“If the licensee wants to destroy product that is on hold, he should contact the Department to discuss.”
By Rebecca Rivas, Missouri Independent
Since early August, companies in Missouri are required to store 63,000 cannabis products that have been recalled.
After a hearing on September 29 about the recall, it has been postponed at least until December.
Lisa Cox said in an email sent to The Independent on Thursday that licensed cannabis businesses cannot take action without the permission of the state. The agency overseeing the state’s marijuana program is the Missouri Department of Health and Senior Services.
Cox stated that a licensee who wishes to destroy products on hold should contact the Department to discuss.
She said that it is possible to resolve the case surrounding recall by October 20.
Delta Extraction, a marijuana producer based in Robertsonville, has requested that the Administrative Hearing Commission revoke the suspension of the company’s licence and reverse the recall.
Chuck Hatfield, the company’s lawyer, also said that he “hopes” and “believes” that this matter will be resolved before October 20.
Hatfield stated, “We are providing all of the records they ask for.” Hatfield said, “We have made people available for interviews since the very first day this issue was raised.” Delta Extraction has an open book.”
In a joint Motion on September 25, attorneys for the state, Delta Extraction and the court agreed that the hearing would not be rescheduled before November 30. The motion was granted by a commissioner of the Administrative Hearing Commission on the following day.
The state has also agreed to not order cannabis licensees to destroy recalled products that may contain THC concentrates, which are under investigation. Cox stated that if licensees decide to destroy the product voluntarily, it will be destroyed in accordance with applicable regulations.
The state regulatory agency suspended Delta Extraction operations on August 2 after accused of the company sourcing “untested marijuana or converted hemp outside of Missouri licensed cultivation facilities.”
The state placed a hold on the product a few days later and on August 14,, a complete recall was issued.
Delta has denied allegations that it illegally brought marijuana into Missouri by claiming that it imported a hemp product which was then converted to THC in Missouri.
The commissioner overseeing Delta’s appeal of the license suspension and recall said that the company will probably lose this argument, since it is illegal in Missouri for marijuana products to contain “hemp-derived chemically converted ‘converted cannabinoids'”.
The department requested to postpone the scheduled hearing for September 29, last month. Delta opposed and a commissioner refused.
In the joint motion of September 25, the Department agreed to delay its attempt to revoke Delta’s license until the 20th October, and Delta agreed to push back the date for the hearing.
Delta’s attorneys argued in an email that there was no need to expedite the revocation process because its operations had already been suspended. Delta’s lawyers argued, in email, that the revocation was not urgent because the company had already suspended its operations.
Both parties agreed to complete the revocation by October 20. If the parties are unable to reach an agreement then a hearing will be scheduled after November 30.
This article was originally published by The Missouri Independent.
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