Regulators in Arizona announced this week that a cannabis establishment in the state has voluntarily recalled a certain product that may be contaminated with a fungus.

The Arizona Department of Health Services said on Monday that a product known as Onion Bhaji was recalled “due to possible contamination with Aspergillus, a fungus that can cause allergic reactions or infection, usually in people already sick with something else.”

“The Arizona Department of Health Services (ADHS) is advising purchasers to dispose of the product described in the table below, which was found in laboratory tests to be positive for Aspergillus,” the agency said, adding that, to date, “no illnesses have been reported.”

“This announcement is being made out of an abundance of caution. Customers who have purchased potentially contaminated products should not ingest, inhale, or otherwise consume them and should dispose of them. If you have already consumed any of the products and have any of the symptoms described below, please contact your healthcare provider or seek care in the event of an emergency,” the announcement said.

The agency said that laboratory auditors with the Department of Health Services “were made aware of errors in testing results, leading to potentially false negative results for the contaminant.”

“Once [Arizona Department of Health Services] discovered the potential contamination, they contacted the facility that produced the products. The licensee took immediate action to work with all distribution and retail partners to remove any potentially impacted products from store shelves,” the agency said in this week’s announcement.

The product was voluntarily recalled by The Flower Shop; according to the Phoenix New Times, the product is “sold in The Flower Shop’s three metro Phoenix locations and distributed to nearly 170 other dispensaries across Arizona.”

Product recalls are a reality of any legal cannabis market. Arizona legalized recreational marijuana for adults in 2020, when voters there passed a ballot measure that ended prohibition. Legal pot sales began in January of 2021. 

In the three years since then, marijuana sales in the Grand Canyon State –– including both  recreational and medicinal –– have totaled more than a billion dollars. 

“Recreational marijuana sales for 2023 totaled about $1.1 billion, and medical contributed $348 million for total 2023 sales reaching $1.43 billion. Recreational sales amounted for more than 76% of the total, an increase from the 70% of sales it represented in 2022. In 2021, the first year adult-use recreational sales were legal, they were just 45% of the total,” the AZ Mirror reported in March.

“Since January 2021, recreational sales have totaled $2.8 billion, while medical has brought in slightly more than half that at $1.65 billion. The medical market dropped below $40 million in July 2022, and has not come near that mark in the ensuing months. Medical sales reached a peak of $73.4 million in April 2021, but since the inception of the dual market, medical sales have reached new lows seemingly every month. Recreational sales, which began in late January 2021, have fluctuated between $80 million and $93.5 million since July 2022. Since then, they hit a high-water mark of $100 million in March 2023 settling in at the mid- to lower-$80 million range. But recreational sales did dip in January 2024, registering just $76.8 million, the lowest since February 2022’s $72.8 million. It is the first time since June 2022 that monthly recreational marijuana sales fell below $80 million.”

The outlet explained that a third of the “revenue raised by the excise tax is dedicated to community college and provisional community college districts; 31% to public safety, including police, fire departments, fire districts and first responders; 25% to the Arizona Highway User Revenue Fund; and 10% to the justice reinvestment fund, which is dedicated to providing public health services, counseling, job training and other social services for communities that have been adversely affected and disproportionately impacted by marijuana arrests and criminalization.”

But according to the Mirror, the state has also “reported a steady decline in medical cannabis program participation, as the number of qualifying patients continues to drop every month.”

Still, the new law has led to something of a “green rush” for entrepreneurs in Arizona.

Eivan Shahara, the CEO of Mint Cannabis, a cannabis retailer in the state, told High Times earlier this year that the business is “anticipating an even busier 2024, as we prepare to employ more people to serve more customers at our additional dispensary locations.”

“The marijuana industry is blossoming into a significant job creator,” Shahara said. “It’s estimated that the cannabis industry employs about 500,000 full-time equivalent positions in the U.S., with about 280 new jobs being added daily. This showcases a promising trend, as more than 100,000 new jobs were established in the previous year, making the cannabis industry one of America’s fastest-growing job sectors.”

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The U.S. Food and Drug Administration last week announced the voluntary recall of a medicine used to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy after the manufacturer of the drug revealed that the wrong pills were found in packages of the medication. The recall covers one lot of the drug Zenzedi, an ADHD and narcolepsy medication manufactured by Massachusetts-based Azurity Pharmaceuticals.

In a notice about the recall, the FDA noted that a pharmacist had reported finding pills of an antihistamine, carbinoxamine maleate, in a package of Zenzedi. The voluntary recall was announced by Azurity on January 24 and covers packages of Zenzedi 30 milligram tablets with lot number F230169A and an expiration date of June 2025.

The recalled medication was distributed nationwide through retail pharmacies. Pharmacies and drug wholesalers have reportedly pulled the drug from their shelves to comply with the recall. Customers who purchased packages of the recalled lot of Zenzedi are urged to return any remaining pills to the place of purchase. Patients who take the mislabeled medication and have adverse reactions are encouraged to see their doctor. 

Drugs Have Opposite Effects

The two drugs have opposite effects when taken, according to a report from CBS News. Carbinoxamine maleate is an antihistamine that is used to treat allergies and has a sedative effect on some patients, while Zenzedi, a brand name for the drug dextroamphetamine sulfate,  is a stimulant that generally increases a patient’s attentiveness. Zenzedi is used to treat narcolepsy, a sleep disorder that causes overwhelming daytime drowsiness, and ADHD.

The FDA added that patients who take carbinoxamine maleate instead of Zenzedi will experience undertreatment of their symptoms. Patients can also have a potentially deadly elevated risk of accidents or injuries and may have drowsiness, increased eye pressure, urinary obstruction and thyroid disorder, among other symptoms, according to the FDA’s recall notice.                                           

“Patients who take carbinoxamine instead of Zenzedi® will experience undertreatment of their symptoms, which may result in functional impairment and an increased risk of accidents or injury,” the FDA wrote in a notice about the recall. “Patients who unknowingly consume carbinoxamine could experience adverse events which include, but are not limited to, drowsiness, sleepiness, central nervous system (CNS) depression, increased eye pressure, enlarged prostate urinary obstruction, and thyroid disorder.”

Azurity Pharmaceuticals sent recall notification letters to drug wholesalers on January 4 via an overnight letter and has arranged for the return of all affected product at the wholesale level. The company said that no reports of serious injury have been made as a result of the mixup.   

Recall Comes During Shortage of ADHD Meds

The Zenzedi recall comes in the midst of a nationwide shortage of medications used to treat ADHD. The shortage has been affecting supplies of the drug Adderall since a manufacturer experienced production delays in Fall 2022, according to a report from CNN.

At least 11 manufacturers of Adderall or generic versions of the drug were listed on the FDA’s shortage list in September 2023. The shortage of ADHD medication has left many patients struggling to fill their prescriptions, according to healthcare professionals. 

“A lot of the young people that I’ve been treating have had difficulties getting their medications month to month,” Dr. Warren Ng, a professor of psychiatry at Columbia University Medical Center who also serves as president for the American Academy of Child and Adolescent Psychiatry, told CNN.

When taking their prescribed medication, many patients with ADHD are able to function better. But when they run out of their medication, it can have a tremendous impact on their self-esteem.

“I’ve seen kids who want to drop out of school, don’t want to continue with their educational path or drop out of college suddenly making the honor roll,” Ng said. And “instead of seeing, being seen as being lazy or dumb or slow, they can envision themselves really utilizing all of their mental, psychological and intellectual abilities to really see themselves for who they are, which is so much more.”

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The Missouri Division of Cannabis Regulation said that it is “issuing a patient and consumer communication to alert patients and consumers about a mandatory product recall” affecting “manufactured products sold to dispensaries and manufacturers by infused product manufacturer, Delta Extraction, LLC, MAN000022.”

According to the agency, the “recalled products were not compliantly tracked in the statewide track and trace system (METRC) in order for [Division of Cannabis Regulation] to verify the products came from marijuana grown in Missouri or that the product passed required testing prior to being sold at dispensaries.” 

Monday’s notice said that no “adverse reactions for this product have been reported to the [Division of Cannabis Regulation] at this time,” but the agency says that all patients and consumers “who have purchased the recalled product should discontinue use.”

“All unused product(s) should be discarded or returned to the dispensary where purchased. Returned products will not count toward a patient’s purchase limit. For more information on returns, please contact the dispensary where the product was purchased,” the notice said.

A complete list of the recalled cannabis products, totaling 62,800, can be found on the Missouri Department of Health and Human Services’ website.

Medical cannabis sales began in Missouri in October of 2020, while adult-use weed sales launched in February.

In May, the state reported that cumulative cannabis sales for both medical and adult-use eclipsed $1 billion.

“Missouri’s newest billion-dollar industry is experiencing significant job growth, providing great products and services to Missourians, and becoming an integral part to the local economy throughout the state,” Andrew Mullins, the executive director of the Missouri Cannabis Trade Association, said after the figures were reported. “Missouri has avoided so many of the early hiccups that other states have experienced transitioning from a medical cannabis program focusing on quality, affordability, access and selection. Missouri’s cannabis program could not have gotten off to a better start. A sincere thank you to all the patients, customers, and small business owners that helped Missouri reach this impressive milestone.” 

In the first month of Missouri’s recreational adult-use cannabis market, sales topped $100 million.

Mullins noted at the time that the figure was “more than double what Illinois did in a state with twice the population.”

“So it really shows the interest and excitement for the new adult-use industry in Missouri,” Mullins said earlier this year.

“Canna-tourism folks that may decide to come to Missouri to access and utilize cannabis,” he added. “That seems to also be having an impact on the amount of sales that Missouri’s experiencing.”

Still, product recalls are a fact of any legal cannabis market –– and a reminder of the importance of sound and thorough regulation.

Regulators in Colorado issued a recall last year after detecting “potentially unsafe levels of total yeast and mold and aspergillus on Medical Marijuana flower (bud/shake/trim).”

The Colorado Department of Revenue (DOR) and the Colorado Department of Public Health and Environment issued an advisory in the fall saying they “deem it a threat to public health and safety when marijuana is found to have levels of total yeast and mold and aspergillus above the acceptable limits established.”

“[The Department of Revenue] has identified Harvest Batches of Medical Marijuana produced by [The Living Rose] that were not submitted for testing…Harvest Batches of Medical Marijuana produced by [The Living Rose] were required to be tested by the [Department of Revenue] and were found to contain total yeast and mold and aspergillus above the acceptable amounts,” the advisory said. 

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Viridis Chief Operations Officer and Founder Todd W. Welch sent an email on June 17 with a statement addressing the company’s values and recent information that has come to light regarding the CRA.

“These CRA allegations against Viridis are from last August and continue to be baseless, meritless and totally detached from science, facts and data,” said the statement. “We intend to defend our business against these false claims during the court process and show the vindictive and retaliatory nature of the CRA’s actions which are clearly designed to cause maximum disruption and damage.”

“Court-ordered proficiency test results that Viridis is in possession of, which the CRA had been withholding, will directly contradict these findings, and we’re confident the truth will prevail when all facts come to light,” the statement continued. “We hope these legal proceedings will pave the way for more transparency, accountability, and reforms at the CRA. Our hope is that the CRA can one day fulfill its true mission of promoting patient and product safety instead of unfairly targeting Michigan businesses trying to grow, compete and create jobs.”

The email also shared that nearly all of the company’s customers have returned, with an added 63 new customers. The company supports testing for approximately 62% of the state’s flower.

The CRA (formerly called the MRA, or Marijuana Regulatory Agency, as of April 2022) issued a recall for products tested by Viridis Laboratories and Viridis North in November 2021, with claims that Viridis products contained “inaccurate and/or reliable results,” for products analyzed within the range of August 10 and November 16, 2021. This resulted in the recall of an estimated $229 million in product value.

The MRA claimed that Viridis’ methods of testing were “unreliable” and “inaccurate,” which Viridis responded to by filing a Court of Claims lawsuit against the MRA on November 23.

By December 3, the court ruled that the CRA must release half of the accused products, which were tested by Viridis North, LLC. Viridis Attorney Kevin Blair praised the court decision, even if “the entire recall was completely without merit.” “This ill-advised recall has caused irreparable harm not only to Viridis but to growers, retailers and consumers throughout the state. The MRA needs to be held fully accountable for violating state law, ignoring the advice of respected national experts and causing mass disruption to the Michigan cannabis industry,” he said in a press release.

Months later in February 2022, more news came forward regarding the CRA’s conduct. Judge Thomas Cameron released a court opinion that “the issuance of the recall against the Bay City facility was, on the Court’s review of the record, arbitrary and without basis.”

Shortly after this, it was revealed that CRA had instructed its agents not to seize illegal cannabis found at CRA-licensed facilities. New evidence from CRA depositions shared troubling truths about the inner workings of the MRA when it comes to following its own policies.

In March, Senator Aric Nesbitt questioned the CRA and its management. “I think it was poorly communicated to your licensees and it didn’t seem like you had thought through the impact on the wider marketplace before acting on the recall, and I thought it was very poorly done and very clumsy in the implementation of the recall,” Nesbitt said at a Senate Appropriations Subcommittee on Licensing and Regulatory Affairs/Insurance and Financial Services.

Most recently in May, the CRA filed formal complaints about the accuracy of Viridis’s THC test results. According to Viridis CEO Greg Michaud, described that allegations from the CRA “continue to be baseless, meritless and totally detached from science, facts and data.”

Furthermore, Michaud shared that the CRA’s Inter-Laboratory Proficiency Test, which was obtained via a court order, reveals some shocking finds about other lab testing facilities in Michigan. The test results are not yet public, but Welch’s email suggests that more news will be announced soon.

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California Governor Gavin Newsom faces off September 14 in a pivotal recall race as the state’s future hangs in the balance. Forty-six contenders appear on the ballot including Democratic challenger Jackie McGowan—who vows to make reforming California’s cannabis industry a priority including lowering taxes and restrictions.

McGowan is running against contenders such as conservative radio host Larry Elder and Republican Caitlyn Jenner. Living in Napa, she sees what she calls an “existential crisis” in the cannabis industry, announcing her bid last July. Voters have until today, September 7 to mail-in a request for a ballot, or until September 14 in-person. 

On day one, if elected, McGowan said she will sign a trio of executive orders: eliminating the cannabis cultivation tax, reducing the cannabis excise tax to 10 percent and declaring cannabis an agricultural product.

“Those three issues are paramount to offering the cannabis industry immediate relief so they can survive and begin to compete with the thriving illicit marketplace,” McGowan told High Times. “The legal market is hanging on by their fingernails and is absolutely in crisis and once I am elected, I can begin to offer them hope again.”

McGowan told the Sacramento Bee that in the beginning, she decided to run for governor because of California’s mismanagement of the cannabis industry, and since then she has since expanded her platform. High tax rates only embolden the black market, advocates say.

McGowan’s platform includes goals to decriminalize psilocybin, bolster eviction protection laws for tenants and take Nevada’s cue to legalize sex work.

If more than 50 percent of ballots returned in the September 14 special election are cast in favor of ousting Newsom, the recall candidate who receives the greatest number of votes will replace him. In the event that Governor Newsom is recalled, he would be the third American governor and second in California to be removed from office via a recall election. The last time that happened was when former governor Gray Davis was ousted and replaced by Arnold Schwarzenegger in 2003.

McGowan has worked as a lobbyist and cannabis policy advocate for seven years, and prior to that, she spent 18 years on Wall Street, according to her campaign website. “I’m an 18 year Wall Street veteran and have worked in cannabis policy, consulting, and lobbying for the past 7 years,” McGowan said on her website. “I have had a front-row seat to how politics work at the Capitol as well as an intimate relationship with how the legalization of cannabis has been an abject failure.”

On McGowan’s website, it reads, “Question 1 – Vote NO” and “Question 2 – Vote Jacqueline McGowan.” McGowan said she would rely on executive orders as governor, rather than relying on the Democratic supermajority-controlled Legislature.

The candidate chose not to target Governor Newsom, but she ran to be sure that the power of the seat of California governor doesn’t fall into the wrong hands. “I am not going to urge you to vote yes on Question 1 on the recall ballot,” McGowan stated on her website. “But for Question 2, California must have an option that represents its spirit, and I strongly wish to be that candidate for you. I am thrilled for the chance to serve California without being tied to corporate money or party interests.”

Under Governor Newsom’s first term as governor after winning California’s 2018 gubernatorial election with nearly 62 percent of all votes cast—he has hit problems. For instance, Governor Newsom was criticized for his handling of the coronavirus pandemic and other pressing issues, such as homelessness and wildfire management.

Senators Elizabeth Warren and Bernie Sanders appeared in ads urging voters to vote no on the Governor Newsom recall. President Joe Biden, who urged Californians to vote against recalling Newsom in a tweet last month.

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