Connecticut Officials Apologize For Retaliatory Inspection Of Marijuana Grower Following Critical Testimony

“We will work to rebuild the trust of the committee, our credential holders and the public.”

By Mark Pazniokas, The Connecticut Mirror

The state Department of Consumer Protection (DCP) apologized Friday for conducting what appeared to be a retaliatory inspection at a cannabis cultivator Thursday, a day after the company’s chief executive offered testimony at the General Assembly criticizing DCP testing protocols on recreational marijuana.

Bryan Cafferelli, the commissioner of consumer protection, offered public and private apologies and made no attempt to suggest there was a legitimate reason for what he called an “unannounced compliance check” that “took place without knowledge or approval of the commissioner.”

“This should not have happened,” Cafferelli said in a written response to an inquiry by The Connecticut Mirror. “Everyone should feel safe and comfortable providing testimony at a public hearing without fear of retribution or retaliation, whether they are a member of the general public or a licensee.”

“We sincerely apologize to the individuals and business involved,” he said. “We will work to rebuild the trust of the committee, our credential holders and the public.”

Cafferelli and a spokesperson for the department, Kaitlyn Krasselt, declined to say who ordered or conducted the inspection, calling it a personnel matter that is being handled internally. She confirmed that the inspection found no violation of state regulations or law.

The target of the inquiry was Rino Ferrarese, the president of Affinity Grow and a pioneer in the production and sale of cannabis in Connecticut, first with medical marijuana and then with the greatly expanded industry brought by the legalization of adult recreational weed in 2021.

Ferrarese had testified before the legislature’s General Law Committee in favor of a bill that would create a panel to examine testing rules that Ferrarese says leads to “inconsistent testing, inflated costs and regulatory inefficiencies, all without a clear benefit to public health.”

The testing for medical cannabis focused on batch testing before packaging, not the “final form” testing required for the adult recreational market, which involves testing of a sampling of packaged cannabis flower, rolled joints or other products as prepared for sale.

“We want bulk testing so they can come in and actually see the batch,” he told the committee. “If everything is in a jar, you can’t see what the flower looks like. You’re not going to get a representative sample.”

Cannabis in Connecticut is tested for contaminants, including pesticide residue and heavy metals, as well as the strength of the active ingredients, such as tetrahydrocannabinol, better known as THC, and cannabidiol, or CBD. Products also are tested for stability over time.

“We’re just saying we want the most precise testing,” Ferrarese said. “We’re not looking for an easy way out. Nobody’s asking for that.”

He declined to comment Friday on what followed his testimony, other than to confirm Cafferelli apologized.

*Rep. Dave Rutigliano (R-Trumbull), left, and Rep. Roland J. Lemar (D-New Haven) before condemning the chilling effect of the inspection.*

The committee’s Democratic co-chairs, Sen. James Maroney of Milford and Rep. Roland J. Lemar of New Haven, said Friday that even the suggestion of a retaliatory regulatory action would have a chilling effect on the willingness of the regulated to speak publicly.

“It is important that we hear both sides and people feel free to come and share that publicly, because the alternative is we’re only meeting with people behind closed doors, and open government is better,” Maroney said.

Both said they had confidence in Cafferelli after speaking to him.

“It has been made clear to me that this action was unacceptable,” Lemar said.

Lemar publicly said that Ferrarese’s testimony might have been “misconstrued” to indicate some failing in inspections, something that Cafferelli did not assert.

The ranking Republicans on the committee, Rep. Dave Rutigliano of Trumbull and Sen. Paul Cicarella of North Haven, offered similar sentiments about a potential chilling effect.

“We share the outrage of the leadership of the committee that a citizen who wanted to address or redress their government for a concern would then be targeted for action,” Rutigliano said. “We think it’s outrageous.”

Cicarella said no one should face retaliation for their public testimony.

Adam Wood, the president of the Connecticut Cannabis Chamber of Commerce, said disagreement over testing a product that has no Food and Drug Administration or other national standards is inevitable as the industry matures.

“This issue has been a subject of an ongoing dialogue between DCP and licensees over the past few months. This was the latest iteration,” Wood said.

He said he appreciated the commissioner’s disavowal of any effort to discourage dissent.

“I’ve never experienced anything from DCP except for professionalism and a willingness to engage in dialogue,” Wood said.

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