In July, the Cannabis Industry Alliance of Oregon and other individual farmers set out to end a new rule that was causing concern in the industry. An Oregon Health Authority rule that began in March required testing of the marijuana flower for aspergillus, a common fungus — and to either toss that flower out or have it expensively remediated if it was found to contain aspergillus. OHA argued that the rule was necessary because inhaling aspergillus could be harmful to people who are immunocompromised. The industry shot back by pointing out that no cases of aspergillosis, the illness that can result from exposure to aspergillus, had yet been linked to smoking marijuana that contained the fungus, and that this extra testing requirement would cause them “irreparable harm.”
The CIAO and those farmers experienced a win – at least a temporary one — when in late August, the Oregon Court of Appeals granted a stay on those OHA rules, pending further review. This means that for now, cannabis farmers are not required to test. OHA is still determining its next steps and could very well create a new set of rules that don’t fall under the Oregon Court of Appeals’ current stay.
It’s no secret that Oregon’s cannabis industry is struggling. Between the issues around attempting to exist in a divided regulatory environment — where the state and the feds view the plant differently — to business consolidations and oversupply, it’s not easy in today’s marketplace for a pot farmer. Add another expensive step to the process, and you start a cycle where farmers opt not to grow flower at all, or turn their produce into products that wouldn’t require testing.
On the one hand, testing for aspergillus is a conscientious effort that takes into account those who may be harmed by inhaling a product that contains the fungus. After all, compromising human health and safety for the sake of the almighty dollar got us climate change and the opioid crisis.
On the other hand, the broad evidence of this causing harm is just not there – and in that regard, this looks like a solution in search of a problem. Cigarettes and smoked tobacco are also known to cause harm and kill people, and in spite of the frightful images now on the packaging, to remind people of the risks, people still smoke tobacco. Could a solution that involves a strong warning be enough in this case, where no broad evidence yet exists about the risks?
Or, perhaps Oregon’s medical marijuana program has a part to play in helping those who smoke marijuana both understand the risks and mitigate them. (Ingesting rather than smoking marijuana reportedly doesn’t pose the same risks.) Currently, registered medical marijuana users pay a lower price for the flower they buy at dispensaries. It seems cumbersome, but not impossible, to suggest that the flower intended for this population go through an added layer of testing, and that organizers of the medical marijuana program help to spearhead an effort to keep costs low, even with the added layer of testing. This would allow those who are immunocompromised — and arguably eligible for a medical card — the peace of mind they may be seeking, and allow the industry as a whole to avoid going on a hunt for a problem that doesn’t seem to exist in the general population.
This article appears in Source Weekly September 7, 2023.
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