CA: Federal Cannabis Pesticide Ruling Widens Rift With State

Ron Strider

Well-Known Member
U.S. pesticide regulators have denied the registration of four pesticides for cannabis cultivation in California, stating that "cultivation of cannabis is generally unlawful," and further dividing the rift between the federal and state on marijuana use.

The U.S. Environmental Protection Agency announced its intention to deny the application for four pesticides — commonly used on a wide range of food crops and approved for organic crops under federal law — in a letter dated June 22.

However, the U.S. EPA also states that the applications submitted by the California Department of Pesticide Regulations in late May does not meet the standard of "similar use pattern" to other federally registered products.

But this decision is clearly more about the division between how the federal government views marijuana — a schedule 1 controlled substance — and how the states that have legalized its use for medical or recreational purposes.

". . . the Administrator (of the U.S. EPA) intends to determine disapproval is reasonable because the EPA does not believe the process under (federal pesticide statutes) to be used for the purpose of facilitating activities that are generally in violation of federal law,"
the letter signed by E. Scott Pruitt, administrator of the EPA, states.
California was the first state to legalize medical marijuana when the voters backed the Compassionate Use Act of 1996. Voters then broadly approved recreational use in November.

The federal agencies have, in recent years, chosen not to enforce its laws against marijuana when it came to medical cannabis. However, the current administration has made it equally clear that it opposes all cannabis uses.

Still, the federal ruling may have no practical effect on a growing California industry that according to some estimates has already exceeded $3 billion annually. Solano County is still trying to figure out if it wants to allow commercial marijuana in the county, and if so, how it should be regulated — including the rules on pesticide use.

During a recent supervisor budget meeting, board Chairman John Vasquez said that the potential for significant tax revenue from marijuana is tempting, but that he does not want to make any rash decisions.

The board opposed Proposition 64, and some members have continued their vocal opposition to any recreation-use industry in the county.

Agriculture Commissioner Jim Allen said he could not speak on the policy side of the matter, but said the federal decision makes it nearly impossible for any California grower to use any sort of pesticide.

"It does raise questions," Allen said. "If the federal EPA says that these 'soft' products can't be used, then what could be?"

The pesticides in question are Prevasyn, an insect repellant made up of natural plant oils; Exile, a miticide designed to combat spider mites; Defguard, a bio-fungicide used to prevent powdery mildew; and Azamax, an insecticide.

"There are no pesticides approved by the federal government for cannabis, period," said Sunny Jones, a pesticide compliance specialist for the Oregon Department of Agriculture, who works in the state's cannabis program.

However, three of the four General Hydroponics pesticides — Exile, Defguard and Azamax — are on Oregon's guide list for cannabis pesticide use.

In essence, Oregon treats cannabis as "an agricultural crop, and to be an unspecified food crop for the purposes of assessing risk to human health." It then sets specific standards that must be met before a product can make the list, which includes 362 products.

California also has developed a guideline for pesticide use, but does not list specific products, just the uses "to fight pests typically associated with cannabis."

Jones said Oregon has not tried to have any of the products on the list registered with the federal government because the companies involved have yet to meet Oregon's testing standards necessary for the state to take that step.

Jones said the federal government is fully aware of the state's program and the guide list, and to her knowledge, has not issued any kind of negative reaction. She noted that she has been in meetings with U.S. EPA representatives, but not since the new administration took power.

"Washington has a somewhat-similar approach; Colorado has a somewhat-similar approach," Jones added.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Federal cannabis pesticide ruling widens rift with state
Author: Todd R. Hansen
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Photo Credit: Aaron Rosenblatt
Website: Daily Republic | Solano County's News Source
 
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