The Oklahoma Medical Marijuana Authority (OMMA) issued its first recall since the state’s marijuana program began in 2018, said Tulsa medical marijuana attorney Stephen Cale. The following is for informational purposes and is not legal advice.
THE TAINTED MARIJUANA PRODUCTS
The OMMA said it is recalling marijuana vaping cartridges and mints processed by Moon Mix LLC, based in Edmond.
Those products from the company’s Batch 158 failed required testing and may not safe for consumers, the OMMA said.
WHAT PROMPTED THE RECALL
A spokesperson for the OMMA said that the agency requested a testing Certificate of Analysis from Moon Mix, but the company failed to produce it. That prompted the OMMA to test the products on its own.
WHAT TESTING RESULTS REVEALED
Testing results revealed the presence of a fungicide, myclobutanil, which when heated with marijuana can create toxic gases.
WHAT MEDICAL MARIJUANA PATIENTS AND DISPENSARIES SHOULD DO
Patients or caregivers who have those products should contact the dispensary they purchased them from for information on its recall procedures, the OMMA said.
Dispensaries that carried the affected product should assist the OMMA in this recall and notify patients or caregivers who bought these products.
WHICH MARIJUANA BUSINESSES MUST TEST AND WHAT THEY MUST TEST FOR
Tulsa medical marijuana attorney Stephen Cale said that rules governing Oklahoma’s medical marijuana program require marijuana growers and processors to test their marijuana or marijuana products before sale or transfer. Tests look for:
- Residual solvents
- THC and cannabinoid potency
- Terpenoid potency,
- Heavy metals, and
- Contaminants and filth.
WHAT HAPPENS WHEN THERE’S A FAILED TEST
Under current regulations, growers and processors cannot sell or otherwise transfer their marijuana or products if the batch does not pass the test, said Tulsa medical marijuana attorney Stephen Cale said. Instead, they must dispose of marijuana or marijuana products.
However, if HB 3228 is signed by Oklahoma Gov. Kevin Stitt, new law will allow for remediation. That means that marijuana or marijuana product can undergo a process to meet required testing standards.
WHAT DOES THE OMMA REQUIRE MARIJUANA BUSINESSES TO DO WITH A RECALL
OMMA regulations state in the event that marijuana or marijuana product is sold or transferred but fails to meet testing standards, then:
- Any commercial licensee (including a dispensary) that has knowledge of such event must report it to the OMMA.
- The non-compliant marijuana or marijuana product must be immediately recalled.
- Every commercial licensee who is in possession of or has ever had possession of such medical marijuana or medical marijuana products must assist in the immediate recall.
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
We have helped numerous people set up marijuana businesses and acquire their commercial medical marijuana licenses. If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Or, you can contact us through the web. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He has been serving people with legal needs for more than 21 years.
He also serves on the board of Green Country NORML, a Tulsa chapter of NORML.