Pubdate: Tue, 06 Oct 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Authors: David Migoya and Ricardo Baca

STATE POSES STIFFER RULES

Regulators Want to Limit Use to Chemicals With Low Toxicity.

State regulators have proposed rules that would further restrict 
which pesticides can be used to grow marijuana to those that are 
least harmful and already are allowed on crops intended for human 
consumption and tobacco.

The draft rules mark the state's latest effort in a process that 
began about two years ago but has dragged on amid industry pressure 
and lack of guidance from the U. S. Environmental Protection Agency.

Currently, the state allows more than 200 pesticides on marijuana, 
but the new rules would pare it to about 75, officials say, although 
more can be added.

The proposal would limit allowable pesticides to those so nontoxic 
they do not need to be registered with the federal government or 
those so safe to use that no residue level needs to be determined.

The rules were proposed last week, and marijuana industry 
representatives said Monday they are reviewing them.

"The licensed marijuana industry and the state of Colorado are all 
stuck in the same dilemma in that pesticide regulations are 
controlled by federal law, and the federal government refuses to 
provide guidance," said Michael Elliott, executive director of the 
Marijuana Industry Group.

But one business owner said the new rule would cause problems. The 
proposal would "take away half of the products I use now," said Rob 
Jany, chief cultivation officer at Tru Cannabis in Denver, "and I 
face losing my crop no matter what I use.

"This will be a problem for the next 10 years until the EPA wakes up 
and properly tests everything," Jany said."We're all trying to wiggle 
our way around this so as not to get into trouble."

No date has been set for public hearings, but the state Department of 
Agriculture has said it could be as early as December or January.

If passed, the suggested rules would be a marked change in how the 
state has treated pesticides on cannabis for the past two years, 
which has been to allow those whose warning labels are so broadly 
written it would not be a violation to use them. That included a 
number of pesticides with tolerance limits established for certain 
food crops but whose safety on marijuana was unknown.

Under the new rules, which also would apply to hemp growers, only 
those pesticides exempt from any tolerance limits could be used, and 
they must be allowed on crops intended for human consumption by the EPA.

The federal agency sets tolerance levels, the maximum amount of a 
pesticide that can remain in or on foods. In some cases, a pesticide 
is deemed safe enough for a specific application that it is exempt 
from the tolerance rule.

The pesticide also would have to be allowed for use in specific 
locations such as commercial greenhouses or crop fields, according to 
the proposed rule.

Federal law prevents any pesticide from being used outside of label 
restrictions. Marijuana is illegal under federal law, and no 
pesticide is specifically allowed on the plant.

Part of the rule would allow for pesticide manufacturers to obtain 
special exemptions from the EPA to allow their products specifically 
on marijuana, a long and expensive process known as 24c for the 
federal code that regulates it. An exemption is typically given when 
a state can show a crop is endangered by a specific pest that cannot 
be treated by any other means.

The exemptions would require a company to test its product on 
marijuana and offer the data as proof it is safe for use and at what 
level residues can be found.

The process is further complicated because federal law distinguishes 
pot as a drug, not a food product, and pesticide levels are different 
for each. Also, because marijuana is sometimes ingested by children 
with medical needs, the allowable levels of pesticide residues are 
restricted even further.

An EPA spokeswoman said no company has yet requested the exemption, 
and it is unclear whether the agency will give a company one because 
the crop is illegal under federal law.

The issue of pesticides on pot has been contentious since at least 
2012, when state inspectors first noticed marijuana grow operations 
were using them.

With no federal guidance on how to regulate them and an industry 
reluctant to accept limitations on what could be used, state 
officials waffled over what to do and made pesticide enforcement a 
low priority, The Denver Post found in a review of state documents and records.
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MAP posted-by: Jay Bergstrom