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September 8, 2023
Media contacts: Jonathan Modie, 971-246-9139, PHD.Communications@oha.oregon.gov
OHA to suspend rule requiring aspergillus testing on cannabis products
PORTLAND, Ore. – Oregon Health Authority (OHA) will be filing a temporary rule suspending the requirement to test cannabis products for certain species of a mold known as Aspergillus.
The agency’s decision to suspend the Aspergillus testing requirement in Oregon Administrative Rule 333-007-0390 follows an Aug. 25 Oregon Court of Appeals stay of the rule. Representatives of the state’s cannabis industry had earlier led a legal challenge to that part of the rule.
André Ourso, administrator for the Center for Health Protection at OHA’s Public Health Division, said the agency “remains concerned about the health impacts of Aspergillus on cannabis users, including Oregon Medical Marijuana Program registrants, and will consider revisiting rulemaking in the near future.”
In the meantime, OHA will amend OAR 333-007-0390 as a temporary rule to remove the requirement for Aspergillus testing. Testing for Shiga toxin-producing Escherichia coli (STEC) and Salmonella species will continue to be required.
The part of OAR 333-007-0390 requiring Aspergillus testing went into effect March 31, 2022, when OHA required new tests for heavy metals, mycotoxins and microbiological contaminants on marijuana items and industrial hemp-derived vapor items. Testing for heavy metals and microbiological contaminants was required for items harvested or manufactured on or after March 1, 2023.
Microbiological contaminant testing included testing for the presence of four pathogenic species of Aspergillus: A. flavus, A. fumigatus, A. niger and A. terreus, which are known to be harmful to humans.
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