A Michigan Court of Claims judge in February ruled that the Marijuana Regulatory Authority was acting within the scope of the law when it issued a recall in November against one of the state’s labs, but that the recall itself was, in part, “arbitrary and without basis” and could no longer be fully enforced, handing a partial victory to Viridis Laboratories.
The recall, which was announced on November 17, is believed to be the largest in the history of legal cannabis and was highly disruptive of the state’s burgeoning industry. According to the ruling from Judge Thomas C. Cameron, complaints about the methods used by Viridis Labs led the MRA to recall all products tested by the company’s two facilities between August 10 and November 16, 2021, because of inaccurate and unreliable results.
Cameron ruled that the recall may not continue against the company’s Bay City facility, because the MRA only retested samples from Viridis’ Lansing facility. The recall was upheld for the company’s Lansing lab.
“The threat of irreparable harm to the reputation of the Bay City facility arising out of the recall remains and has largely been left unrebutted,” Cameron wrote. “The same arbitrary action was not, however, present with respect to the recall issued against the Lansing facility.”
Cameron also ruled that individual complaints against members of the MRA may continue in a different court. Viridis officials said in a press release that it plans to pursue those cases, along with an administrative complaint against the MRA that is currently pending.
“We are overwhelmed by the support we’ve received from our wonderful customers, and we remain resolute in calling for additional oversight and transparency of the MRA so it can fulfill its duty to protect consumer safety and support — rather than harm — Michigan’s growing cannabis industry,” Viridis CEO Greg Michaud said in a press release.
— Brian Beckley