Certified Cannabis (tradename of Reactwell, L.L.C.) is seeking an injunction to stop the Louisiana Department of Agriculture and Forestry from testing medical marijuana under the emergency powers it granted itself, as part of Certified Cannabis’s efforts to require the LDAF to follow the rules and select an independent laboratory to ensure the citizens of Louisiana have access to safe medical marijuana.
The LDAF is tasked with finding an independent, outside laboratory to test medical marijuana and ensure the product is safe for the citizens of the state. Instead, the LDAF rejected bids from competent laboratories, exempted itself from the standards those laboratories are required to hold, and despite a promise to solicit more bids from laboratories, began testing marijuana itself. To do so, the LDAF used emergency rulemaking, avoiding input from people affected by its decision. The LDAF’s use of emergency rulemaking is improper because there is no emergency except for the LDAF’s own intransigence.