In March of this yr, the Oregon Well being Authority (“OHA”) promulgated a brand new rule that required testing marijuana for sure microbiological contaminants, together with for aspergillus. We wrote about this rule not lengthy after noting that aspergillus—a sort of mildew that may trigger a pores and skin trigger a situation known as aspergillosis when inhaled or launched by means of a lower in your pores and skin.
Oregon’s new rule requires testing for 4 of the 180 or so species of aspergillus. Early information mirrored fail charges starting from 2.7% – 20% relying on the variety of variants topic to testing. However many others saw this new rule as a probably big issue in Oregon.
We famous that many individuals in Oregon, together with commerce teams, opposed these new aspergillus testing necessities. However we thought there was “no likelihood” of overturning this rule as a result of “a) that is as shut as you would possibly see to a nationwide normal in hashish, if such a factor might exist, and b) it’s a public well being concern.”
Effectively we’re about to search out out. On Friday, July 28, the Hashish Business Alliance of Oregon (“CIAO) and others filed a lawsuit difficult the OHA’s new aspergillus testing rule. The petitioners search to cease the OHA from implementing the rule and contend they may endure huge monetary losses if the court docket doesn’t act.
The case was solely simply filed, so we don’t but have a transparent sense of how issues will shake out. We’ll you should definitely preserve tabs on the case because it progresses. In order all the time, keep tuned to the Canna Law Blog for extra updates.