision to recall products tested in Viridis Bay City,” said Kevin Blair, attorney for Viridis.

Similarly, the Michigan Chamber of Commerce posted an amicus briefing on Nov. 30, challenging the original recall decision. “As set out in the attached proposed Amicus-Curie brief, the Michigan Chamber is deeply concerned about the ramifications of what appears to be an extreme and unconstitutional excess of government by the Michigan Marijuana Regulatory Agency on this case and the consequences of such excessive action on Michigan companies in the industry . “