Minnesota regulators said Friday they recently found mold growing in the Wonky Weeds brand of THC syrup, and the manufacturer has been accused of flouting state testing requirements.
The state Department of Agriculture said no sicknesses have been reported but consumers should throw away any Wonky Weeds syrup they own.
The companies behind the syrup — Northland Vapor Company Moorhead, Northland Vapor Company Bemidji and Wonky Confections — were also sued in December for selling edibles that were 50 times stronger than allowed under state law.
Minnesota requires products with hemp-derived THC to be independently tested for mold, pesticides, metals and other potentially hazardous substances and for those test results to be publicly accessible.
The Minnesota Board of Pharmacy said in a news release Friday the companies have "failed to provide the board with required testing results to confirm whether their edible cannabinoid products met these testing requirements."
Tyler Leverington, attorney for the companies, said Friday the products have been locked away in a warehouse since last fall — and the photos the agencies shared show products that were meant to be discarded.
"This is no different than locking up a grocery store, walking back into it six months later and being shocked the bread is moldy," he said. "It's kind of wild how hyper-aggressive they've been coming after this small, family-owned business, trying paint us as these villains."
The Wonky Weeds syrup also advertised a THC content greater than allowed under state law. THC is the main component in cannabis that causes a high.
In Minnesota only edibles and drinks with up to 5 milligrams of hemp-derived THC per serving and 50 mg per container are currently legal. The syrups advertised 700 mg per bottle, the Board of Pharmacy said.
The Board of Pharmacy announced late last year it would seize $7 million worth of noncompliant Death by Gummies and Wonky Weeds products from Northland Vapor and Wonky Confections, which have battled in court to keep the products from being destroyed.
The companies have denied breaking the law. In a March court filing Leverington wrote the "vast majority" of products were destined for sale in other states.
"The law regulates the sale of products in Minnesota," he said, and not those being sold elsewhere.
"We want to comply and do things the right way — we run a professional operation," Leverington said. "We were the ones they picked to make an example of."
The state Legislature put the pharmacy board in charge of regulating the hemp-derived THC market last year but did not give the agency any additional resources to do so.
As a result a number of Minnesota smoke shops and online retailers still sell noncompliant products such as THC vapes and high-dosage gummies — and the extremely potent THC-P, which has caused reports of sickness in Minnesota and around the country.
The board also warned on Friday that "not all edible cannabinoid products are manufactured under the current good manufacturing practices set forth by the Food and Drug Administration."
