phoenixnewtimes.com PHOENIX NEW TIMES FEB 17TH– FEB 23RD, 2022 State Licensed Dispensaries & Doctor Certifications | CANNABIS | Watching the Store Cannabis industry safety inspections show “growing pains.” BY MICHELLE AILPORT W hen Arizona voters passed Proposition 207 to legalize adult recreational cannabis use, they ushered in new health and safety regulations, adding to those that already existed for medical marijuana. Statewide, dispensaries and their grow- ing operations are subject to annual com- pliance inspections, as well as investigations of complaints. As of mid-January, the Arizona Depart- ment of Health Services had inspected over 90 retail sites, according to state documents released to Phoenix New Times in response to a public records request. Not all records were released. Many of the inspections revealed prob- lems that ranged from banal violations such as the shape of gummies to more seri- ous health concerns, such as the presence of salmonella in certain products. Ethan Minkin, an attorney at firm Harris Bricken who advises a handful of marijuana- focused companies about cannabis regula- tory issues, said he hasn’t personally seen the state levy fines or revoke a license. “As strange as it may seem, I’ve never gotten down to that level where the state turns around and imposes sanctions,” Minkin said. “In my experience, they’ve been willing to work with the licensees.” When the department comes across an issue during an inspection, the marijuana establishment creates a plan of correction, he added. There were over 450 correction plans resulting from the inspections by mid- January, department reports show. In June, a routine inspection by a Department of Health Services lab re- sulted in some marijuana products testing positive for salmonella and aspergillus — after a third-party lab had reported to dis- pensaries that the products were free of contaminants, according to a department news release. Ultimately, the suspected contamination led to a voluntary recall, noted the release. Neko Catanzaro, a PR agent for the company Sol Flower Dispensary, said in an email statement the recall was “due to inconsistencies in third-party lab pro- cesses and results,” caused by a “rushed and chaotic rollout of the marijuana testing program.” “We have absolutely no reason to be- lieve that any of the products affected by the recall were unsafe. Nonetheless, in cooperation with DHS and out of an abun- dance of caution we voluntarily recalled the products,” she said, adding that safety was Sol Flower’s “top priority” and the company “will continue to work with DHS and third-party labs to improve the admin- istration of the testing program.” In November, salmonella and aspergil- lus were detected in another routine inspection by the department. That in- stance also resulted in a voluntary recall, according to a news release. Baked Bros, one of the brands that voluntarily recalled its watermelon syrup. In other inspection reports, state regu- lators found deficiencies at several mari- juana establishments for their storage methods. Boxes, in some cases labeled as containing product, were stacked too high, blocking security cameras, according to the department’s inspection records. Similarly, one Lake Havasu cultivation site, operating as Abedon Saiz LLC/ Harvest of Lake Havasu, had plastic bins blocking the security camera’s view, regu- lators discovered during a June compli- ance inspection. The bins were moved during the time of the inspection, accord- ing to the department’s report. “This is a proof point that the educa- tional approach to establishment inspec- tions, in place between the AZDHS and the industry, is working to ensure the industry remains compliant,” company spokesper- son Rob Kremer said in an email. Looking for a sour watermelon-shaped edible, like a Sour Patch candy, perhaps? You shouldn’t be able to find them at Superior Organics in Phoenix anymore. An annual compliance inspection in June found that the dispensary was selling Big Bud Sativa sour watermelon wedges, and Superior Organics pulled the product in response to the inspection, according to the department report. Superior Organics and the other com- panies cited did not respond to requests for comment. Dispensaries can’t sell products that resemble a “human, animal, insect, fruit, toy or cartoon shape,” according to Arizona law. Sorry, no gummy worms, either. But the state’s reports may not capture the full picture. In some cases, there might not be in- spection reports for particular marijuana establishments because the program is so new, Tom Herrmann, a public information officer with the Arizona Department of Health Services, said in an email. The sys- tem that generated the inspection reports came online only in April, according to Herrmann. And inspection reports haven’t always been made available to the public, >> p 40 39
