After a Delaware County cannabis-testing facility’s license was suspended due to the Oklahoma Medical Marijuana Authority’s citing a possible public health emergency, its owner says the state has denied due process for the lab to defend itself.
Genesis Testing Labs in Grove was making efforts to expand operations with a second facility when OMMA inspectors arrived at the new lab in April, owner Tony Brixey said. They refused to communicate with lab staff while documenting what Brixey said built a case that Genesis was operating illegally out of an unlicensed facility in Broken Arrow.
“It’s great they’re going after the bad actors. But I’m a good guy,” Brixey said in a Tulsa World interview. “I didn’t do anything wrong.”
People are also reading…
In a news release, the OMMA said more than 80 emergency orders of summary suspension have been issued so far this year.
Among the reasons cited: large numbers of untagged cannabis plants, diversion of medical marijuana products and sale of material that failed safety testing.
Brixey said Genesis requested an administrative hearing, as statute allows, to discuss the inspection and the emergency suspension. He said he intended to show proof that Genesis staff members were conducting tests on tea leaves and Haribo gummy candies at the Broken Arrow lab — no products containing THC, as was alleged — while working toward its required accreditation.
Brixey lamented the 30-day lapse between the request and the May 4 hearing date, as the Genesis facility in Grove hit dire financial straits while not in operation. He said it hardly fits the spirit of the statute, which calls for the hearing to be scheduled “promptly.”
When finally given the chance to defend the lab, Brixey said whatever right he thought he had under law was “worthless.”
At the administrative hearing, he said no evidence or witnesses were allowed.
“To call it a kangaroo court would be generous,” he said.
By statute, such a hearing has only one order of business: An administrative judge decides whether the OMMA license should remain suspended “pending a final disciplinary hearing and ruling with the burden on the licensee to show good cause why the suspension should be set aside.”
Brixey said he thinks the burden at the administrative hearing should be on the OMMA to make its case that a license should be suspended, a move that can easily bankrupt many companies.
Genesis took the question to district court and won an injunction lifting the summary suspension Monday, but Brixey said that judge’s ruling won’t help the lab physically reopen.
“We’re hundreds of thousands of dollars in the hole,” he said, adding that Genesis staff have had to find new employment while operations were shut down.
A hearing has been set for May 25 in Delaware County District Court, where the OMMA will be asked to show cause for the Genesis shutdown. However, Brixey said, the state agency has been reluctant to allow OMMA officials and inspectors to be subpoenaed, and the OMMA has asked for a venue change.
Brixey said he hopes to come to a financial agreement with the state oversight agency that would help the lab reopen, especially considering how few laboratories are licensed to test the products of thousands of growers and processors.
At least two other suspensions, one in Ottawa County and another in Pontotoc County, have been taken to district court and won injunctions. The three licensees are represented by attorney Ronald Durbin.
The new Tulsa World app offers personalized features. Download it today.
Users can customize the app so you see the stories most important to you. You can also sign up for personalized notifications so you don’t miss any important news.
If you’re on your phone, download it here now: Apple Store or Google Play
In this week’s episode, Ginnie Graham and Barry Friedman discuss the legalization of recreational marijuana, which will be voted on March 7. Will State Question 820 pass? Should it pass? What are the pros and cons? Ginne and Barry debate the different sides of a complicated issue.
Recent Comments