Denver Rec Store Challenges City’s MJ Quarantine Order

A cannabis shop in Denver that had roughly 15 to 20 pounds of marijuana put under a legal hold order by the city over concerns of possible pesticide contamination is fighting back in court.

Organic Greens was ordered by the Denver Department of Environmental Health in March to not sell a batch of plants that were treated with the pesticide Eagle 20. Now, the owner is asking a city judge to lift the hold order and allow the plants to be sold, according to USA Today.

Andrew Boyens, the owner of the shop, told judge John Madden that Eagle 20 is commonly used by growers in the industry to fight powdery mildew and doesn’t represent a threat to public health.

“Everything we produce is safe,” Boyens told the judge, USA Today reported.

Organic Greens is just one of at least 10 cannabis growers in the Denver area that have been ordered to quarantine plants that were possibly treated with various pesticides, and Eagle 20 is one of the more common that was identified by the city as a concern.

There’s a disconnect between marijuana cultivation and pesticide law, however, because the U.S. Environmental Protection Agency has not approved any specific pesticides for use on marijuana cultivation, and neither has the state Department of Agriculture.

Depending on which side the judge comes down on could have serious ramifications for other Colorado growers. If Madden sides with Organic Greens, that could signal that it’s okay for further pesticide use by growers. But if he rules in Denver’s favor, it could encourage the city and the state to ramp up pesticide inspections and make life more difficult for cultivators.

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16 comments on “Denver Rec Store Challenges City’s MJ Quarantine Order
  1. skyhigh on

    This is a perfect example of some of the amateurs in the business and that experience will always trump deep pockets. If you are having mildew problems in an indoor grow you are doing it all wrong.

  2. Mountzioncollective on

    An “organic” shop using eagle 20 and THEN fighting back to be allowed to sell it? U should have cut your losses and hid in a corner until people stopped talking….now they wanna make it a bigger issue!! Haha I’m lovin it

    I’m going to read the MSDS and post important info.

    “harmful in inhaled, may cause central nervous system effects, may cause respiratory tract irritation, keep upwind of spill, suspect cancer hazard. May cause cancer”

    That’s just the first page. They go into detail how terrible is in detail on the other 12 pages.

  3. Carter Baird on

    The burden of proof is on the company to show that their product is safe. Furthermore, they should be confident that the next batch will be just as safe as the previous one. If a regulator says your final product is not safe then the entire system that produced it is culpable. And if you can’t prove that it is safe, then you could lose everything. Protect your business by implementing a Quality Management System.

  4. steve on

    Again, what a crazy joke! I agree with Mountzion & just want to add, I hope that judge is actually coherent, & possibly reading these comments. Andrew, & his shop, & any others using any pesticides whatsoever, should be not only put out of business, but banned from ever attempting to start another one! How dare, anyone, put anything on plants, that could even possibly be harmful to their clients, let alone “ABSOLUTELY KNOWN TO BE HARMFUL”, & then they have the nerve to sell it to people? Let alone go in front of a judge to get a judge to allow them to sell it? What in the world are those that are using pesticides thinking? That is like asking a judge, “to ok it” for them to poison their customers! They must be smoking that poisoned stuff they are producing, it surely seems to have already messed up their brain function! The first 2 comments are spot on! If the environment is causing mildew & mold problems, that is what needs to be corrected,, putting poison on mildew, is adding misery to woe! Just ask that owner & all the people that work at that shop, or any others using pesticides: “If you go & get a piece of fruit or veggies out your fridge, & it looks like it has mildew or something on it, DO YOU GO AHEAD & EAT IT”??? If I were that judge, I would take a piece of mildewy fruit, & another plate of mildewy veggies into that court room, & tell the person that is asking him to allow them to poison people, to either eat that stuff with mildew on it, or better yet, spray some of that poison on it, the same they are using on their plants, let it sit a while so the poison kills the mildew, then eat it, right there in the courtroom.. If the person is stupid enough to actually eat it, they will most likely get sick.. most likely they won’t even begin to touch it. If they argue that the poison is just to prevent the mildew, but that there was no mildew on the plants to start with, then why in heck were they using it? I’m kind of disgusted with all this new “truth” being brought to light about by these supposed “pro mj growers & shops”. Not using poisons & insecticides, & making sure what one is inhaling is clean & pure, was one of the many reasons for everyone that was, & is pushing to get mj legalized. Listen up, all you mj growers & shops in the business already: If you cannot grow without using pesticides & poisons, you are not only doing something wrong, you are, giving the entire industry not only a huge blackeye, you might be breaking some arms, & causing permanent damage to the people you are pushing your poison off to. Either get a grip & grow it right, or just get the hell out of the business!! That’s my 2 cents, you don’t want the quarter version!

  5. steve on

    Someone asked me to simplify the above, for the growers & shop owners that might not have the capacity to understand, or possibly just don’t care. The simplified version:

    If you are a grower, or a shop selling mj to the public, or even a black market grower. If you see anything, other than trichomes, growing on your plants, the plant is already ruined, no good whatsoever for any type of human consumption. Simple solution: you cut that plant, or all the plants that have it down, you destroy that plant, & you start over & try to do it right! You do not sell it, or give it to anyone, just because you might just be doing them harm, you destroy it. It is already ruined, so why would you want to put poison on it, then try to sell it? If you can’t even use common sense, about that kind of thing, or so money hungry that you just don’t care, then you not only don’t deserve to even be in the business, you don’t even begin to deserve a spot in the industry, or anywhere else for that matter.

  6. hempster on

    Way to lay it down my man. Well put I agree 100%. I still love the fact that its called organic greens haha. Jokers

  7. steve on

    Even simpler, AG 101:

    If you see mold or mildew on any type of plant, do not consume it, do not smoke it, in any way, you destroy it.
    It could & most likely will make you sick, it could even kill you.

    Note to the growers & shops, putting pesticides on molds & mildews, could make your clients sick or even die. So how in the world can you even begin to justify doing this kind of thing? You could not only end up liable for just making someone sick, you could end up being charged with manslaughter if they die, i.e., you could possibly kill someone, & end up in prison for murder, especially if you “knowingly” sold, or even gave someone a product that could make them sick or poison them”.

  8. Hortcents on

    Have you heard/ do any of you use KaliGreen, safe and successfull in many agricultural applications for powdery mildew,on foods. It is a form of Potassium Bicarbonate,think baking soda includes Herbs etc,on the label. my 2 cents

  9. Jim on

    I’m a certified Pesticide Applicator in Colorado. I’ve read 100’s of pesticide labels. I’ve worked with marijuana, hops, apples and grapes on a very large scale. Most of your comments are completely ignorant.
    Grape and hop growers deal with many of the same issues as marijuana growers: spider mites, powdery mildew, downy mildew, botrytis. They use pesticides. They use them according to the label, and no one dies. Most people consume food products treated with far more harmful chemicals than Eagle 20 everyday. Eagle 20 is not a restricted-use pesticide which means it is relatively safe compared to other pesticides. You can safely eat grapes 14 days after treating them with Eagle 20.
    I prefer organic treatments, but sometimes you must deal with issues that require the use of chemicals. This is especially true if your business depends on a harvest. In that case, follow the label, spray before week 2 of flower, and use pesticides that are safe on food crops.

  10. Numb Nuts on

    jim, stick with your other industries. or have you done a clinical IRB on smoking these types of chemical products?
    we do not smoke apples,hops or grapes.
    igniting chemicals changes the molecular structure of chemicals.
    this is a simple solution here folks.

    1. choose only powdery mildew resistant strains

    2. budget in and create a perfect environment greenhouse.

    3. purchase crop insurance…..duh

    4. create a great employee environment and all problems go away.

    5. never spray in the bloom rooms if there are issues in veg room then that rotation is culled

  11. skyhigh on

    Good advice numbnuts!
    Jim I think you are missing some of the problem here and that is they are growing indoors. You shouldn’t have any form of mildew growing indoors let alone spider mites. If you do have bug issues what’s wrong with using beneficial insects to eradicate the problem? If you are to use beneficial insects the key is to release them before a problem arises.
    I imagine farms wouldn’t have problems with bad bugs if they wouldn’t spray everything with pesticides killing all the good bugs in the process.

  12. Jim on

    Simple solution(s)?

    PM resistant strains- so no OG’s- never going to happen
    Budget in and create perfect grow- simply abandon your current grow and create a perfect one with your mountain of cash
    Crop insurance- use the money to buy wholesale that was treated with the same chemicals you were trying to avoid

    Throw all your veg away if there is a problem because you can afford to constantly buy wholesale.

    You need to be realistic about where many of these dispensary owners are in regards to funding. I agree that a strict regulatory environment should squeeze out the shops that can’t run clean. But the reality is most grows in Denver are built and run by amateur growers, and they will do anything to keep their business alive.

  13. steve on

    LOL!, yeah, leave it to someone who sprays crops for a living to try to tell us that our comments are ignorant? You keep your pesticides & the crops you spray with them to yourself & your own family please! Again, what a joke! To the comment above, about the reality of the Denver or Colorado shops being built & run by amateur growers, that will supposedly do anything to keep their business alive?? Then why in the world, are they not hiring growers that know what the heck they are doing? Or just learning themselves how to grow without pesticides or chemicals? That way they could teach their employees how to do it right. Very very simple solution: either learn to do it right,, or hire someone that knows how to do it right, or again, simply fold it up & get the heck out of the business. I mean come on, it can’t be that hard to beat the bugs up there in the mountains & cool air, let alone it should be very simple to control the environment enough to eliminate mildews & molds. If you can’t do those simple things first, then there is no point in continuing to try to “cover up” the problems, just stop doing it. Once again, hopefully all of the shops or people doing this kind of thing, should take this to heart:
    DO NOT CONSUME, EAT, OR SMOKE, ANY TYPE OF PLANT THAT HAS MOLD OR MILDEW, IT COULD MAKE YOU SICK, EVEN KILL YOU! CERTAINLY DO NOT SPRAY MILDEW, MOLD, OR BUGS, WITH ANY TYPE OF PESTICIDES BECAUSE YOU ARE JUST COMPOUNDING THE PROBLEM. DESTROY ANY PLANTS THAT HAVE MILDEW, MOLDS, OR BUGS. DO NOT TRY TO GIVE THEM TO ANYONE, SELL THEM TO ANYONE, BECAUSE YOU MAY END UP LIABLE FOR MAKING THEM SICK OR KILLING THEM. IS THAT NOT SIMPLE ENOUGH?? I personally really don’t care how desperate these amateurs are to keep their failing, pesticide ridden businesses going. If the money is the most important thing to them, & they will do anything like possibly harm others just to stay in business, they need to be banned from the industry, period!! Anyone that will put the health of their clients, friends, employees, etc. in jeopardy & danger, has no place or business being involved in this industry. MINGAS!!!

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