The state of Connecticut’s Department of Consumer Protection found high levels of mold in the lab that tested marijuana products, emails show. The department was concerned about its own employees’ safety and issued guidance to labs on how they should deal with their findings while also looking into whether there is a systemic issue.
Last year, Connecticut authorized an enhanced limit of mold and yeast permitted in medical marijuana via private emails at one of the state’s two cannabis testing laboratories, according to papers.
According to emails obtained through a Hearst Connecticut Media Group public records request in August 2020, the state Department of Consumer Protection agreed to raise the total passing level of yeast and mold for AltaSci Labs from 10,000 colony forming units per gram to 1 million colony forming units per gram.
About 54,000 medicinal marijuana users in Connecticut, which is preparing to begin its adult-use recreational program, were not informed of the shift in mold and yeast levels.
State officials say that the product is safer because of the loosened limitations and the inclusion of testing for the Aspergillus mold species.
Medical marijuana testing is not required in every state. As a consequence, there is a patchwork of laws that differs greatly from state to state, and in Connecticut, from lab to lab.
With new findings, testing standards change often. It’s a learning process without federal guidelines, according to Rodrick Marriott, head of the department’s Drug Control Division.
“I don’t think there’s any true perfect system for this, and no kind of like magic bullet to say what’s exactly perfect,” Marriott said. “This program, especially the microbiology portions of it, evolves over time based on things that other states learn, and things that we learn, going through all of this, and really, you know, I don’t think there’s any true perfect system for this and no kind of like magic bullet to say what’s exactly perfect,” Marriott said. “We’re still learning from our colleagues.”
AltaSci requested testing for four varieties of the Aspergillus mold genus in the same August email, which the state accepted.
According to Marriott, the Aspergillus genus is most likely to be dangerous to users, and the state prohibits any detectable quantities in marijuana.
In a 2020 email to Jessie McGinn, the lab’s quality manager, Jose Zavaleta, AltaSci’s lab director, said, “While this is not in USP 2023, it has been established [sic] by the industry that this is pretty significant in terms of patient safety.”
McGinn passed the email to Scott Stoppa, a drug control agent with the state Department of Consumer Protection, who approved the lab’s request a few weeks later.
‘Watching for cues’
According to Marriott, the state “takes cues” from the business, which includes laboratories, producers, and dispensaries, when establishing guidelines.
When Marriott and his staff get a request for a modification or fresh study, they normally examine it. Because the department lacks a microbiologist, he contacts university academics on occasion and never relies only on a cannabis company’ proposal, he added.
A team of six at AltaSci analyzed a 2015 research as well as developments in other states, such as New York, California, and Missouri, where testing is done for particular mold genuses, such as Aspergillus, rather than a total count, according to Zavaleta.
Some Connecticut medical marijuana users are concerned about the substance’s safety and the program’s openness as a result of the shift.
“Patients, like everyone else, have limited time to think about whether their drug is safe,” said Lou Rinaldi, a Connecticut medical marijuana user. “If DCP makes a substantial adjustment to testing criteria, such as loosening safety limitations by numerous orders of magnitude, the changes must be disclosed to patients in a proactive manner.”
Zavaleta said he was shocked by the unfavorable response to the move since he thought it to be greeted positively because to the Aspergillus testing, which he feels makes the product safer.
The new regulations, he and Marriott claim, ensure patient safety.
“Where other jurisdictions didn’t impose a restriction on the overall amount of yeast and mold, we retained the (1 million per gram),” Marriott added. “Total yeast and mold have had their caps removed.” So we thought this was an acceptable improvement that would still safeguard our patients and produce a decent product.”
‘Who do you put your faith in?’
However, individuals like Mallory O’Connor, a recent New Haven resident, are concerned about the shift and the lack of warning.
After contracting pleurisy from a batch of marijuana she acquired before getting her Connecticut license years ago, O’Connor is sensitive to the matter. She was sent to the hospital with a lung infection, and it took her six months of follow-up visits to fully heal.
“I feel like there would be a huge report if I went to the grocery and my lettuce had mold on it… Meanwhile, this is medication, and people are already ill, and we haven’t been notified,” she said.
O’Connor smokes marijuana to help her cope with her post-traumatic stress disorder. Before she buys it, she double-checks the lab results the state provides online, but she’s concerned about the increasing amounts of mold, particularly because her lungs are still sensitive after the illness.
“Who do you believe if one lab says ‘This is safe,’ and another lab says ‘This is safe,’?” she said.
Marriott emphasized, however, that not all mold is toxic, and that patient safety is a key concern.
‘Inconsistency’ is a term used to describe a lack of consistency.
Most laboratories, according to Dr. Kevin Sabet, head of Smart Approaches to Marijuana and author of the book “Smokescreen,” have “very little meaningful monitoring.” Sabet authored a book on the marijuana market called “Smokescreen.”
According to him, the situation is exacerbated by differences in lab standards as well as a lack of a rigorous certification procedure.
In response to concerns from Hearst Connecticut Media, Sabet stated in a statement, “The outcome is dangerously high quantities of mold, bacteria, fungus, and other additions.” “States that lack the infrastructure to adequately regulate marijuana and ensure that the product is mold-free give it a pass.
“We would never tolerate these standards in other products we consume, but marijuana operates in a murky area where farmers may benefit from it.”
The International Organization for Standardization has recognized AltaSci.
According to Rinaldi, a Guilford resident who has been a medicinal marijuana user since June 2019, the varying requirements are perplexing for individuals.
“The lack of consistency and openness adds to the already dangerous situation,” Rinaldi added.
The reports across the laboratories aren’t in the same format and don’t include all of the same details. For example, sometimes a report may include the amount of CFUs per gram discovered, while other times it would just state that the sample passed.
Although the reports are accessible online, the state has no guidelines for formatting or criteria for how laboratories present testing findings, according to Marriott.
Setting universal criteria, Zavaleta acknowledged, would be beneficial. With government guidelines, he says it’s easy to test different items.
“Right now, due of the federal position, where cannabis is,” Zavaleta said, “it’s sort of built into the challenges, baked into the circumstance.”
Concerns about transparency
In response to patient concerns regarding openness, Zavaleta said that the lab does not work with or have means to contact patients.
Although the state did not notify consumers, Kaitlyn Krasselt, a representative for the Department of Consumer Protection, said the agency urges individuals to speak with their physicians if they have issues about the guidelines.
The state, on the other hand, did not notify physicians about the change, according to Marriott.
O’Connor believes that a simple email notice would have made people, including herself, feel better about the choice.
“It’s just ridiculous to me, and it’s so confusing,” O’Connor said. “It almost makes you want to stay away from the medical cannabis market because it seems so dangerous.” “I don’t think that’s good either, since I believe cannabis can save lives.”
According to Marriott, the state has expanded its efforts to make the program more open, including by putting lab data online.
When patients express worry, administrators explain the decision on a case-by-case basis, according to Marriott.
“We attempt to explain the reasoning behind the decision and why we believe this requirement is necessary to preserve public health and safety,” he added. “And it’s all part of this program’s progress, which we strive to keep on top of.”
One of the patients, Rinaldi, has filed a formal complaint with the Attorney General’s Office, the Office of the Healthcare Advocate, and the Connecticut Freedom of Information Commission.
“Either DCP has to significantly strengthen its supervision role for the medical program, or our lawmakers need to shift the program to another state agency or external body,” he stated.
