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Denver Environmental Health Department

Public Health Inspections

200 W. 14th Avenue, Suite 200

Denver, CO 80204

PHONE: 720-865-5401

FAX: 720-865-5532

www.denvergov.org/phi 

MMJ America

Malek Noueiry1617 W 12th Ave.

Denver, CO 80204

March 25, 2015

Dear Mr. Noueiry:

The following observations were made during a visit to your facility on 3/20/15:

Walk through visit conducted at MMJ America at 1617 W 12th Ave Denver, CO 80204 (Denver

License number: 1060946, OPC: 403-00424 & 403-00423). The operator verified that plantswere treated with Avid on 3/10/2015 are still currently being held in the facility. Manager stated

that there was a change in management and that they no longer use the chemicals listed in theMSDS list currently on site. An updated SDS (formerly MSDS) was not provided during the

visit as well as updated logs of any recent pesticide application (after the date of 3/10/2015).

Management was able to identify and provide RFID numbers to the inspector for the plants (104

 plants) treated on 3/10/2015. General SOP's were provided as well.

This order supersedes the order issued on 3/20/2015.

Based upon our site visit and investigation of the premises, the Denver Department of

Environmental Health (DEH) finds sufficient evidence that marijuana plants or marijuana producton the premises may have been contaminated by pesticides that have been determined by the

Colorado Department of Agriculture to be a violation to use on marijuana; therefore, DEH finds thatthe presence of these possible pesticide residues on marijuana plants being cultivated for human

consumption –  either by inhalation or ingestion –  may pose a significant public health risk.

Given this evidence of possible pesticide contamination, and pursuant to the authority granted to the

department of environmental health to protect public health under DRMC §24-16 and §24-17, you

are ordered to hold all plants in the areas specified herein, specifically: all plants identified by the

RFID numbers provided on 3/20/2015 and vegetative room 7. All plants subject to this order shallremain on hold until written approval is obtained from the Denver Department of Environmental

Health to lift the hold. During the period of the hold, the subject plants:

During the period of the hold:

1.  The subject plants may be watered and maintained.

2.  The subject plants must remain segregated from other, non-contaminated plants.

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3.  The subject plants may be harvested, but the resulting harvest must remain segregated

from other plants by RFID number and may not be commingled with the harvests from

any other plants. The harvested marijuana product must remain subject to the hold.

4.   No clippings or clones may be taken from the subject plants until the hold is lifted.

The hold may be lifted in one of the following ways:

1.  The DEH may issue a written order to lift the hold after the pesticide analysis done by

the Colorado Department of Agriculture yields a “no detect” result, so that DEH issatisfied that the pesticide residue levels are insignificant and the marijuana plants are

safe for human consumption.

2.  The DEH may issue a written order to lift the hold after the owner/manager of the

marijuana facility provides written documentation from an independent accredited

laboratory to satisfy the executive director of DEH that the marijuana plant/product issafe for human consumption. The Department will evaluate any information provided

related to the safety of the plants.

3. 

The DEH may issue a written order to condemn the plants and/or product. This order

would be issued in conjunction with agents from the state Marijuana Enforcement

Division and the city Department of Excise and Licenses, so that subsequent destruction

of plants is done lawfully according to MED regulations.

4.  The owner/manager of the marijuana facility agrees to voluntary destroy the plants, and

appropriately destroys the subject plants in accordance with MED regulations. The

owner/manager must contact DEH before proceeding with condemnation.

Please be advised that if the Department of Environmental finds sufficient evidence that your

facility is not strictly adhering to the conditions of the hold order, all plants in question may becondemned and disposed of to protect public health.

City and County of DenverEnvironmental Health Department

Public Health Inspections

Employee ID Number: 135625