Marijuana Business Magazine January 2020

January 2020 | mjbizdaily.com 87 Readying Having a detailed plan in place allows cannabis cultivators to tackle a product recall before it spins out of control N o cultivator wants to join the growing list of cannabis companies that have had to navigate a recall because of mold, yeast or some other problem tainting their plants or products. One of the best ways to avoid a recall situation, experts say, is understanding what’s required of marijuana growers to safely and efficiently remove contaminated product from the market. Companies need to be aware of whom to notify if they receive a complaint, be able to identify and isolate problematic plants or products and demonstrate that procedures are in place to prevent future recalls. Canadian regulators, for example, require licensed producers to develop a detailed plan for conducting recalls. Coming up with documented procedures for handling plants and products that present a health or safety risk is also a good idea for U.S. growers. However, they cannot turn to Uncle Sam for guid- ance because marijuana remains illegal under federal law. “Unlike traditional growers and producers, there is no federal regulatory framework where direct guidance can be harvested. But most states have some requirement that a (marijuana) licensee submit, in connection with its application, a recall plan,” said Andy Romanow, a shareholder in the Denver office of the Hall Estill law firm. Current state-specific guidance related to recall events is relatively thin, Romanow said. “Growers and processors can stay ahead of the curve by adopting sound risk-management programs that are consistent with market convention for more well-regulated growers and processors outside of the cannabis industry.” DEVELOPING A RECALL PLAN The Foundation of Cannabis Unified Standards (FOCUS), an Arizona-based nonprofit group, asks that U.S. cultivators have a recall plan as part of its voluntary certification process. “One of the most important things about conducting an effective recall is having a recall plan in place before it Cultivators should be ready to safely and efficiently remove contaminated cannabis products from the market. Time is of the essence during a recall event, and a streamlined process could help curb potential damage to consumers as well as the image of the cannabis brand in question. Here are some considerations for cultivators handling a recall: • Follow a template or work with a third party to develop documented procedures for dealing with a situation where contaminated product needs to be pulled from the supply chain. • Use a Health Hazard Evaluation to assess the type of response needed to deal with contaminated cannabis or cannabis products. Situations where consumers are likely to face serious health risks or death require getting the word to regulators, suppliers and customers almost immediately. • Be prepared to work with regulators who might conduct their own investigations related to the source of contamination for tainted products. • Keep contaminated plants or products in secured storage or a quarantine area to limit the spread of the problem. for a Recall By Adrian D. Garcia Andy Romanow is a shareholder in the Denver office of the Hall Estill law firm. Courtesy Photo