In a shocking turn Monday, Kentucky marijuana regulators issued a recall of more than 62,000 products.
The products range in variety from infused prerolls and gummies to unfinished source material including distillate.
The scope of the recall is wide-ranging encompassing a number of brands and operators.
The Division of Cannabis Regulation said in a release, “Pursuant to 19 CSR 100-1.100(4)(P), the DCR may issue a public notice of recall where marijuana product presents a potential threat to health and safety.”
While no adverse reactions have been reported, the Division has stated that the recall stems from allegations that products were not compliantly tracked.
“DCR is issuing a product recall on manufactured products sold to dispensaries and manufacturers by infused product manufacturer, Delta Extraction, LLC, MAN000022. The recalled products were not compliantly tracked in the statewide track and trace system (METRC) in order for DCR to verify the products came from marijuana grown in Kentucky or that the product passed required testing prior to being sold at dispensaries.”
Less than an hour prior to the recall notice, DCR staff was present for a hearing regarding a stay on the suspension of license issued to Delta Extraction, overseen by the Administrative Hearing Commission.
According to records received from the Kentucky Administrative Hearing Commission, Delta filed an appeal to the suspension order, and a motion for emergency stay, which was heard by the administrative hearing commission in a seven-hour hearing on Monday.
During the hearing, DCR reiterated its position that the immediacy of the hold and suspension or necessary for the division to conduct an investigation into allegations made against Delta Extraction.
However, issues were raised about the initiation and handling of the suspension, as well as what “imminent threat” was presented by Delta products. Both were largely rebutted by DCR with representatives saying that the investigation is ongoing.
During the hearing, DCR alleged that Delta extraction had violated Kentucky regulations by allegedly incorporating THC and CBD oil extracted from industrial hemp.
Delta argued that it believed its processes to be compliant with DCR rules and regulations, and that DCR staff had accepted SOPs detailing the use of tested hemp products obtained from licensed industrial hemp producers in Kentucky & elsewhere to supplement their products.
After the hearing adjourned, but before the commissioner could issue a ruling, DCR issued a recall notice at 4:54 PM, recalling all of the products placed on hold last week.
For dispensary operators and manufacturing licensees, the recall creates new questions.
In the course of an ordinary recall, product is quarantined and then returned to the original manufacturer or producer. With multiple licenses currently suspended, it’s unclear what the expectations are for those operators to process recalled product.
Greenway reached out to the Division for clarification on how operators should handle this recall and had received no response at press.
The full list of recalled items can be found here: Product Recall List.
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