California Pulls Cannabis Products from Shelves Due to Pesticide Concerns

LOS ANGELES- California this week ordered product recalls for five licensed cannabis products, including four vape pens and a vape cartridge, due to contamination with chlorfenapyr, a banned pesticide. These products, sold by West Coast Cure (WCC), include the Birthday Cake, Lemon Cooler, Lucky Charmz Curepens, Slymer Live Resin Cartridge, and Watermelon Sorbet Curepen. The recall underscores ongoing concerns about pesticide contamination in California’s cannabis industry.

Product Contamination and Regulatory Response

The products were found to contain chlorfenapyr, typically used to combat greenhouse pests like caterpillars or mites. David Hafner, a spokesperson for the Department of Cannabis Control (DCC), emphasized the department’s commitment to removing pesticide-contaminated products from the marketplace.

West Coast Cure responded by stating that all its products have been deemed compliant by state-licensed testing labs and criticized the lack of standardized procedures for compliance testing. The company highlighted that it is not permitted to conduct its own testing under California regulations.

This recall follows a similar action on June 25, where another WCC cannabis oil cartridge was found contaminated with chlorfenapyr. Additionally, a voluntary recall was posted on June 12 for a specific batch of WCC cannabis flower.

Challenges in Regulation and Compliance

Despite the promise of regulation following California’s legalization of cannabis in 2016, pesticide contamination remains a significant issue. Investigations have revealed problems such as labs falsifying safety tests and stores selling contaminated products. The DCC has admitted its current inability to test for pesticide contamination in some products, further complicating regulatory enforcement.

California has strict rules banning 21 pesticides and requires testing of all legal cannabis products. However, despite these regulations, issues with enforcement and transparency persist. The DCC’s practice of issuing secret embargoes to companies without public disclosure has led to situations where contaminated products remain on shelves, unbeknownst to consumers.

Industry and Public Health Implications

The DCC’s approach to managing contaminated products involves issuing embargoes, conducting investigations, and potentially recalling products. However, the secrecy surrounding embargoes and the lack of transparency in enforcement have raised public health concerns.

An investigation by SFGATE highlighted instances where embargoed products were still available for purchase, and delays in public notification about contaminated products. High doses of chlorfenapyr can be lethal, although the trace amounts found in some products are unlikely to cause immediate harm.

The state’s inability to test for all banned pesticides due to delays in establishing a reference laboratory at UC San Diego further exacerbates the issue. The lab, intended to improve oversight, has faced delays attributed to the COVID-19 pandemic.

Comparison with Other States

California’s recall and enforcement record stands in contrast to other states with smaller cannabis markets but more frequent recalls. For example, Washington State recorded 65 product recalls for pesticide contamination last year, while California only announced four voluntary recalls in 2023.

Lezli Engelking, CEO of FOCUS, a nonprofit focused on cannabis regulation, pointed out the disparity and expressed concern over the lack of monitoring in California. The state’s approach to testing and enforcement continues to draw scrutiny as the industry grows and evolves.

The recent recalls in California highlight ongoing challenges in regulating pesticide contamination in the cannabis industry. As the market expands, effective oversight and transparent enforcement remain crucial to ensuring consumer safety and maintaining industry standards.