Monday, December 6, 2021

Judge strikes down part of massive marijuana recall in Michigan

Posted By on Mon, Dec 6, 2021 at 10:46 AM

click to enlarge More than 400 dispensaries in Michigan were impacted by the cannabis recall. - SHUTTERSTOCK
  • Shutterstock
  • More than 400 dispensaries in Michigan were impacted by the cannabis recall.

A Michigan Court of Claims judge temporary halted part of a massive recall of marijuana that left more than 400 dispensaries with the choice of destroying their cannabis products or getting them retested.

Chief Judge Christopher Murray on Friday limited the recall to one of the company’s two labs – Viridis Laboratories in Lansing. The recall at Viridis Laboratories in Bay City was temporarily struck down while the case wends its way through the court.

The recall was issued for both labs, even though the failed tests were at the Lansing facility.

The recall was the largest in state history and affected $229 million in cannabis products tested by Veridis Laboratories.

The judge’s ruling means dispensaries can resume selling cannabis products tested at the Bay City lab.

“While we maintain that the entire recall was completely without merit, we applaud the Court for at least reversing the MRA’s faulty decision to recall products tested at Viridis Bay City,” Kevin Blair, attorney with Honigman LLP, said in a statement. “This ill-advised recall has caused irreparable harm not only to Viridis but to growers, retailers and consumers throughout the state. The MRA needs to be held fully accountable for violating state law, ignoring the advice of respected national experts and causing mass disruption to the Michigan cannabis industry.”

The Michigan Marijuana Regulatory Agency (MRA) issued the recall last month. The MRA said the lab results were inaccurate and unreliable for thousands of pounds of flower and edibles tested between Aug. 10 and Nov. 16 and presented a potential health risk to consumers.

Viridis Laboratories filed a lawsuit against the agency on Nov. 22, arguing that the action was “unjustified, prejudiced and retaliatory.”

Viridis CEO Greg Michaud pledged to continue helping dispensaries impacted by the recall.

“Throughout this entire process we’ve worked tirelessly to minimize interruptions to our customers and help them get products back on shelves,” Michaud said in a statement. “We look forward to continuing to serve our customers and ensure the health and safety of patients and adult-use consumers through our scientific expertise and use of the safest, most accurate testing methods.”

The MRA has declined to discuss the recall, citing the litigation.

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