The Office of Cannabis Management set lab testing guidelines and safety limits for a chemical used in cannabis extraction without notifying a processor whose facility has been shut down since March for using the solvent, and who has alleged OCM retaliated against her company for leaking a conversation she had with a top agency official.
Further, documents show the OCM updated its guidance regarding the chemical on March 15 – the same day the Hudson Valley processor, Jenny Argie, was in court seeking relief from the shutdown – but didn’t notify business owners and laboratories about the regulatory shift until last week.
Argie used the chemical, R134a, to extract THC from cannabis flower despite OCM not listing the method as an approved technique (R134a is deemed safe by the FDA, European Union and in use among several states).
In March, the state regulatory body issued a surprise inspection at Argie’s facility, discovered she was using the solvent and issued a stop-work order.
Argie filed a lawsuit shortly after, alleging OCM issued the order because she leaked audio of the agency’s chief equity officer, Damian Fagon, admitting the office had knowledge of large out-of-state brands openly skirting regulations or illegally importing cannabis from other states.
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