Not only do marijuana centers in Colorado need to be worried about MED inspection of pesticides used in cultivation, but they should be on the look-out for investigative exposes being conducted by journalists. The Denver Post has alleged that MED prohibited pesticides are still being found in marijuana products sold in Denver.

For those of us in the cannabis industry, pesticides have been a point of consternation. Enforcement has been inconsistent and there is no guidance provided by the EPA as to allowable levels of pesticides because cannabis remains federally illegal – even though many of these pesticides are used on a variety of crops grown and consumed in the United States.

In Colorado, marijuana centers must continue to be diligent about the types of pesticides they are using or face regulatory scrutiny and public shaming. Marijuana centers should think about having their attorney’s control the compliance review to ensure that the results of such checks are protected by the attorney-client privilege.