The findings continue: “Even
more alarming is the discovery
that some concentrates contain
compounds such as PBO,
carbaryl, myclobutanil and
chlorfenapyr at levels greater
than 100,000 ppb [parts per
billion]. These levels grossly
exceed
tolerances
for
pesticides on any commodity,
and it is important to note that
chlorfenapyr is not registered for
use on any food commodities.”
In addition to testing for THC, CBD
(cannabidiol), mold and mildew, the state of
Oregon requires the Oregon Medical Marijuana Program
(OMMP) only test for four compounds used in pesticides:
chlorinated hydrocarbons, organophosphates, carbamates
and pyrethroids. Any batch of marijuana that tests above a
tolerance of 100 ppb for these pesticides, in theory, should
be failed and not sold.
“However, the bulk of pesticides actually used on
cannabis don’t fall into those categories,” Voelker says.
“The way people are reading that effectively is: It’s OK to
use everything else.”
Later in an email to EW, Voelker writes: “Thus when I
find other pesticides, even if they are present at obscene
levels, I have no authority to ‘fail’ the sample and it can
be sold. This despite the fact that the EPA has not
established tolerances for these compounds on cannabis
and thus any detection is in violation of federal law.”
Concluding, he writes, “we not only don’t have to
report our findings, there is in fact nowhere to report
them, and I haven’t found anyone in the state system who
seems to care. All we can do is issue a certificate that
indicates our findings. The grower/supplier is free to do
whatever they want with the material.”
In short, the state of Oregon, as well as other states that
have legalized marijuana use, is operating in a legal gray
area. The EPA requires that pesticides be used only as the
agency has directed. And because marijuana has not been
legalized on a federal level, all use of pesticides on
cannabis crops is technically illegal, even the ones
OMMP requires labs test for. The only agency that can
regulate it, won’t regulate it.
As of July 1, when recreational marijuana becomes legal
in Oregon, there will be no new rules for pesticides in place.
“All that we have as far as regulation of pesticides is
related to the medical marijuana dispensary program,” says
Tom Towslee, the recreational marijuana public affairs
officer for the Oregon Liquor Control Commission, which
has been tasked with regulating recreational marijuana.
“We want to make sure all the marijuana sold through
the recreational program is safe,” Towslee adds. “We
would require that recreational marijuana be tested at a
certified lab.” However, he says that no rules are currently
in place to enforce this and it’s up to the Oregon
Legislature to put regulations in place, which he says is “a
moving target right now.”
ON THE COVER
DARREN QUARDT
WORKS ON THE
COVER IMAGE
“I’ve always been into concentrates,” says
Darren Quardt, a Eugene entrepreneur who helps
set up dispensaries in Eugene and Portland.
Quardt, who has lived in Oregon for 25 years, says
Oregon grows more weed per capita than any
other state, and that it’s the cheapest in the
country.
Originally from New York where he studied art
at The New School's Parsons School of Design,
Quardt created the image seen on the cover of this
issue, as well as the adornments in this story.
“Each letter is hand-carved,” he says. Quardt
explains that “Eugene” is made from “shatter” and
“Weekly” is made from “pull and snap,” both
forms of butane hash oil, a marijuana extract.
Local concentrate producers Blazty and Earles
Dabberhashery supplied the materials. Quardt is
also an award-winning orchid cultivator.
PHOTO BY TODD COOPER
RISK TO PUBLIC HEALTH
What exactly the public health concerns are at this
point remain a bit of a question mark.
Jonathan Modie, communications officer for the
Oregon Public Health Division, which houses OMMP,
tells EW that pesticide use on cannabis “is a concern for
us for public health reasons.”
There is very little peer-reviewed research on the
effects of consuming pesticide-contaminated marijuana,
especially in the concentrated form of BHO.
However, one 2013 peer-reviewed study by a California
analytical testing lab — “Determination of Pesticide
Residues in Cannabis Smoke” — states that “the potential
of pesticide and chemical residue exposures to cannabis
users is substantial and may pose a significant toxicological
threat in the absence of adequate regulatory frameworks.”
The study also found that up to 69.5 percent of pesticide
residues are present in smoked pot.
In addition, the National Pesticide Information Center
(NPIC), based in Corvallis, cites many of the chemicals
Voelker and Holmes identified in the white paper study as
linked to cancer. For example, NPIC’s carbaryl fact sheet
states that the EPA considers carbaryl “likely to be
carcinogenic to humans.”
Meanwhile, Beyond Pesticides, a Washington,
D.C., nonprofit, states that PBO — the most
commonly detected compound in the white
paper study — is a “highly toxic substance
that causes a range of short- and long-
term effects, including cancer and
adverse impacts on liver function and
the nervous system.”
LABS IN THE WILD WEST
On a Friday afternoon in June, Will
Thysell and Nick Landis sit in the back office
of the Herbal Center, a dispensary run by Landis in north
Eugene. Considered an extract expert in the industry,
Thysell owns the extract company White Label Extracts.
Landis also owns an extract company — Top Shelf
Extracts.
“The downside of BHO that we’re battling right now is
a pesticide issue being used on top of the flowers,” Landis
says. “And inconsistent lab testing with that.”
Lab testing is a crucial step between harvesting
marijuana crops and selling those crops at your local
dispensary, and yet the process is almost completely
unregulated by the state of Oregon.
“It’s probably one of the biggest problems in our industry
and probably one of our biggest headaches,” Landis says.
“It’s hard because the state hasn’t set any tolerances and
there hasn’t been any standards set for these labs, and they
are all free to run in how they look at things.”
Landis and Thysell say they try to control the issue the
best they can by investigating the labs they use and
meeting with growers about pesticide use. Many in the
industry told EW that it’s not unusual for growers and
dispensaries to shop around for passing grades at different
labs, and for labs to accept bribes to pass a marijuana
batch regardless of pesticides detected. Many also
said inflating THC numbers is rampant.
“This is where having relationships
with growers you know and being
responsible about the material
you’re intaking is very important,”
Landis says.
For a dispensary, that’s an
enormous task — regulatory
oversight of an industry — better
suited to a state or federal agencies
who have the infrastructure, budget
and expertise.
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ecoanalytx.com
eugeneweekly.com • June 25, 2015
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