Author: Mark Slaugh

End of The Year Recap on MED Enforcement, Cultivation Compliance, and Health & Safety Advisories

As expressed by iComply in our previous Bulletins, the MED has increased random testing and continues to do so over the last month. On Dec.15th, 2022 the Colorado Department of Revenue (DOR), in conjunction with the Colorado Department of Public Health and Environment (CDPHE), issued a health and safety advisory due to the identification of potentially unsafe levels of Total Yeast and Mold and Aspergillus contamination in Retail Marijuana Flower (bud/shake/trim) produced by 240 Arthur Avenue LLC (doing business as Rivus Fine Cannabis). 


The CDPHE and DOR deem it a threat to public health and safety when marijuana is found to contain levels of Total Yeast, Mold, and Aspergillus above the acceptable limits established in Colorado Marijuana Rule 4-115. Through an investigation, the DOR has identified two Harvest Batches produced by 240 Arthur Avenue LLC that contained levels of contaminants above acceptable limits for Total Yeast and Mold and Aspergillus sold by Retail Marijuana Stores between September 17, 2022, and October 12, 2022. This trend seems to continue as randomized testing by the MED has doubled since 2021. For more information on this bulletin, please click here


On Dec. 23rd, 2022, the MED issued a bulletin intended to provide continued guidance on certain rule changes that will be effective January 1, 2023. This Bulletin is a follow-up to a previous new rules bulletin issued in November 2022. The topics mentioned within the bulletin consist of the following:


  • Pesticide Testing – New Pesticides and New Action Limits
  • Re-designation of Medical Marijuana as Retail Marijuana
  • Concentrate Serving Size & Instructions Labeling Requirements


For further details surrounding the guidance provided by the MED Bulletin please click here.


Lastly, on Dec. 21st, 2022 the Colorado Department of Agriculture (CDA) provided an update regarding “Pesticide Use in Cannabis Production,” with a list of pesticides that can be used on cannabis without being a violation of the Pesticide Applicators’ Act. The following products have been added as of Dec. 21st, 2022. 


  • Atrevia 3.0% SL
  • BellaTrove Companion Maxx WP
  • Botry Stop WP
  • Trifecta Crop Control Super Concentrate 


To view the updated list, click here for a pdf or click here for an Excel form. Please be sure to review the list; pesticide products may be removed from the allowed products list if the registrant has not renewed their pesticide product with the Department. Use of unregistered pesticides on Cannabis would be a violation of the Pesticide Applicators’ Act.


iComply LLC helps ensure that your license remains up-to-date on the latest rules and regulations currently in effect as well as through upcoming legislation and rule-making processes. Licensed Operators who want to make sure they are staying compliant with State & Local licensing should contact us today !


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