Oregon Appeals Court Orders Stay of Fungus Testing Rule

August 29, 2023 · Ganjapreneur

The Oregon Court of Appeals on Friday suspended the state’s cannabis testing requirements for the fungus aspergillus, Willamette Week reports. The lawsuit was filed in July by the Cannabis Industry Association of Oregon, Southern Oregon Family Farms, and Cannessentials Farm who claimed the testing rules are overreaching and harmful to the industry. 

The new rules took effect on March 1 and since then, many organic cannabis cultivators in the state have failed the aspergillus testing. Cannabis that fails the test is subject to recall. 

State regulators claim that inhalation of the fungus has been shown to be dangerous to immunocompromised people and that “adopting additional rules would increase public health and safety on cannabis items sold to consumers and puts Oregon on the same national standard as other states,” the report says. The Oregon Health Authority (OHA), however, has acknowledged that there’s no proof that cannabis containing aspergillus has sickened any Oregonians. 

A spokesperson for the OHA told Willamette Week that the agency is “reviewing the decision and will be discussing next steps in the coming days.” 

Kevin Jacoby, the lawyer representing the cannabis businesses, told Willamette Week that he expects regulators to create new rules that set similar testing requirements but are not subject to the stay.

“Oftentimes they see the writing on the wall and will rather quickly move to rulemaking that will change the rule,” Jacoby told Willamette Week. “Once they change the rule, that would moot the judicial review proceeding regarding the validity of the rule. But new rulemaking would likely take six to eight months.” 

He added that the upcoming outdoor cannabis harvest is “not under threat.”  (Full Story)

In category:Mushrooms
Tags:
Next Post

California Senate-Passed Psychedelics Legalization And Marijuana Employment Bills Head To Assembly Floor With New Amendments

A California Senate-passed bill to legalize the possession and facilitated use of certain psychedelics is officially heading to the Assembly floor after being approved by a third committee in the chamber, albeit with several substantive amendments. The Assembly Appropriations Committee also cleared…
Read
Previous Post

Adult Marijuana And Psychedelics Use Now At ‘Historic Highs’ While Teen Consumption Remains Stable, Federally Funded Study Finds

While underage marijuana use has remained stable amid the legalization movement, a new federally funded study shows that adult consumption of cannabis, as well as of psychedelics, reached a “record high” last year. The annual Monitoring the Future (MTF) survey—which…
Read
Random Post

New Hampshire Senate Votes To Create Marijuana Study Commission As Legalization Compromise Emerges In House

The New Hampshire Senate has voted to create a study commission to examine potential models to legalize marijuana as the as the governor predicts that his plan to create a state-run cannabis market will likely be considered by lawmakers “next…
Read
Random Post

New York Judge Extends Injunction Against Processing and Licensing New Cannabis Retailers

A New York judge on Friday ruled that the state Office of Cannabis Management (OCM) cannot process or approve any pending Conditional Adult-Use Retail Dispensary (CAURD) licenses pending the outcome of a hearing this week, Spectrum News reports. The injunction was first imposed on…
Read
Random Post

Marijuana Companies Sue Attorney General To Block Enforcement Of ‘Unconstitutional’ Federal Prohibition

A coalition of marijuana businesses represented by an influential law firm has filed a much-anticipated lawsuit against the U.S. attorney general, seeking to block the federal government from enforcing cannabis prohibition against their state-legal activity. They claim perpetuating prohibition in state markets…
Read
Random Post

Michigan Suspends Processor’s License for Using Illicit Cannabis in Production

Cannabis regulators in Michigan have suspended the medical and adult-use cannabis business licenses of TAS Asset Holdings after discovering the company was adding unregulated cannabis to its products. Michigan regulators have suspended the medical and adult-use cannabis licenses of TAS…
Read