Cannabis company’s case against DHHS to stop recall dismissed

JEFFERSON CITY, Mo. (KMIZ)

A Cole County Circuit Judge on Wednesday dismissed a case filed by a cannabis company trying to stop a recall of its products.

Delta Extraction, LLC on Aug. 17 filed a motion for a temporary restraining order against the Missouri Department Health and Senior Service and the Division for Cannabis Regulation.

The DHSS issued a recall on Aug. 14. According to a DHSS press release, products were not compliantly tracked in the statewide track and trace system, METRC, to allow the DCR to verify the products came from marijuana grown in Missouri or that the product passed required testing prior to being sold at dispensaries. 

Products on the recall list included gummies and cartridges.

The judge on Thursday rule that Delta Extraction did not exhaust administrative remedies and that the court lacked the jurisdiction to hear the complaint. Court documents state, “the DHSS may immediately suspend all or part of the operations of a marijuana facility where there is a credible report of an imminent threat to public health or public safety.”

An administrative hold was placed on Delta on Aug. 3 by the DHSS, according to court documents.