Here's what to know about DHSS' recall of 60,000+ marijuana products

Missouri dispensaries are "scrambling" to keep up with incoming information from the Division of Cannabis Regulation involving a recall of more than 62,000 marijuana products.

The Department of Health and Senior Services issued a recall of 62,800 marijuana products containing ingredients manufactured by Delta Extraction in Robertsville last week because the facility allegedly was not properly tracking its products through the state's track and trace system. This was after the DHSS suspended the license holder's operations on Aug. 2.

Delta Extraction holds a comprehensive infused-products manufacturing license, meaning the facility creates THC distillate, a pure, potent from of THC used in vape pens and edibles.

This investigation follows the state's suspension of three other marijuana facilities in early August; these facilities have not been named, according to the Missouri Independent.

When products are not properly tracked through the state's system, Metrc, the DHSS cannot verify that the marijuana was grown in Missouri or passed required testing prior to sale.

Mark Hendren, president of Flora Farms, said he received word around Aug. 10 about the state's investigation of Delta Extraction, but he knows "very little" about it.

Dispensaries were instructed by DHSS to "quarantine" any Delta Extraction products on their shelves or returned by customers.

What "quarantining" products looks like may vary per dispensary, but Hendren said at Flora Farms' five dispensaries in the state, the recalled products are placed in a dedicated area inside a vault that is clearly marked "quarantine." These products are also removed from the dispensaries' point of sales systems.

When it comes to the number of products Flora Farms had to pull from its shelves, Hendren said it was a "very small percentage," about 10% of all the dispensaries' products.

The News-Leader contacted The Farmer's Wife for comment on the recall but the dispensary did not wish to comment.

Concerns of product inversion

The Division of Cannabis Regulation, part of DHSS, opened an investigation into operations at Delta Extraction following a compliant received from Missouri Cannabis Trade Association President Andrew Mullins in June.

In his complaint, Mullins expressed concern about Missouri marijuana manufacturers potentially participating in "product inversion," which is when "unlawful biomass, distillate, Delta 8 and/or other THC commodities" are introduced to marijuana products, according to public documents.

Mullins contacted the Division of Cannabis Regulation again in July, providing information that an Oklahoma operator had solicited product inversion in Missouri. The division also received a report from an individual who wished to remain anonymous, indicating that Delta Extraction was engaging in product inversion, according to public documents.

Following these reports, the Division of Cannabis Regulation reviewed its tracking data for Delta Extraction and other license holders for any discrepancies that might point to the addition of out-of-state marijuana being added to its products. It was during this review that the division determined improperly tracked data from Delta Extraction that could indicate inversion.

Throughout every step of the marijuana growing, manufacturing, packaging and selling processes, products are weighed and tracked through Metrc. If a license holder claims a specific yield of product during production and this number significantly increases or decreases later on, this discrepancy may be because of product inversion.

While investigating Delta Extraction, the Division of Cannabis Regulation analyzed discrepancies dating as far back as December 2021, according to public documents.

"Records of Delta Extraction’s activities in Metrc show pervasive irregularities to such an extent that DHSS cannot confirm any product originating from Delta Extraction has been compliantly tested," a public document from the DHSS on Aug. 12 states.

Delta Extraction interferes with state's investigation

The Division of Cannabis Regulation has expressed concerns that Delta Extraction is interfering with the state's investigation, specifically by extracting security camera footage from its facility.

The Division of Cannabis Regulation was scheduled to conduct a site visit at Delta Extraction as part of its investigation on Aug. 7, but the visit was delayed at the request of the license holder due to a reported burglary at the facility. Delta Extraction reported that the only item stolen during the burglary was "security equipment which maintained the video recordings within the facility and stored the facility’s access control information," according to public documents.

Franklin County law enforcement provided additional information, indicating that a Delta Extraction representative believed the individual who stole the security equipment was a Delta Extraction employee.

Division of Cannabis Regulation investigators visited the facilities on Aug. 8 and observed "many" packages with shipping labels indicating transfer to and from other states and a broken exterior window. The investigators also determined a path from the broken window to where the security equipment was stolen. This path "required passing by a large volume of marijuana and marijuana products," none of which were stolen during the reported burglary, according to public documents.

"The timing of security failures and facts of the burglary indicate intentional interference in the Department’s investigation by removal of key evidence that could show regulatory violations and criminal activity," a public document from DHSS on Aug. 12 states.

Delta Extraction appeals state's suspension with support from Missouri Cannabis Trade Association

Following the Division of Cannabis Regulation suspension of Delta Extraction's operation on Aug. 2 because of a "credible and imminent threat to public health," the license holder filed an appeal to the suspension, requesting to continue operations as normal.

In a letter to Division of Cannabis Regulation Director Amy Moore sent on Aug. 10, the Missouri Cannabis Trade Association asked the division to "immediately remove" the suspension due to its hardships on the state's marijuana industry.

"What releasing these holds absolutely will do is head off financial ruin for dozens of Missouri small businesses who through no fault of their own have found themselves with no good paths forward," the letter states. "We absolutely believe that a failure to do so will greatly increase the likelihood hundreds of Missouri jobs will be lost and some businesses will be irreparably damaged or forced out of business."

The Missouri Cannabis Trade Association claimed, in its letter, that over $10 million has already been lost since the first three facility suspensions in early August.

What should customers do if they purchased a recalled product?

The Division of Cannabis Regulation has not reported any adverse effects of products manufactured by Delta Extraction, but says patients and consumers who have purchased the recalled products should stop using them immediately. All unused products should be discarded or returned to the dispensaries where purchased. Returned products will not count against a patient's purchase limit.

Hendren said Flora Farms' five dispensaries have received "very little returns" this week and no reports of adverse effects.

When a customer comes to a Flora Farms' dispensary with a recalled product, an employee records the customer's information and provides a complaint form provided by the Division of Cannabis Regulation. The News-Leader contacted DHSS on Friday for clarity on return protocol but did not hear back by press deadline.

Users who believe they are experiencing adverse effects should seek immediate medical attention and report their effects to the Division of Cannabis Regulation by email at CannabisCompliants@health.mo.gov.

The complete list of 62,800 recalled products is available on the DHSS website at health.mo.gov/safety/cannabis/.

Greta Cross is the trending topics reporter for the Springfield News-Leader. Follow her on Twitter and Instagram @gretacrossphoto. Story idea? Email her at gcross@gannett.com.

This article originally appeared on Springfield News-Leader: DHSS recalls 60,000+ marijuana products, citing safety concerns