(Beyond Pesticides, February 7, 2024) Sun + Earth Certified (SEC), a West Coast third-party regenerative organic certifier of cannabis products, approved the first certification for an East Coast farm in Brattleboro, Vermont – Rebel Grown. The expansion of independent certifications amidst the ongoing legalization of recreational and medicinal marijuana usage raises questions on the regulation of toxic petrochemical pesticides found in a range of cannabis products. SEC does establish, in its standards, the use of “biopesticides…[o]nly if the product brand name is approved for use in certified organic farming.” Additionally, the label goes beyond the stringency of the National Organic Program in its policy on potassium bicarbonate as an approved input. For example, SEC standards dictate that this input should be, “[f]or pest control as a last resort only… [and] only if the product brand name is approved for use in certified organic farming.” Rebel Grown– the new farm that acquired the SEC label – owner reported to Brattleboro Reformer, “Cannabis grown regeneratively, under the sun and in the soil, without toxic chemicals, is not only high quality but also the best for the earth.” Before delving into the weeds, there is important legal context on current regulations regarding marijuana […]

(Beyond Pesticides, August 14, 2023) Marijuana regulators in the state of Washington issued administrative holds on 18 licenses due to pesticide-contaminated marijuana, forcing producers and processors to cease operations until now. This shutdown of legal marijuana businesses serves as a window into a broader historical backdrop of pesticide issues within the marijuana industry. Within Washington, pesticide concerns have been growing since a study in 2018 of legal marijuana farms in the state had 84.6% (of 26 samples) with significant quantities of pesticides including insecticides, fungicides, miticides, and herbicides. Last year, a national study identified a list of contaminants in 36 states and the District of Columbia and found 551 pesticides within cannabis products. For over a decade, Beyond Pesticides has sounded the alarm about the highly-concentrated levels of pesticides in marijuana products, calling on state officials to require organic marijuana, especially in the context of medical marijuana. The absence of federal regulations for pesticides in cannabis production has raised significant concerns about exposure risks for recreational and medicinal use, exposure risks to workers, and potential environmental contamination impacting wildlife. Since marijuana is classified as a Schedule 1 narcotic under the Controlled Substances Act, the EPA does not regulate pesticides in […]

(Beyond Pesticides, September 10, 2020) A new analysis by Science of Cannabis Laboratories Inc. (SC Labs) finds detectable concentrations of pesticides and heavy metals in rolling papers, with hemp/blunt wraps and cellulose-based rolling papers containing the highest levels of contaminants. The analysis follows a SC Labs’ finding of high levels of chlorpyrifos—a neurotoxic, organophosphate insecticide—in the rolling paper of pre-rolled cannabis, which was undergoing compliance testing. Although the rolling paper regulations generally track standards for toxic tobacco products (which means there is very little meaningful regulation), the rolling paper use with cannabis may add an addition layer of scrutiny since some statewide cannabis regulations and independent certifications adhere to stricter guidelines similar to organic practices. Researchers note the goals of the experiment “were to assess the exposure risks to the consumer as well as identify any potential liabilities for cannabis producers who use these products to make their pre-roll products.” This report, and others like it, are significant as cannabis use expands in in the U.S. and around the world, and given that one of the most popular ways to consume cannabis product is as a rolled cigarette. Study author and president of SC Labs Josh Wurzer, Ph.D., said, “This [issue] is something that cannabis and paper […]

(Beyond Pesticides, September 1, 2020) In its new report, industry watchdog OrganicEye, a project of Beyond Pesticides, examines the rapidly expanding CBD market, uncovering numerous examples of gross violations flying under the radar. In its report, Spotting the Hackers of Hemp: The Value of Authentic Certified Organic CBD Products, OrganicEye offers examples of companies claiming organic status without going through the rigorous third-party inspection and auditing process required by federal law. As with food, organic CBD, produced from hemp/cannabis, eliminates the risks and hazards of environmentally dangerous farming practices, including the use of synthetic fertilizers, pesticides, sewage sludge, and genetically modified organisms (GMOs). Organics also shuns toxic food ingredients and food processing substances like volatile solvents. Since Congress charged USDA with protecting organic stakeholders from fraudulent practices, illegal organic marketing claims have been the most common violations reported to the agency. “In addition to representing conventional hemp products as organic, marketers have engaged in illegal subterfuge, including creating their own ‘organic’ logos because they can’t use the official USDA seal and using the word ‘organic’ in their brand names when the products do not qualify for organic labeling,” said Mark A. Kastel, a 30-year industry veteran and director of OrganicEye. The meteoric growth […]

(Beyond Pesticides, May 19, 2020) The California Department of Food and Agriculture (CDFA) is taking public comments on a proposal to establish statewide comparable-to-organic standards for cannabis production. Although cannabis remains illegal at the federal level, and thus cannot be labeled with the U.S. Department of Agriculture (USDA) certified organic seal, there is no prohibition on a state-specific program that follows federal organic requirements, but does not use the word “organic.” While such a program has the potential to provide another level of protection for medical patients, questions and concerns remain over the allowance of certain products, and the impact the certifying scheme may have on the future trajectory of the cannabis production industry. Under the Medicinal and Adult-Use Cannabis Regulation Safety Act, passed in 2017 after the success of Proposition 64 by California voters, state agencies were tasked with establishing a state-level program to certify cannabis to the standards set out by USDA’s National Organic Program (NOP). CDFA is required to finalize this program for cannabis production by the start of 2021, while the California Department of Public Health will create a separate program to certify manufactured cannabis products. As outlined by CFDA, cannabis would be certified through third-party […]

(Beyond Pesticides, October 10, 2019) Mysterious vaping illnesses across the country could be related to pesticide exposure, among other contaminants in black-market marijuana vaping products. To date, there have been 23 deaths from vaping-related illness, and about 1,100 cases of the illness nationwide. Yesterday, a 17-year-old boy from the Bronx became the youngest person to pass away from the illness. Most patients have reported that they used vape cartridges with THC. THC is the psychoactive ingredient in marijuana. NBC News recently commissioned laboratory tests of 18 THC cartridges – three from a legal Californian dispensary and 15 from unlicensed dealers. Cartridges from legal dispensary had no heavy metals, pesticides, or residual solvents. 10 out of the 10 of the black-market products tested were positive for pesticides. CannaSafe, the laboratory, reported that some of the unregulated products contained the fungicide myclobutanil. Heating myclobutanil can cause it to break down into harmful products, including hydrogen cyanide – a known potent carcinogen. Other pesticides detected included mixtures of the following pesticide or pesticide formula ingredient: fipronil, piperonyl butoxide, permethrin, malathion, and others (see full test results here). Melodi Pirzada, M.D., a pediatric pulmonologist at NYU Winthrop Hospital, called the finding of myclobutanil “very disturbing,” […]

(Beyond Pesticides, October 8, 2019) As medicinal and recreational marijuana continue to be legalized in a growing number of states, concerns about the safety of the burgeoning industry—how the substance is grown, harvested, processed, distributed, sold, and used—have emerged. Pesticides have not been registered for use in cannabis production, yet they are being widely used under state-adopted enforcement levels that imply safety, but not subject to any standard of review that meets pesticide registration standards. Pesticide contamination of medical cannabis is important not only because it introduces toxic chemicals into a medicine, but also because medical cannabis can interfere with the body’s ability to detoxify those pesticides. Cannabinoids have been shown to inhibit the activity of enzymes that help detoxify chemicals, which can make pesticides more toxic. Tell your U.S. Representative and Senators to hold oversight hearings and request investigations into EPA and state responsibilities to prevent misuse of pesticides on cannabis. New Frontier Data CEO Giadha Aguirre de Carcer, pointing to California residue testing results, cites a threat to the medicinal cannabis market. She notes that 84% of 2016 product batches tested were found to harbor pesticide residue; and that in the recent California round of assays 20% failed established […]

(Beyond Pesticides, December 7, 2018) As medicinal and recreational marijuana continue to be legalized in various states, concerns about the safety of the burgeoning industry — how the substance is grown, harvested, processed, distributed, sold, and used — have emerged. Colorado’s recent experience is a case in point: in early December, the state’s Marijuana Enforcement Division (MED) announced two recalls on cannabis products out of concern about their contamination by pesticide residues. In both cases, the recall announcements from the Colorado Department of Revenue, in conjunction with the Colorado Department of Agriculture (CDA) and the Colorado Department of Public Health and Environment, said that the state agencies “deem it a threat to public health and safety when pesticides that are not on the list of approved pesticides for marijuana use as determined by CDA are applied in a manner inconsistent with the pesticide’s label.” Three off-label pesticides were listed in the recall announcement. Pyriproxyfen was found in samples tested from Colorado Wellness Centers LLC (dba Lush), and bifenthrin and diuron were found in samples from Crossroads Wellness LLC (dba Boulder Botanics). None of those compounds is approved by Colorado for use on marijuana; two are listed as possible carcinogens by […]

(Beyond Pesticides, September 7, 2018) As the marijuana industry gears up for exploding markets created by the increasing number of states that permit medical and/or recreational cannabis use, the quality of marijuana products is emerging as an important issue for patients and consumers. Beyond Pesticides identified this concern back in the winter of 2014–2015, and pointed to the importance of organic production practices for the emerging industry. As of July 1, California’s mandated testing of cannabis became effective, and initial results are in. New Frontier Data CEO Giadha Aguirre de Carcer is pointing to those results as a threat to the medicinal cannabis market. She notes that 84% of 2016 product batches tested were found to harbor pesticide residue; and that in the recent California round of assays, 20% failed established standards due to contamination from pesticides, bacteria, or processing chemicals, and in some cases, inaccurate labeling. Ms. de Carcer, speaking to attendees at the Benzinga Cannabis Capital Conference in Toronto recently, said that cannabis producers must reduce the pesticide contamination in their products, at the very least because of consumer concerns that will translate to the marketplace. At that conference, she said, “Those are troublesome figures. . . . When we […]

(Beyond Pesticides, June 28, 2018) Having voted to allow retail recreational cannabis sales as of January 1, 2018, California will mandate testing for pesticide residue in cannabis products beginning July 1. Cannabis farmers welcome the regulations. Nikolai Erickson of Full Moon Farms in Dinsmore, California says, the new requirements will “clear the shelves of poor quality product and give small craft, organic farmers a chance to prove their quality over larger farms. . . . We’re the ones taking the time and energy, putting in the extra hours and the extra cost to ensure that we’ll pass testing. So we’re creating shelf space finally, getting value added for craft.” The new California laws require that any cannabis products sold by retailers must have undergone both quality and pesticide testing. Whereas from January 1 to June 30, 2018 regulations mandated testing for 21 pesticides and for microbial contaminants, such as E. coli, that number jumps to 66 in July. The regulations also institute new quality standards that analyze products for contaminants, such as feces, mold, and insect and rodent parts. The quality“bar” will jump again in December, when testing must also look for mycotoxins, terpenoids, and heavy metals. The stakes are high for producers […]

(Beyond Pesticides, January 3, 2018) Companies licensed to grow cannabis in Canada will be required to submit to mandatory testing and will receive fines of up to $1 million if their product contains banned pesticides. The new measures announced by Health Canada come as the country prepares to launch its recreational market in July 2018, and reports from national news outlets are sounding the alarm over widespread contamination of the ongoing medical cannabis market. Canada’s move is being closely watched by growers and regulators in the United States, where 29 states currently allow some form of medical or recreational cannabis to be sold, each with different pesticide rules. Health Canada, the primary pesticide enforcement agency in the country, had previously indicated that fines were unlikely because, as regulators told The Globe and Mail, companies were aware that banned pesticides were illegal and disallowed. However, after the country began regular testing, and news outlets began reporting on multiple instances of banned and highly toxic pesticides making their way onto the market, the agency decided to change its approach. Both growers and patients are encouraged by the new rules. Chairman of the Cannabis Canada Association, Neil Closner, told The Globe and Mail, […]

(Beyond Pesticides, December 20, 2017) As California prepares to open up retail sales for its legal cannabis market, experts are urging consumers to be cautious, as the state has yet to fully phase-in its pesticide testing protocols.  Donald Land, PhD, a chemistry professor at the University of California, Davis, who also works as a consultant for pesticide testing company Steep Hill Labs Inc. told the Associated Press, “Buyer beware.” Along with local news station KNBC 4, his company purchased cannabis products from 15 dispensaries in Southern California in early 2017, finding that 41 out of 44 samples tested, 93%, tested positive for pesticide residue higher than legal limits in Oregon, Washington state, Massachusetts, and Nevada. The California Bureau of Cannabis Control’s (CBCC) emergency rules implementing its legal cannabis market phases in quality testing for cannabis throughout 2018. However, when shops open on January 1st, retailers will be allowed to sell cannabis products without laboratory testing for pesticides or other contaminants, though they will have to be labeled as such. Any cannabis products harvested after January 1, 2018 will be tested for “contaminants with a high public health risk.” By July 1, 2018, “moderate relative health risk” contaminants will be tested, […]

(Beyond Pesticides, February 9, 2017) The failure of the U.S. pesticide regulatory system to protect marijuana users was highlighted as Health Canada announced Tuesday that it would begin conducting random pesticide residue testing of marijuana products to ensure that only registered products are being used in medical marijuana production. This comes on the heels of voluntary recalls in 2016 by two licensed Canadian cannabis producers due to the presence of the prohibited pesticides bifenazate, myclobutanil, and pyrethrins in or on marijuana products. Especially concerning is the detection of myclobutanil, a powerful fungicide that, when heated, converts to the hazardous gas hydrogen cyanide. The detection of these toxic chemicals in medical marijuana products is distressing since many users have compromised immune systems or health conditions that make them more susceptible to toxic chemicals. Moves by several states in the U.S. to curb illegal pesticide use in marijuana contain significant pitfalls and loopholes that allow contaminated cannabis to enter the market, where it threatens public health. Without examination of residues in inhaled, ingested, or absorbed cannabis, the user’s health is not protected by pesticide registration addressing other uses. In addition, environmental impacts associated with growing practices are generally ignored. On January 9th, […]

(Beyond Pesticides, November 2, 2016) A California-based company, Steep Hill, revered as the global leader in cannabis testing and analytics, recently released a report on the prevalence of pesticide contamination in the medical cannabis supply chain in California. The results reveal that 84% of samples tested positive for pesticide residues, a number significantly higher than experts had previously expected, causing great cause for concern for California medical cannabis consumers. While the issue of illegal pesticide use in states with legalized recreational marijuana markets, such as Colorado, Oregon and Washington State, has become an area of concern for consumers and public health groups in recent years, this data is significant in that it looks specifically at the medical marijuana market and the impact pesticide-contaminated marijuana may have on medical marijuana consumers, who are often individuals suffering from chronic disease or illness. A law intended to address this issue, the Medical Marijuana Regulation and Safety Act, was passed in 2015, but its oversight provisions, which include mandatory testing, will not go into effect until 2018, leaving California consumers to fend for themselves when it comes to determining if their cannabis has been contaminated by pesticides. In its  analysis, Steep Hill found residue […]

(Beyond Pesticides, October 4, 2016) Last week, the  Oregon Liquor Control Commission (OLCC) approved 26 licences for 26 recreational marijuana retailers as well as modified state rules regarding state licensure testing requirements and packaging limitations. According to a OLCC press release, some of the marijuana retailers began operating on October 1st, fulfilling the OLCC’s promise to Oregon’s citizens that recreational marijuana stores would be open for business in fall 2016. OAR 845-025-5700 previously required that all batches be tested for pesticides. Under the new Oregon Administrative Rules (OAR) Temporary Pesticide Rules (“Limited Batch Testing”) OAR 845-025-5700, effective September 30, 2016 until March 1, 2017, the OLCC requires a minimum of 33.3% of batches per harvest lot of cannabis to be tested. According to OAR 333-007-0010, if the OLCC finds that there is not enough laboratory capacity for pesticide testing, the Commission may permit randomly chosen samples from batches of usable marijuana to be tested for pesticides by a licensed lab, rather than requiring every batch of usable marijuana from a harvest lot to be tested. If any part of those samples fails pesticide testing, every 10-pound lot is required to be tested. If the samples that are tested all passed, […]

(Beyond Pesticides, August 31, 2016) Last week, a Denver marijuana company went through its first inspection for the Colorado-based Organic Cannabis Association’s (OCA) new “pesticide-free” certification. This voluntary certification program was developed by OCA following an indefinite postponement of the Pesticide-Free Marijuana Bill, HB 16-1079 by the Colorado Senate and the failure of  the Colorado Department of Agriculture (CDA) to implement meaningful regulations to protect  users within the state from pesticides that are not regulated  for use in cannabis production by the U.S. Environmental Protection Agency (EPA) and the states. While the certification program is characterized as “pesticide-free,” it is focused on residues on the finished product, allowing the use of pesticides that do not appear on the narrow list of those restricted by the state of Colorado. The certification is a a step in the right direction for consumers who wish to protect themselves from unwanted pesticides in their cannabis products, however it is important to note that it  does not equate to a USDA organic inspection, as marijuana remains illegal at the federal level and is unable to qualify for certification under the USDA National Organic Program (NOP). While discussing his inspiration for developing such a program, OCA […]

(Beyond Pesticides July 25, 2016) The Oregon Department of Agriculture (ODA) last week issued 12 notices of statewide detainment and stop sale and removal orders for horticultural pesticide products that contain active ingredients not listed on the label. The orders call for the product manufacturers to immediately cease all sales, offers of sale, or other distribution in Oregon. This is the latest effort by a state with a legalized marijuana market to try to  curb the use of illegal pesticides in cannabis production, a practice that poses potential health threats to consumers, creating a regulatory challenge for state officials in states that have legalized marijuana for medicinal and or recreational purposes. Because the U.S. government classifies cannabis as a narcotic, the U.S. Environmental Protection (EPA) does not register pesticide products for use in its production, leaving consumers exposed to hazardous pesticides through inhalation, ingestion, and dermal absorption without any evaluation of potential health effects. The products in question are commonly used in horticulture and hydroponics, including cannabis production. The 12 notices cover 14 products sold in Oregon that were also identified by the Washington State Department of Agriculture (WSDA) in late June as containing undeclared pesticide active ingredients. In an […]

(Beyond Pesticides May 24, 2016) Nearly two years after the first legal retail sales of marijuana in Washington State, the state Liquor and Cannabis Board (LCB) finally took action to protect the rights of consumers by strengthening its ability to issue product recalls when there is a risk to health and safety. Under the new rules, businesses will be required to isolate and prevent the distribution of products that violate state pesticide regulations, and, in certain cases, may mandate that some products be destroyed under the LCB’s supervision. This action is the final codification of emergency rules that were passed by the state earlier this year to combat contaminated cannabis products. The move by Washington follows  widespread cannabis recalls  in the City of Denver,  and actions from Colorado’s Governor  to declare pesticide-tainted cannabis “a threat to public safety.” However, it is not all good news as the state also set allowable levels for unapproved pesticides on pot. Washington State currently lists  over 200  pesticide products as permitted in cannabis production, despite their lack of compliance with federal and state testing requirements for the range of consumer, worker, and environmental exposures. Outside of that list, the state previously employed a “zero […]

(Beyond Pesticides, March 29, 2016) Last week, Washington State’s Liquor and Cannabis Board (WSLCB) adopted emergency rules allowing the state to recall cannabis products that have been tainted with illegal pesticide residues. The move follows widespread cannabis recalls in the City of Denver, and actions from Colorado’s Governor to declare pesticide-tainted cannabis “a threat to public safety.” Earlier in the month, Beyond Pesticides sent letters to Washington State Department of Agriculture  (WSDA) and Governor Jay Inslee imploring the state to take a proactive approach in restricting the use of hazardous pesticides in cannabis production. Until now, Washington State had no process in place to remove illegally contaminated cannabis products from the market. WSLCB will now issue recalls or allow producers to initiate product removal if there is evidence that pesticides not approved by the state were used or are present on salable marijuana plants or products. However, because the state does not mandate batch testing of cannabis plants or products, it is unclear how or whether the new rule will be enforced. In an interview with the Seattle Times, WSLCB spokesman Brian Smith indicated that the state will not be taking a zero-tolerance approach.  “If a product tests very high […]

(Beyond Pesticides February 24, 2016) Last Friday, Colorado’s House Public Health Care and Human Services Committee heard a proposal to create a contaminant-free certification system for marijuana sold within the state. This program, intended to resemble the federal National Organic Program, was offered as a legislative response to protect consumers after the Colorado Department of Agriculture (CDA) failed to implement meaningful regulations to keep marijuana users within the state safe from the harms associated with unregulated pesticides use on cannabis crops. If the proposal moves forward, Colorado will becomes the first state to establish and regulate an organic label in its marijuana  industry, paving the way for other states with legalized marijuana industries to follow suit. Massachusetts and New Hampshire require that cultivation practices are consistent with USDA national organic standards. “Consumers have a right to know what they’re putting in their body,” said Colorado Rep. Jonathan Singer, co-sponsor of HB16-1079, which requires that CDA set up an independent program to certify that cannabis sold in the state is pesticide-free. Companies that  meet the standard would then be able to use special labeling to alert consumers that their products are entirely pesticide-free. The program will  also attempt to address concerns […]

(Beyond Pesticides January 22, 2016) Last week, the Oregon Department of Agriculture (ODA) released a list of pesticide products available for use on marijuana cultivated within the state. The list, which contains 257 pesticide products, aligns with similar product lists published by Washington State and Colorado, and raises the same concerns over the allowance of products that violate the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and have not been subject to health evaluations of public exposure to the pesticides used. Those concerns were on full display last week in Colorado, when the Colorado Department of Agriculture (CDA) held a public meeting to discuss amendments to its Pesticide Applicators’ Act that would allow growers to use pesticides that violate FIFRA. Additionally, in an attempt to address consumers’ concerns over the issue of unregulated pesticides in marijuana, two lawmakers in Colorado introduced a bill that would establish a program for certifying marijuana as “pesticide free” within the state. Oregon Releases List of Approved Pesticides for Cannabis Growers Like Colorado and Washington, the Oregon list construes broad label language to allow the use of pesticide products that have not been specifically tested for use on marijuana, despite the fact that the Environmental […]

(Beyond Pesticides December 9, 2015) Last week, the Oregon Health Authority (OHA) signaled its willingness to address a gap in the regulation  of pesticides in  marijuana production caused by a lag in the start date of the state’s revised testing program. After new regulations were adopted  last month to increase the amount of pesticide residue testing on cannabis required by the state, concerns were raised about the delayed  June 2016 start date. The  committee that advises OHA on medical marijuana pressured the agency to expedite the rules. While a final decision is pending, the    stop-gap testing rules would target the most commonly used pesticides in marijuana production and go into effect as early as January. Advocates are urging states to ban registered pesticides, since they are not labeled for use on marijuana and not evaluated for exposure associated with inhalation, ingestion, and dermal absorption, as well as potential environmental contamination. 70,000-plus medical marijuana users, as well as recreational users, within the state will be affected by the regulations. In November, the state of Oregon updated its rules governing pesticide use to require the mandatory testing of nearly  60 pesticide compounds  that are of particular concern. Under the new rules, […]

(Beyond Pesticides, November 17, 2015) Last Thursday, Colorado Governor John Hickenlooper issued an executive order directing state agencies to address public safety concerns related to pesticide-contaminated cannabis. The next day, the state of Oregon adopted new rules strengthening its requirements for laboratory testing of cannabis for pesticides. The state-level action on  pesticide-tainted cannabis is viewed as responsive to an ongoing public health threat. However, safety advocates say steps are needed to ensure that cannabis users, particularly medical patients with cancer, seizures, or other immune compromising diseases, are safe from toxic chemicals. Governor Hickenlooper’s Executive Order As a result of a number of quarantines on pesticide-laced cannabis in Denver, a warning letter and testimony delivered by Beyond Pesticides, and a recent lawsuit against a major Colorado grower, pressure has been building on the state to address this issue. In the executive order (EO), the governor acknowledges that because of cannabis’ status as a schedule 1 narcotic under federal law, the U.S. Environmental Protection Agency (EPA) has “neither assessed the potential health hazards posed by treating marijuana with pesticides, nor has it authorized the application of any pesticide specifically for use on marijuana.” The EO notes that it is a violation of […]