One of Canada’s largest medical marijuana
producers, which raised concerns with Health Canada over harmful
chemicals found in cannabis sold at Vancouver dispensaries, sought
permission to use a controversial fungicide on its own crops last year,
but says it later abandoned the idea.
According
to the British Columbia Lobbyists Registry, Tilray asked for British
Columbia’s support in getting federal approval to use Nova 40W, a
fungicide that contains myclobutanil – a chemical effective at
controlling crop diseases, but one that has been at the centre of
controversy. It is banned by several U.S. states for use on cannabis
because of concerns it emits hydrogen cyanide when heated.
Tilray said it sought to use the product
in the belief that it was being employed by non-licensed marijuana grow
operations to control a fungal disease known as powdery mildew. The
company didn’t say how it knew the product was being used by those
operations, but Tilray spokesman Zack Hutson said the bid was halted
after Health Canada subsequently issued a list of alternative fungicides
that the company now uses.
“Tilray
contacted the B.C. government on March 19, 2015, to inquire about the
process for initiating an application to obtain approval for the use of
Nova 40W on cannabis,” Mr. Hutson said in a statement Wednesday. “We
stopped lobbying on the issue a few weeks later, after we found existing
Health Canada-approved organic solutions that have already undergone
[federal testing].”
The revelation is
one of several events in recent months that illustrate the need for
scrutiny of the burgeoning big-money cannabis industry, as the
government intends to legalize the drug for recreational use next year,
to ensure consumers are protected from harmful chemicals, bacteria and
other contaminants.
In July, The Globe
published the results of an investigation that discovered one-third of
nine cannabis samples obtained from Toronto storefront dispensaries,
which operate with no federal oversight, contained potentially harmful
bacteria that could have serious effects on elderly patients or those
with compromised immunity. One sample contained mould that can lead to
serious lung conditions in patients.
Last
week, documents obtained through the Access to Information Act showed
Health Canada was warned nearly a year ago about harmful chemicals
showing up in marijuana sold at storefront dispensaries in Vancouver.
Lab results submitted to Health Minister Jane Philpott’s office showed
13 of 22 samples tested showed high levels of carbamate, which is not
approved for cannabis, or dodemorph, a chemical that is not approved for
human consumption. Health Canada later revealed those test results were
submitted by Tilray.
Despite evidence
of a potential public health threat, Health Canada did not act on the
warnings, nor inform local authorities in Vancouver. Health Canada said
it considers dispensaries to be illegal, and therefore not its
responsibility. However, those same dispensaries have flourished across
Canada this year as a direct result of the federal government’s
announcement that it will legalize the drug. Ottawa has not addressed
their growth, saying it is up to local police to address the issue.
After
initially telling The Globe that she couldn’t recall if she’d seen the
documents, the Health Minister issued a statement on Friday confirming
the results were sent to her office. Tilray then called on the
government to act: “We are disappointed and concerned that nearly a year
after sharing these results, patients continue to be at risk. If
dispensaries are going to be permitted to continue to operate, then they
should be held to the same standards as licensed producers.”
It
is unlikely Tilray would have received federal approval to use Nova 40W
if it had proceeded with the request. Such requests must be submitted
by the manufacturer of the chemical, Dow AgroSciences, and tests must be
conducted to ensure it can be used safely on a particular crop, which
takes up to two years.
Nova 40W is
similar to Eagle 20, which sparked controversy in the United States when
it was discovered to be widely used on cannabis. Both contain
myclobutanil, which is approved in small doses for some crops that are
eaten, such as berries, since it is metabolized by the digestive system.
However, it is thought to be potentially dangerous on products that are
consumed in other ways. Lawmakers in Colorado, Washington and Oregon,
which have legalized cannabis for medical or recreational use, moved
quickly to ban the use of myclobutanil as a result.
In
Canada, there are questions as to how much scrutiny is being exercised
in this new industry. Health Canada says myclobutanil is not permitted,
but The Globe’s investigation found that not all labs enlisted to test
cannabis bother to check for the chemical, or are calibrated to detect
its presence, indicating a blind spot in the safety testing regime.
Though dispensaries are not held to any federal standards, Health Canada
said if a licensed medical marijuana producer were found to be using
such chemicals, it would take action.
“Chemicals
such as myclobutanil or dodemorph are not authorized for use by
licensed producers. If the Department had reason to believe that a
licensed producer was using unauthorized pesticides or other chemicals,
it would take immediate enforcement action,” Health Canada said. Such
steps “could include detention of product, recalls, or potentially
revoking the producer’s licence.”
The
B.C. Lobbyists Registry indicates Tilray’s request is active, which Mr.
Hutson said is a mistake. The company has lobbied the B.C. government on
other subjects related to the industry in recent months, and those
meetings have been erroneously linked to the same file on the registry,
he said, adding the company is now trying to have the record corrected.
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