Maine continues to investigate first-ever moldy marijuana recall

A week after the state recalled several cannabis products after they tested negative for mold and yeast, it remains unclear how the contaminated products ended up on the market.

The recall, announced last week, involves one strain of cannabis flower and three strains of pre-rolls, all of which were produced by Cannabis Cured, a Fairfield-based grower and retailer. It was the first cannabis recall in the state since the market launched four years ago.

Recreational marijuana in Maine is required to undergo testing, and Cannabis Cured maintains that the samples passed the initial round of testing.

“Before anything hits the shelf at Cannabis Cured, every product must successfully meet all of Maine’s rigorous quality and safety standards,” the company said in a statement on its website. “During a subsequent audit by the state, some of the products tested still met state standards, while others did not.”

The company said all contaminated products were immediately removed from shelves.

“Cannabis Cured puts product safety and quality above all else,” the statement reads, adding that customers who purchased the contaminated product can seek a refund or exchange at any of the company’s recreational locations.

Cannabis Cured declined to answer any questions about the recall until it completes a “thorough due diligence and review process,” but did not say when that might happen.

STATE SAYS LAB IS NOT GUILTY

John Hudak, director of the Office of Cannabis Policy, said there was a “knee-jerk reaction” after the decision to blame the testing facility was announced.

But Hudak made clear that “the problems are not occurring at marijuana testing facilities” and none of the state’s four labs are under investigation.

He defended the labs in a statement sent to industry representatives on Friday.

“This recall was not prompted by any misconduct by any marijuana testing facility operating in the state, nor by any concerns regarding the methods, technology, processes, or procedures used by these testing facilities,” Hudak wrote, adding that he had no concerns about the integrity of any of the labs.

Hudak would not reveal which lab tested the cannabis samples, citing the ongoing investigation.

The recall affects 1-gram ready-to-roll units and five-packs of the GG4 variety sold between August 27 and September 9; 1/8-ounce packages of flower and 1-gram ready-to-roll units of the Jelly Donutz variety sold between August 28 and September 9; and five-packs of Portal variety ready-to-roll units sold between August 28 and September 3. The Office of Cannabis Policy said in a statement.

Inhaling cannabis containing unsafe levels of mold can lead to sinus problems, allergies, headaches, dizziness, or fatigue,” the office said in a statement. “Any consumer who has consumed these products and experiences symptoms or adverse reactions should contact their healthcare provider immediately.”

HOW TESTING WORKS

Not every cannabis product on the shelf has been individually tested. Instead, growers and manufacturers are required to provide “representative” samples of each batch. Sample sizes vary by product and batch size and must be taken from multiple parts of the product. For example, for pre-rolled and trimmed cannabis flower, sample sizes range from 6.5 grams for a 2.5-kilogram batch to 22 grams for a 10-kilogram batch.

Hudak said that releasing a contaminated batch of goods to the market does not automatically mean nefarious activity occurred.

“This typically happens when sampling from manufactured lots is not done properly,” Hudak said.

This may happen accidentally, due to inadequate training, or intentionally, due to the lack of a truly representative sample.

Hudak declined to speculate on what happened at Cannabis Cured, but praised the “robust” testing and tracing system that raised suspicions.

He added that this is not the first time such a problem has been detected, but it is the first time the product has already hit shelves and been sold to consumers.

Yeast and mold are the most common contaminants that cause a sample to fail a test, according to Chris Altomare, founder and CEO of Portland-based Nova Analytics, one of four licensed testing labs in the state. Altomare declined to say whether Nova Analytics had tested the recalled product, citing confidentiality.

Maine requires recreational marijuana to be tested for dirt and foreign materials, mold and fungi, harmful microbes, potency, cannabinoid uniformity and profiles, moisture content, heavy metals, residual solvents and pesticides. The state does not require medical marijuana to be tested.

Altomare says the hardest test to pass is mold.

“It’s easy to fail with pesticides — you just don’t use pesticides,” he said. “Mold is just so prevalent. It’s hard to control.”

MAKING IMPROVEMENTS

The failure threshold for yeast or mold contamination is 10,000 colony-forming units per gram.

Nova Analytics researchers are working to determine which microbes are most common in samples that failed required testing, and whether all of them are harmful.

The goal, Altomare said, is to help the state improve its regulations regarding yeast and molds.

But Hudak said the state standard is solid. It is used in many other states and is the threshold recommended by the American Herbal Pharmacopoeia, he said.

“I’m always interested in new research and new data,” he said, but “I don’t want (regulations) on yeast and molds to be made based on business decisions rather than consumer health and safety.”

Hudak said the office will analyze internal and external incidents to learn what needs to be corrected or how the office can help prevent another recall.

However, he added that it is important not to overreact.

“One recall after four years is a pretty good result,” Hudak said. “I don’t think changing the way we sample is necessary here.”

The contaminated product was sold at adult-use Cannabis Cured retail stores in Bangor, Carrabassett Valley, Damariscotta, Eliot, Fairfield, Stratton and Thomaston, the office said in a statement. The Portland location of the business was not identified.

Hudak said the tracking system only records “from seed to sale,” so it’s unclear how much product was returned. Cannabis Cured and Sweet Relief are tracking that information and will share it with the state, he said, adding that any contaminated product on the shelf that wasn’t sold has been accounted for and “destroyed.”