An inconsistent and confusing set of Massachusetts cannabis testing rules have caused tensions among regulators, labs, and operators.
State regulators recently issued a public health advisory against products manufactured by Holistic Industries; now, Holistic Industries is pushing back, alleging the warning is due to disputes regarding testing methods rather than genuine safety concerns.
On February 3rd, the Cannabis Control Commission issued a bulletin alerting consumers about potentially tainted products after follow-up testing identified elevated mold levels in items which previously passed inspection at three separate labs.
“Some of this product was tested at ATOZ Laboratories via QPCR and plate confirmatory as required by CCC,” Kyle Crossley, Holistic’s general counsel told Green Market Report. However, six or seven months after testing results were provided by ATOZ Labs it became invalid requiring either destruction of product or paying to have all results retested again – forcing Holistic either destroy their inventory or pay to have everything tested again by ATOZ Labs.”
The Worcester Business Journal also reported the views of Heirloom Collective whose products had also been labeled. To better address all issues at hand, Heirloom president and CEO Jason Newell informed this outlet.
“No complaints were lodged against any products held back or ultimately recalled from Holistic or Heirloom Collective,” Crossley noted in response to CCC’s press release.
Operators claim there is an absence of clear and uniform testing guidelines from regulators as well as inconsistent enforcement. Different labs advocate for competing microbial testing methods – quantitative PCR or traditional plate counts; MCR Labs’ support of plate testing filed a lawsuit on January 30 against several other labs over this matter.
Bruce Stebbins, Acting Chair of the Consumer Communications Competition Commission (CCCC), declined on Thursday to provide specific feedback due to ongoing investigations; however he acknowledged industry requests for clearer testing guidelines.
“We understand our responsibility; indeed, I believe we take pride in having standards which may exceed those of other jurisdictions,” Stebbins explained to GMR. If there are regulatory changes we need to explore in order to provide greater clarity or direction, they’re welcome a conversation on them too.
Concerns have grown regarding lab shopping within Massachusetts’ testing industry. A Wall Street Journal investigation last year demonstrated Massachusetts labs which passed more tests saw their business increase 84% within one year after receiving less bad reports on tests they failed.
Stebbins noted in her budget request for fiscal Year 2026, funding had already been requested to establish a state-run testing facility and plans were in the pipeline to hire an official director of testing “in the coming weeks,” though current oversight capabilities still include limitations such as ATOZ Lab’s contract to undertake regulator’s “secret shopper” program which ATOZ Labs was contracted to manage but has seen no action taken yet.
Stebbins explained, “Part of it stems from limited resources; some stem from questions we have regarding product purchase decisions such as, once it arrives on our shelves, what are we going to do with it when the job is complete?”
Holistic claims the unannounced Cannabis Compliance Commission inspection of their cultivation facility in October “was very aggressive,” Crossley asserted, yet would not provide documentation substantiating his statement that only three test samples needed Metrc tags, which Holistic corrected quickly after.
Holistic Healthcare paid out fines totaling $200k last April due to safety violations at its Monson facility; it claims all issues involved have since been addressed and resolved.
“Every independent testing lab in Massachusetts is jostling for position with the CCC as it gathers feedback regarding lab reform in Massachusetts”, Crossley noted. He pointed out that reform will inevitably come, so they want their business prepared so it does not suffer when that day arrives.
Crossley declined to disclose the financial impact of the recall but noted vendors have been understanding of it. “Our wholesale customers are being very understanding,” he noted. “They understand our product but also have issues about CCC.”
“Operators of products on store shelves rely on them being tested, valid tests being run on them and trust in the system; I think this decision puts that trust at stake,” he noted.
Failing to establish testing guidelines, enforcers or testing policies causes unnecessary tension within Massachusetts cannabis industry – MEDCAN24
