Missouri court upholds recall against embattled marijuana product maker

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A Missouri circuit judge dismissed a court action by a marijuana extraction company seeking to halt a state recall on thousands of products containing its THC concentrate.

Delta Extraction filed a motion Aug. 17 asking for a temporary restraining order against a recall of its products issued by the state Department Health and Senior Service as well as the Division for Cannabis Regulation, according to Columbia TV station KMIZ.

The judge ruled Wednesday that Robertson-based Delta Extraction failed to exhaust all administrative options and the court lacked the jurisdiction to hear the complaint, KMIZ reported.

The situation began Aug. 2, when regulators suspended Delta Extraction’s business license, alleging the company sourced untested “marijuana or converted hemp from outside of a Missouri licensed cultivation facility,” according to the Missouri Independent.

Then, on Aug. 14, the Division for Cannabis Regulation (DCR) recalled roughly 62,000 infused cannabis products manufactured by Delta Extraction and sold to retailers and manufacturers in the state.

The products included vape pens, cartridges and gummies.

“The recalled products were not compliantly tracked in the statewide track and trace system, (Metrc), to allow the DCR to verify that the products came from marijuana grown in Missouri or that the product passed required testing prior to being sold at dispensaries,” regulators said in the recall announcement.

Though no adverse reactions have been reported by the public, the DCR encouraged consumers to stop using them.

Meanwhile, Delta Extraction is facing a court action of its own.

An Arkansas company filed a lawsuit alleging that Delta Extraction knowingly sold THC concentrate that couldn’t be sold or used in Missouri’s regulated medical or adult-use markets, according to court documents obtained by MJBizDaily.

Dark Horse Medicinals Missouri, which purchased $325,000 in distillate from Delta Extraction, is seeking punitive and special damages.

Dark Horse’s parent company is based in Little Rock, Arkansas.