Oregon Cannabis Association Sues State Regulator Over Aspergillus Testing Requirement
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The largest cannabis trade association in Oregon is suing the state’s cannabis regulator in protest of the recent Aspergillus testing requirements.
Since March 1, any cannabis flower harvested in Oregon must be tested for heavy metals and Aspergillus fungi.
The Cannabis Industry Alliance of Oregon says this testing rule is costing growers dearly.
So, along with the cultivation companies Southern Oregon Family Farms, Cannassentials, and Essential Farms, the association filed a lawsuit last week against the Oregon Health Authority (OHA), as reported by Bend Bulletin.
The Cannabis Industry Alliance of Oregon represents over 400 state companies, from farms to retailers, many of which have been voicing their concerns about the new testing law.
“Unless the court acts to stay enforcement of [the rule, petitioners] will suffer severe and irreparable harm long before the rule can be subjected to full judicial review,” the filing states, as reported by WilliamEtte Week.
“These petitioners anticipate that unless enforcement is stayed pending judicial review, [the rule] will force financial losses that will be immeasurable and will threaten permanent closure of their respective businesses.”
The OHA has two weeks to respond to the industry’s motion, according to WilliamEtte Week. If the Court of Appeals grants an emergency stay, the Aspergillus rule will be unenforceable until the two parties resolve the issue in court.
Aspergillus is a genus of fungi that can cause disease in individuals with immunodeficiency.
Back in June, state regulators in Oregon recalled multiple products derived from three batches of cannabis flower for Aspergillus and heavy metal contamination.
The total fail rate for cannabis flower containing Aspergillus, according to the Oregon Liquor and Cannabis Commission, was 8% as of late June. Across all products, the Aspergillus failure rate was 4.3%.
*This article was updated on August 31. A previous version of the article stated that the association suing the state regulator went by the name Cannabis Trade Association rather than its proper title, the Cannabis Industry Alliance of Oregon.