Following a months-long review of vape products sold by Pennsylvania’s licensed cannabis operators, the state’s Department of Health has issued a sprawling mandatory recall.
Following a months-long review of vape products sold by Pennsylvania’s licensed cannabis operators, the state’s Department of Health (DOH) has issued a sprawling mandatory recall.
The list includes hundreds of vape products from PurePenn, PennAlt Organics, Pennsylvania Medical Solutions, MLH Explorations, Insa, Ilera Healthcare, Holistic Farms, Hanging Gardens, GTI Pennsylvania, Goodblend Pennsylvania, Franklin Labs, Curaleaf PA, Cresco Yeltrah, CannTech PA, Agri-Kind, and AES Compassionate Care—some of the largest multistate operators in the region, needless to say.
“After finishing this review, the Department has determined that certain vaporized medical marijuana products containing some added ingredients have not been approved for inhalation by the United States Food and Drug Administration (FDA),” according to the Feb. 4 memo. “Although some of these added ingredients may be considered safe in other non-inhaled products, patient safety is the top priority of the Medical Marijuana Program. Therefore, the Department has issued a mandatory recall for all affected vaporized products.”
The review in question was first announced to the public on Dec. 1. The DOH targeted vape products “state-wide” to gather information on whether “added ingredients” were present in those products—some of which were being sold on dispensary shelves. Back on Nov. 16, the DOH had sent a message to all licensed cannabis business owners, asking for them to submit all vape products containing added ingredients for review (even those that had already passed state testing).
No rationale was provided for the review, although communication from the DOH referenced additive regulations in other states—presumably referring to regulations that may allow certain additives outside of Pennsylvania.
In a follow-up message to business owners, sent from Sunny D. Podolak, Assistant Director and Chief Compliance Officer with the DOH’s Office of Medical Marijuana, on Dec. 13, the phrase “additives” was qualified as “artificial terpenes or flavorings.”
Little information followed, confusing business owners and patients alike.
The Feb. 4 recall, however, did not elaborate on which ingredients were triggering the review or, indeed, triggering the mandatory recall.
[Editor's note: Feb. 7 update: The department has published a list of "known additives contained in one or more products on the withdraw list," which is itself a staggering list that includes many additives, and particularly terpenes, not approved by the FDA for inhalation.]
"If you have previously used these recalled products, please consult with the medical professional at the dispensary to help identify which alternative products may be appropriate for you," the Department of Health said in an email sent to all medical marijuana patients statewide. "We are committed to your continued access to safe and effective medical marijuana products."
So, what's a Pennsylvania cannabis business operator to do?
"First of all, obviously, digest the information that the Commonwealth is providing, which is to say the products that are affected by this recall," said Michael Sampson, partner at Leech Tishman in Pennsylvania and co-leader of the firm's Cannabis Group. "Obviously it's a long list, and make sure that you carefully review the list and carefully identify any products that you handle that are impacted. It's going to be imperative to watch the fallout and the commentary that comes after this, if we'll get more detail from the government as to what additives were the focus of this. That may also give some indication if there could potentially be any further, similar recall in the future. That may impact businesses as they look at what products they want to produce or stock or sell. As far as immediate actions, Pennsylvania regulations certainly speak to mandatory recalls and the steps that grower-processors need to take in the event of a mandatory recall, which includes following the recall plan that should be in place already."
Insa provided the following statement to Cannabis Business Times :
"Insa is working quickly to comply with a recall issued by the the Pennsylvania Department of Health for all vaporizer medical marijuana products containing botanically derived terpenes. We are working hard on the launch of a new vape line that will include Cannabis Derived Terpenes and Live Resin that we expect to be approved in the near future and are looking forward to sharing that with our consumers and retail partners."
State lawmakers plan to put a measure before voters but say they hold the keys to legalization parameters through companion bill.
Maryland House lawmakers are laying the groundwork to legalize adult-use cannabis, but first they want to hear from voters in the November 2022 election.
Del. Luke Clippinger, a Democrat from Baltimore City who chairs the Judiciary Committee, introduced House Bill 837 on Feb. 3—legislation that would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and decriminalize the possession of up to 2.5 ounces as a civil offense rather than a misdemeanor.
Under current Maryland laws and penalties, possession of 10 grams to 50 pounds of cannabis is a misdemeanor punishable by up to 1 year of incarceration and a $1,000 fine, according to NORML.
The legislation also aims to ensure the automatic expungement of records for those who were previously found guilty of simple possession if it was the only charge in the case. Anyone currently held in a state prison or local jail for a cannabis conviction would be resentenced to end their term of incarceration, according to Clippinger.
H.B. 837 would serve as a companion bill to H.B. 1, the ballot question for November’s election, which Clippinger also drafted. A Maryland House hearing on H.B. 1 is set for Feb. 14.
RELATED: Maryland Lawmaker Pre-Files Legislation to Place Adult-Use Cannabis Legalization on State’s 2022 Ballot
Before moving forward with H.B. 837, Marylanders deserve to have their voices heard at the ballot box on the question of legalization, Clippinger wrote in a guest column for The Baltimore Sun on Feb. 3.
“Once they vote yes, the House of Delegates will continue to augment the policy to create the best, most equitable path to legal recreational cannabis,” he wrote. “Too many people have already suffered the consequences of a misguided war on drugs. House Bill 837, together with House Bill 1, is a rapid but responsible approach to legal recreational cannabis.”
Clippinger’s steps toward reform come on the heels of his work as the chairman of the 11-member House Cannabis Referendum and Legalization Workgroup that formed last summer to study adult-use legalization in Maryland.
H.B. 837 would create and implement an adult-use cannabis program based on the findings of that workgroup, House Speaker Adrienne Jones said in a news release.
“While I feel strongly that the voters should decide this issue, it is the General Assembly that is charged with making sure we have a legally defensible, equity-driven plan in place should they choose legalization,” Jones, a Baltimore County Democrat, said.
Jones, who announced her support last July for a referendum to legalize cannabis on the 2022 ballot, established the cannabis referendum workgroup to help steer the path toward implementing an effective and equitable adult-use program.
As the chair of the workgroup, Clippinger said he and his colleagues identified several pillars of a successful legalization program: public health determinants, criminal justice impacts, business implementation and regulation considerations.
“The workgroup welcomed experts from various backgrounds and issue areas,” he wrote. “We received briefings on each topic, reviewed data, compared successes and failures of legalization efforts in other states, and asked questions.”
Clippinger added, “Addressing the overwhelming disparities that have impacted people of color—especially black and brown Marylanders—will be our top priority. Fueled by the war on cannabis, our current laws have disproportionately led to the arrest and criminalization of people of color.”
In addition to addressing an equitable regulatory system and identifying barriers to entry, H.B. 837 would create a Cannabis Business Assistance Fund to help those disproportionately affected by prohibition.
“We will not make the same missteps that occurred during the early implementing stages of Maryland’s medical cannabis program—missteps that initially kept diverse business owners, entrepreneurs and investors from participating in the industry,” Clippinger wrote. “Moving forward, equity must be at the forefront.”
The delegate also recognized public health concerns regarding the possible impacts of legalization, particularly on children, young people and those with a history of addiction.
H.B. 837 would tackle those concerns head on by implementing a baseline study to provide data on patterns of use, incidents of impaired driving, prenatal health, hospitalizations, calls to poison control and use disorder, he said. The data will help lawmakers craft legislation in future sessions to effectively provide the necessary support to vulnerable communities, Clippinger said.
The Williamstown dispensary is the first of five planned locations to serve the state’s growing medical cannabis program.
NEW YORK, Feb. 3, 2022 – PRESS RELEASE – Columbia Care Inc., one of the largest and most experienced cultivators, manufacturers and providers of cannabis products in the U.S., announced Cannabist Williamstown, its first dispensary in West Virginia and 24th Cannabist nationwide, opened Feb 3. Cannabist Williamstown, located at 76 Thunder Road in Williamstown, is the first of five dispensaries that Columbia Care will open in the state this year.
“The level of demand and excitement for high-quality cannabis and best-in-class service in West Virginia is promising for such a nascent medical market. We’re here to be a leader and a resource for current and future patients, as we introduce them to the power of this incredible plant,” said Jesse Channon, chief growth officer of Columbia Care. “As the medical cannabis program continues to expand, we look forward to also serving as a wholesale partner to ensure that patient needs are met across the state with a variety of high quality options. We’re thankful to the local community for welcoming Cannabist and to the Department of Health and Human Resources for their continued support.”
Columbia Care began cultivation operations at its 40,000-square-foot facility in West Virginia in July 2021. The company holds five dispensary licenses to serve the growing number of registered medical cannabis patients across the state. Cannabist Williamstown staff held a series of educational events throughout the month of December. These events helped patients better understand the state’s medical cannabis program, including providing information on how to obtain a medical cannabis patient card and which products will be available, as well as connected prospective patients with registered medical practitioners.
Cannabist Williamstown will offer Columbia Care’s Seed & Strain brand in multiple forms, including whole flower and vape carts. The company’s other portfolio brands, such as Triple Seven and Classix, will be introduced in the coming months for patients and wholesale partners. Patients will also be able to use Columbia Care’s proprietary cannabis discovery tool, Forage, both in-store and online to help find strains and products to fit their needs.
The company is expecting to open three more Cannabist dispensaries in the spring with locations in Beckley, Morgantown and St. Albans, as well as a fifth location to follow later in 2022.
For more information on the company’s West Virginia locations, visit www.gocannabist.com/wv.
The deal will allow Amuse to serve as the primary cannabis delivery partner for Cookies across California.
LOS ANGELES, Feb. 4, 2022 – PRESS RELEASE – Amuse, the fastest growing cannabis delivery company in California, announced its partnership with Cookies, an international cannabis brand and retail powerhouse. Amuse will serve as the first and primary cannabis delivery partner in California for Cookies' locations, starting in Los Angeles, San Francisco, San Jose and Sacramento, with more coming in California throughout 2022.
"There is no replacement for the Cookies in-store experience, but we see great value in providing our customers the option to get their favorite products delivered to their home via Cookies' new online digital experience delivered by Amuse. We could not be more excited to offer this to our customers," said Berner, co-founder and CEO of Cookies.
Cookies' top-shelf products, including Lemonnade, Collins Ave, Run the Jewels, Grandiflora, Minntz and Runtz, are available through pickup or delivery at select Cookies' retail locations.
"We are proud to partner with Cookies to help them unlock last-mile delivery," said Alex Becker, co-president and chief revenue officer of Amuse. "As the industry continues to evolve, it's more important than ever for us to collaborate with like-minded organizations, like Cookies, that drive the industry forward."
Amuse and Cookies' focus on authentic, quality products will accelerate safe, convenient delivery of Cookies' premier cannabis products to consumers statewide. For more information, please visit Amuse.com and Cookies.co.
An appellate court handed down the ruling in late January, capping a lawsuit first filed by Metrc in 2019.
In Missouri’s medical cannabis market, track-and-trace service provider Metrc will no longer levy tag fees on every plant grown by licensed operators in the state.
An appellate court handed down the ruling in late January, capping a lawsuit first filed by Metrc in 2019.
At issue was Metrc’s tag fee—a cost assessed against cannabis growers and other business owners to use the track-and-trace software mandated by state regulations. In other words, according to the lawsuit’s back-and-forth over the past few years, licensed cannabis businesses were forced to pay to use a service they were already being forced to use.
When the program was set up—and when Missouri originally decided to go with Metrc over competitor BioTrack THC—Metrc levied a $40 monthly charge for the software itself, and $0.45 for each plant tag and $0.25 cents for each package tag.
Those tag fees are now history.
Licensed businesses will continue to cover shipping and handling for those tags, however, and Metrc is setting new limits on the number of tags that may be ordered—limits meant to “match with the defined needs of each licensed business operating in Metrc.”
From Metrc’s Feb. 1 bulletin announcing the change:
Due to the differing tag needs of each business based upon license type, there will be maximum settings per license type.
• Cultivators: Plant Tags: Max 7,500 o Package Tags: Max 2,000
• Product Manufacturers: Package Tags: Max 2,500
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