The Aspergillus Incident

The OHA began requiring March 1 that cannabis farmers and producers test their products for aspergillus, a fungus that thrives around organic matter, including that at cannabis farms. If aspergillus were detected by those tests, the new rule stipulated, the cannabis would be subject to recall.

The testing rule sent shock waves through Oregon’s struggling weed industry. The Cannabis Industry Alliance of Oregon held Zoom meetings this spring where representatives of hundreds of cannabis businesses discussed their displeasure with the new rules. The industry argues that cannabis containing aspergillus has not been linked to any illnesses or deaths in Oregon and testing for it could further harm an industry reeling from oversupply and low prices.

State regulators argue that inhalation of aspergillus has been shown to be dangerous to people who are immunocompromised and that “adopting additional rules would increase public health and safety on cannabis items sold to consumers and puts Oregon on the same national standard as other states.” (The Oregon Health Authority acknowledges there’s no proof that cannabis containing aspergillus has sickened any Oregonians.) The Oregon Liquor and Cannabis Commission has already recalled products containing aspergillus from two farms, including Nectar, one of the state’s largest cannabis companies.

New details:

• Requires mycotoxin biological tissue proficiency test (PT) samples to be in usable marijuana matrix (effective August 1, 2024)
• Adds a requirement that laboratories obtain and maintain a license from Oregon Psilocybin Services (OPS) for psilocybin testing laboratories and the Oregon Liquor and Cannabis Commission (OLCC) for cannabis testing laboratories as criteria for maintaining ORELAP accreditation. 
• Clarifies testing of pre-roll joints.
• Sets minimum sample material retention for thirty (30) days for cannabis testing laboratories.
• Details on how to report PT results, including maximum limit of quantitation (LOQ) for PTs based on existing LOQs for compliance samples.

Source: https://www.oregon.gov/olcc/marijuana/pages/mj-tax-compliance.aspx

https://www.oregon.gov/olcc/marijuana/documents/cts/samplingandtestingguide.pdf

https://www.oregon.gov/oha/ph/diseasesconditions/chronicdisease/medicalmarijuanaprogram/pages/testing.aspx

https://www.oregon.gov/oha/PH/LaboratoryServices/EnvironmentalLaboratoryAccreditation/Pages/cannabis-info.aspx

https://www.wweek.com/news/business/2023/08/25/oregon-court-of-appeals-halts-states-aspergillus-testing-rules-after-legal-challenge-by-cannabis-industry

https://www.oregon.gov/oha/PH/LABORATORYSERVICES/ENVIRONMENTALLABORATORYACCREDITATION/Documents/Notification%20to%20ORELAP%20accredited%20laboratories%20on%20Aspergillus%20testing%208.25.2023.pdf