Jacob Redmond
Well-Known Member
A dry courtroom dispute unfolding here has the potential to dramatically alter how marijuana is grown across Colorado, as health inspectors try clamp down on pesticide use by pot growers.
The court fight is over whether Denver health officials and state agriculture inspectors have the right to quarantine and test marijuana they believe has been improperly contaminated with certain pesticides.
Marijuana store Organic Greens is asking a city judge to lift one of those quarantines and allow it to sell 15-20 pounds of marijuana its owner admits was treated with a fungicide called Eagle 20. He says the chemical is widely used within the industry and by other farmers to fight powdery mildew, and that it poses little risk to consumers.
Marijuana in Colorado wholesales for about $2,500 a pound. Colorado in 2014 legalized recreational marijuana sales under a licensing system that was intended to ensure legal pot was grown safely and cleanly.
Denver and state officials - noting it's misleading for the company to call itself organic - says Organic Greens is violating state and federal law by using a chemical not approved for marijuana. Virtually no pesticides have been approved for use on marijuana, which means the state could seize any pot plants testing positive for Eagle 20.
The city has already placed "holds" on tens of thousands of plants worth millions of dollars from multiple growers as it awaits test results.
Denver officials say sick children could be harmed if they inhale or ingest marijuana treated with Eagle 20, a charge disputed by Organic Greens owner Andrew Boyens.
"Everything we produce is safe," Boyens said on the stand Monday afternoon.
Under questioning from city and state attorneys, Boyens and a toxicologist working on his behalf both acknowledged that Eagle 20 is not specifically approved for use on marijuana, which its maker, Dow Chemical, independently confirmed.
Under Colorado's legal marijuana system, licensed growers may use only approved pesticides on their plants. Otherwise, city officials say, no one truly knows what the risks are.
"The science has not been done," said Marley Bardowski, a lawyer and enforcement expert with the Denver City Attorney's Office. "The bottom line is that the testing hasn't been done. The research hasn't been done."
Citing the ongoing case, city and state health and agriculture officials declined to comment on whether they plan to continue placing "holds" on marijuana plants suspected of being contaminated with unapproved pesticides.
Marijuana industry experts say the pesticide problem is a huge new stumbling block for pot growers trying to stay legal.
"We're really stuck," said Mike Elliot of the pro-legalization Marijuana Industry Group.
A court ruling in their favor could embolden health officials to even more aggressively inspect for pesticide use. State regulators have repeatedly delayed rollout of a program to test all consumer marijuana for pesticide contamination, and Denver health inspectors appear to have stepped into that vacuum.
Under state law, all licensed marijuana growers are supposed to keep a log of what pesticides were applied to their plants, how much, and when. Boyens testified that inspectors couldn't find his log because his employees accidentally spilled coffee on it and then threw it away. City health inspectors say his marijuana tested positive for trace amounts of at least three other pesticides.
Colorado's legal marijuana marketplace is being closely watched by lawmakers around the world as they consider whether to relax their prohibitions on a widely used but otherwise entirely unregulated product.
Monday's hearing focused largely on testimony from defense toxicologists, who argued the amounts being used on marijuana poses little danger to users. City and state officials repeatedly countered by pointing out Eagle 20 hasn't been approved for use on marijuana at any level.
The hearing before Denver District Court Judge John Madden continues Tuesday.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Colo. tries to clamp down on pesticide use on pot
Author: Trevor Hughes
Contact: 9NEWS - Contact Us | 9 News
Photo Credit: Trevor Hughes, USA Today
Website: 9NEWS.com | Denver | Colorado's online news leader | Breaking
The court fight is over whether Denver health officials and state agriculture inspectors have the right to quarantine and test marijuana they believe has been improperly contaminated with certain pesticides.
Marijuana store Organic Greens is asking a city judge to lift one of those quarantines and allow it to sell 15-20 pounds of marijuana its owner admits was treated with a fungicide called Eagle 20. He says the chemical is widely used within the industry and by other farmers to fight powdery mildew, and that it poses little risk to consumers.
Marijuana in Colorado wholesales for about $2,500 a pound. Colorado in 2014 legalized recreational marijuana sales under a licensing system that was intended to ensure legal pot was grown safely and cleanly.
Denver and state officials - noting it's misleading for the company to call itself organic - says Organic Greens is violating state and federal law by using a chemical not approved for marijuana. Virtually no pesticides have been approved for use on marijuana, which means the state could seize any pot plants testing positive for Eagle 20.
The city has already placed "holds" on tens of thousands of plants worth millions of dollars from multiple growers as it awaits test results.
Denver officials say sick children could be harmed if they inhale or ingest marijuana treated with Eagle 20, a charge disputed by Organic Greens owner Andrew Boyens.
"Everything we produce is safe," Boyens said on the stand Monday afternoon.
Under questioning from city and state attorneys, Boyens and a toxicologist working on his behalf both acknowledged that Eagle 20 is not specifically approved for use on marijuana, which its maker, Dow Chemical, independently confirmed.
Under Colorado's legal marijuana system, licensed growers may use only approved pesticides on their plants. Otherwise, city officials say, no one truly knows what the risks are.
"The science has not been done," said Marley Bardowski, a lawyer and enforcement expert with the Denver City Attorney's Office. "The bottom line is that the testing hasn't been done. The research hasn't been done."
Citing the ongoing case, city and state health and agriculture officials declined to comment on whether they plan to continue placing "holds" on marijuana plants suspected of being contaminated with unapproved pesticides.
Marijuana industry experts say the pesticide problem is a huge new stumbling block for pot growers trying to stay legal.
"We're really stuck," said Mike Elliot of the pro-legalization Marijuana Industry Group.
A court ruling in their favor could embolden health officials to even more aggressively inspect for pesticide use. State regulators have repeatedly delayed rollout of a program to test all consumer marijuana for pesticide contamination, and Denver health inspectors appear to have stepped into that vacuum.
Under state law, all licensed marijuana growers are supposed to keep a log of what pesticides were applied to their plants, how much, and when. Boyens testified that inspectors couldn't find his log because his employees accidentally spilled coffee on it and then threw it away. City health inspectors say his marijuana tested positive for trace amounts of at least three other pesticides.
Colorado's legal marijuana marketplace is being closely watched by lawmakers around the world as they consider whether to relax their prohibitions on a widely used but otherwise entirely unregulated product.
Monday's hearing focused largely on testimony from defense toxicologists, who argued the amounts being used on marijuana poses little danger to users. City and state officials repeatedly countered by pointing out Eagle 20 hasn't been approved for use on marijuana at any level.
The hearing before Denver District Court Judge John Madden continues Tuesday.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Colo. tries to clamp down on pesticide use on pot
Author: Trevor Hughes
Contact: 9NEWS - Contact Us | 9 News
Photo Credit: Trevor Hughes, USA Today
Website: 9NEWS.com | Denver | Colorado's online news leader | Breaking
