DCR releases new guidance on marijuana product recalls
On August 16, the Missouri Division of Cannabis Regulation (DCR) issued a guidance document addressing public marijuana product recalls. This guidance, found under the recalls section of the DCR website, outlines the steps the division may take when a marijuana product presents potential health and safety risks to consumers.
Unlike other guidance documents, this newest release was added to the Product Recalls page, rather than the Facility Communications and Guidance page on the DCR site.
The document itself appears to be a response to recent criticism from both licensees and stakeholders regarding DCR’s decision to issue holds and recalls with the caveat of a potential threat to health and safety, despite product often being tested in its final form.
“Pursuant to 19 CSR 100-1.100(4)(P), the Division of Cannabis Regulation (DCR) may issue a public notice of recall where marijuana product presents a potential threat to health and safety, which may include when marijuana product is not compliantly tested or tracked in the statewide track and trace system (Metrc) before sale to patients and consumers; as mandated by Article XIV and 19 CSR 100-1. In both instances, DCR cannot verify compliance with health and safety requirements.”
The guidance document also provides detailed instructions for consumers to determine if a product in their possession has been recalled. Each marijuana product is required by law to include a label with key information: the license number of the origin facility, the name of the testing licensee, and the Metrc tag number corresponding to the product’s mandatory testing results. Consumers are instructed to compare this information with the Consumer Recall Lists available on the DCR website to ascertain whether their product is affected by a recall.
DCR also reminds consumers that if they experience any adverse reactions, particularly life-threatening ones, they should seek immediate medical attention. Adverse reactions can be reported to the DCR through email or their official complaint form. The division also provides a phone line and email address for consumers who have additional questions or concerns.
While the document explains the recall process and the scope of DCR’s authority in issuing holds and recalls for “potential threat to health and safety,” it doesn’t broach the thought process behind many of the questions asked by operators and consumers.
What threats to public safety exist outside of the scope of final product testing?
If these potential health risks exist and DCR feels that testing requirements may be inefficient, why has the division not refined the testing requirements?