MJBiz - September 2023 - 18

INDUSTRY DEVELOPMENTS State by State
Arizona
Marijuana stores voluntarily recalled edibles products in Arizona for the third time this summer-this
time out of concern they might be contaminated with salmonella bacteria.
The recalls included:
* Phoenix-based Nirvana Center's Cloud 9 gummies, a grape-flavored, cannabis-infused edible
under the batch number C9G04102023.
* Four cannabis trim and concentrate products made by Phoenix-based Grow Sciences and Mesa's
Soothing Options that tested positive for aspergillus, a type of mold.
* Four live resin, concentrate and trim products from Cannabist that tested positive for salmonella
and aspergillus. (Those products later passed a retest.)
No illnesses linked to any of the recalled products have been reported.
Arkansas
A group of hemp companies is suing the state of Arkansas in a bid to overturn a recently enacted ban
on intoxicating hemp-derived cannabinoids such as delta-8 THC and delta-10 THC.
The lawsuit was directed at Act 629, which bans the sale of products derived from hemp that are
potentially intoxicating. Gov. Sarah Huckabee Sanders signed Act 629 into law earlier this year.
Widespread concern over minors' easy access to hemp-derived products-readily available since the
2018 Farm Bill became law-prompted Arkansas to follow the lead of other states that banned them.
The day before Act 629 went into effect, four hemp companies from three markets sued Sanders
and other state officials, alleging the ban violates the U.S. Constitution's commerce and supremacy
clauses as well as the 2018 Farm Bill.
The plaintiffs are Bio Gen of Fayetteville, Drippers Vape & Hemp Relief of Greenbrier, Hometown
Hero CBD (aka Sky Marketing Corp.) of Austin, Texas and Smoker Friendly (aka The Cigarette Store) of
Boulder, Colorado.
California
At least a dozen California cannabis businesses that signed required agreements with a labor union
now deemed illegitimate-including collapsed distribution giant Herbl-are at risk of losing their
licenses, according to state regulators.
California law requires marijuana businesses to sign a labor peace agreement with a " bona fide "
labor organization before they are issued a state license.
But in an apparent effort to flout worker-friendly marijuana legalization laws and benefit businesses
seeking labor cost savings, cannabis businesses across the country are signing these agreements with
organizations that have few or no members and no intent to organize workers.
The California's Agricultural Labor Relations Board ruled that an organization calling itself the
Professional Technical Union Local 33, or ProTech, is " not a bona fide labor organization. "
The state Department of Cannabis Control (DCC) issued a bulletin informing California marijuana
businesses that licensees who " entered into a labor peace agreement with (ProTech) will be notified
that they are out of compliance with licensure requirements. "
A DCC spokesperson told MJBizDaily that 12 companies had signed labor peace agreements with
ProTech.
18 September 2023 | MJBizMagazine

MJBiz - September 2023

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