Reprinted with permission from apnews.com

An anonymous class member sent the following letter, which was sent last week to Gov. Newsom’s office, OSHA, and the USDA.

Subject: Whistleblower Demands Action To Address Novel Fungal Contamination in California Marijuana Products

Dear Public Health and Safety Agency Representative,

Re: Consumer Alert: California Dispensaries Sell Fungus-Contaminated Cannabis to Unsuspecting Customers, Nat. Govt Asked to Respond

A public health crisis is unfolding in California, as fungal contamination in the state’s marijuana industry reaches critical levels. Recent reports show that the majority of cannabis products tested in dispensaries are contaminated with harmful fungi, posing serious health risks to consumers.

This crisis is a direct result of regulatory failures in california, and the widespread use of high-risk growing practices, such as cloning, that leave plants Without immediate intervention, experts warn that the commercial growing facility contamination could lead to long-term public health consequences.

If you believe you and your office should not be counted as a party condoning the below public health crises, please write us back with your reasoning and actions, explaining why you needs to be exempted from fault.

To All California Marijuana Brands, Dispensaries and Regulating Health and Safety Government Bodies: You may be facing a lawsuit in December 2024, for conspiring to sell unsanitary fungus-contaminated marijuana to unsuspecting customers, without proper notice to the adverse health risks. Our lawsuit claims that governments and dispensaries failed to inform consumers or pull the products from their shelves, and knew—or should have known—that the products they were selling were contaminated with harmful fungi like Aspergillus, Pythium and Fusarium, even though they were notified by a growing community of the research science publications (citations below) signaling this agricultural “fungus pandemic” partially caused by plant cloning since 2018. Please stop lack of proper testing, improper agricultural sanitation, and carry out known solutions like TYM testing and irradiation.

Plaintiffs argue that this failure to act constitutes gross negligence and intent to defraud, and evidence exists that this “marijuana plant illness” has resulted in a memorable many cases of human illness. The lawsuit aims to hold States, Brands, and Dispensaries accountable, and push for stronger consumer protection measures within the cannabis industry, requiring tests such as TYM Testing and industrial process such as Irradiation.

Action Required to Address New Fungal Contamination in Marijuana Products sold in California. New sanitation measures urgently needed to fix a new pestilence posing human health threat, already affecting the lives and health of Californians, through Marijuana products containing new Aspergillus, Pythium, and Fusarium fungus. 

Dear Governor Newsom and Honorable Representatives,

We are reaching out to you directly, with our plea for help to address a rapidly escalating public health crisis tied to common fungal contamination of marijuana products sold in California since December 2022, with grave implications for consumer health. This (potentially deadly) contamination stems from an outbreak in Fall 2022, of two new fungi, Pythium and Fusarium (among others), and a new vector virus Hop Latent Viroid, in combination with unrestricted gene depletion caused by industrial plant cloning practices (bioengineering), all of which are contributing to the cannabis plant epidemic commonly referred to as “Root rot” and “Damping off,” which has now spread unilaterally to all commercial marijuana facilities across the United States, over the last 2 years. The spread of this new fungus in commercial cannabis facilities has resulted in a memorable many documented cases of unsolved human fungal illness, including fatalities, and it needs to be a top-line public health and safety concern by your office.

Please, read the investigative report, about this grave agricultural oversight and threat to the lives of your consituents:

https://www.startmotionmedia.com/california-dispensaries-knowingly-sold-fungus-contaminated-cannabis/

“California’s testing requirements are not keeping pace with the building new fungal risks in the cannabis supply chain. Until stricter regulations are enacted, consumers remain at risk.”

—CDC Report

Discussion

So far, the state and national government have done nothing to study “root rot sickness in humans”, or alert consumers, about the dreadful new health risk, nor have they act any TYM testing procedures to identify affected products, nor have requirements for irradiation been create (the only known sanitation control which can prevent the accelerating spread of the antibiot-c and fungicide resistant disease), except for the irradiation rules applied in Colorado and Canada, which have already effectively mediate and solved at lease the immediate consumer danger.

Our Question for your Office:

• • Why no appropriate response in California or any other state?
  • Why the cover-up and allowance of continued sale of products containing fungal residues, mycotoxins, and living fungi, even after studies noting this fall 2022 fungal outbreak?
  • Why this refusal for TYM testing, or irradiation? (Known solutions, apply by other territories).
  • National Agencies If the OSHA, the Surgeon General, FDA, and USDA have pre-famous governance over accidental human consumption of poisons inside of agricultural products, the you are obligated to fix this new, agriculturally-introduced threat to the American people and enact policies prohibiting marijuana cloning, and requiring site irradiation.

Simple Demand made by a class of sick California Consumers:

“It is with great concern and urgency that we request your immediate action to protect Californians, to avoid becoming complicit in the harm caused by this gross negligence. Until TYM testing standards and irradiation sanitation methods are in place solving this new fungus threat (Fusarium, Pythium, Rhizoctonia, and Alternaria), California marijuana consumers and their families are not safe. Should no action be done by you, our elected representatives, given fair warning by our scientific community, you will be considered conspirators in an attempt to cover up this new marijuana disease of and its possible unrestrained damage to human health. Please, do not continue to allow the sale of contaminated cannabis products to Californians. Please arrest and regulate those parties responsible for distributing unsanitary products. “ 

Signed (collectively)

The class of plaintiffs whose health and life have been adversely affected by the above-mentioned product safety issues, regarding new fungus in marijuana.

Background regarding New Fungus Pythium and Fusarium

“For the first time, researchers have pinpointed four fungal pathogens—Fusarium, Pythium, Rhizoctonia, and Alternaria—that target cannabis plants, leading to serious yield losses and contamination of the final product.”
—Cannabis Now

These fungi are particularly dangerous in commercial agriculture, as they can persist in the soil for long periods, infecting multiple growing seasons and making eradication difficult. The human health effect of inhalation of these new fungus varieties is untested, at best, as they are an emerging threat, and at worst, a current public health crisis.

Since 2018, science experts have sounded the alarm about the growing risk of these fungal infections within the cannabis industry. Despite mounting evidence and warnings from the scientific community, neither the State of California nor its Cannabis Control Board (CCB) have implemented necessary testing protocols or sanitization measures for novel fungus. Current testing standards fail to account for these novel pathogens, leaving consumers exposed to products that can lead to severe respiratory infections, including invasive fungal diseases like aspergillosis, which can be fatal, and novel diseases like Pythium and Fusarium (Commonly known as ‘root rot’ and ‘damping off’), as well as Hop latent viroid pose growing, significant, and already realized health threats humans, notably an increase in fungal resistant body pathogens, untreatable fungal disease, and and increase in fungal related deaths. The possibility for one marijuana user to infect the non-cannabis population, once such  user is bodily ill with the thriving fungus, is also prevalent, therefore this pandemic is not limited solely to marijuana users themselves.

We, with a growing coalition of concerned citizens and legal experts Because of these developments, we are preparing to initiate a class action lawsuit against the State of California, its cannabis brands, dispensaries, and growers. The lawsuit will target the gross negligence demonstrated by all parties involved in allowing these dangerous pathogens to spread.

Failure to act swiftly will only compound the health risks posed to the citizens of California, and to make matters more complex implicate state officials in this unfolding public health disaster.

We Plea and Urge You To Act Now, to Soften The Health Lasting results, Before More California Consumers (And their Household Members) Fall Sick

The contamination from Pythium and Fusarium affects the immune systems of cannabis plants, and these pathogens are not just an agricultural problem—they also pose a direct threat to human health. People consuming contaminated marijuana products have reported unsolved respiratory issues, fungal infections, and other health complications. In some cases, exposure has led to hospitalization and, tragically, death.

Even as early as 2018, According to recent studies (cited below), over 80% of dispensary-sold cannabis in California is contaminated with these fungi. This crisis will continue to grow unless immediate legislative action is taken to mandate proper testing and sanitization protocols.

Our Pivotal Legislative Demands

We urge Your Government Body to Cooperate with the State of California to take the following actions:

1. 1. Enact Legislation for Irradiation Sanitization: Mandate irradiation sanitization of all cannabis products sold in the state until alternative controls for Pythium and Fusarium Rhizoctonia, and Alternaria are developed. This is a proven method already adopted in other states and is necessary to ensure product safety.
   2. Stop Sale of Pythium and Fusarium Contaminated Products: Issue an immediate stop-sale order for any cannabis products that originate from growing facilities identified as having Pythium or Fusarium contamination. Consumers must be protected from products grown in facilities known to be infected.
   3. Ban Cloning Practices Which Create Plane Immune Depletion Risk: Cloning weakens plant immune systems, making them more likely to get these fungal infections. We call for an immediate cessation of cloning in commercial cannabis cultivation until these pathogens are brought under control.
   4. Improve Testing Requirements to TYM (Total Yeast Mold) To Understand actual Fungal Assay of all Products (Remove limitations to test only certain Fungi): Update testing protocols to include specific tests for Pythium and Fusarium, employing sophisticated techniques such as Total Yeast Mold (TYM) tests. This will ensure that contaminated products are identified before they reach consumers.

Our Request For Immediate Accountability and Action

We value your keen attention to this urgent matter and urge you to act swiftly. Failure solving this contamination crisis will result in to make matters more complex legal consequences, as the State of California and its regulatory bodies will be contained within as defendants in the upcoming class action lawsuit. California has a responsibility to its citizens to ensure the safety of cannabis products. Your leadership is important in safeguarding the health of the public. The overview of legislation that addresses these concerns is not only necessary but urgent. We cannot allow the negligence of commercial growers and regulatory bodies to continue putting lives at risk.

Detailed Demand by The Class of Consumers who are seeking remediation:

“We have been Damaged by California Marijuana Brands ( as endowed freely to act without restraint by the Governing Bodies ), for knowingly endangering consumers with their products and lax testing and sanitation policies. We strongly urge the United States Government and the State of California to take immediate action. The health and safety of Californians are at stake. The longer this issue remains unaddressed, the more unsolved the consequences will be for human health, as hundreds of thousands of marijuana products are currently consumed daily. Please develop all-inclusive solutions to this fungus crisis in cannabis, such as requiring testing requirements for TYM, and safe irradiation practices for definitive products – solutions which are already in place for states like Colorado and countries like Canada. You can easily follow their lead and enact the proper safeguards and requirements for the marijuana industry to follow. Will you?

Thank you for your time and attention to this matter. We are giving you 45 days notice and trust that you will act to protect the citizens of California. Should you not, we then can only assume that you are attempting to collude with those who have already covered-up the spread of new fungal threats in current marijuana agricultural facilities, and should no recuperative action occur from your office, we may need to include you and your office named as those mentioned as conspirators to defraud the American consumer, at the cost of the american cosumer’s life and health. Please, act now to sanitize and test marijuana products properly, before sale. If no action is forthcoming within the next 45 days, we may include your office as a collaborator in the fraud to deceive and mislead American consumers about cannabis products’ health and safety. 

We hope you agree that it would be better to enact TYM testing and Irradiation sanitation regulations, and we’d like to create policies to find the marijuana industry itself liable for the issues, rather than have us hold your government office accountable as well. But do so we shall (the coalition of those consumers affected by the illness), if no immediate response for this new illness testing and sanitation is provided by your office. Please, by the possible within the government office and agency you show, make the needed change to California’s Cannabis testing and sanitation policies, and Recall unsanitary products deemed unsafe by the TYM testing model.

Please protect the American people, with your resolution of the new agricultural threat of Pythium, Aspergillus and Fusarium within consumer products.

Signed (collectively),

The class of plaintiffs whose health and life have been adversely affected by the above-mentioned product safety issues regarding new fungus in marijuana.

 

The “upcoming lawsuit” claims that government offices and the state of California were all complicit and aware of the risks posed by these new fungal contaminants like Pythium and Fusarium, but failed to act to prevent their spread.

The Lead plaintiffs who lost life and health so of the illness, will be seeking 1) compensation for the health damages caused, and 2) regulations for testing and sanitation, insisting upon stricter agricultural regulations to prevent to make matters more complex harm. This lawsuit marks a major step in holding the industry accountable for its negligence. Our hope is that the USDA, FDA, and Surgeon General, in cooperation with the State of California, and California’s Department of Cannabis Control will respond to our request for immediate action.

For more in-depth studies on fungal contamination and its effects on cannabis users, visit:

• • • Cannabis Smoke and C. albicans Growth | PMC
    • Fungal Infections in Cannabis Users | CDC
    • Fungi Contaminants in Cannabis | ASU News

• • Researchers Identify 4 Plant Pathogens Harming Cannabis For First Time | Cannabis Now

• • Nightmare Ooze on the Rise: UBC Okanagan

• • Grow Room Air Flow: The Forgotten Bud Stopper | Cannabis Business Times

Names of Brands / Companies Currently Selling Infected Products, where cursory growing facility inspection would give absolute clarity that the operation is lookthat's a sweet offer yes i'd love one affected significantly by Aspergillus, Pythium, and Fusarium fungus, without current record for remediative treatment, where the un-treated products are sold without warning to California consumers :

1. 1. Josh Wax
   2. K.U.S.H. Collective
   3. Project Moonwalk
   4. Cali Heights
   5. West Coast Cure
   6. Higher Ground Holdings
   7. Henry’s Original
   8. Jetty
   9. Binske
   10. Fig Farms
   11. Flora Tera
   12. Sparc
   13. Mary Mary
   14. Lime
   15. CLASSICS
   16. Retro Hits
   17. Circles Cannabis
   18. Cloud Cannabis
   19. CUREpen
   20. NHPR
   21. Flor
   22. Glass House Farms
   23. Almora
   24. Lowell
   25. Kush Creatures
   26. THC Design
   27. Backpackboyz
   28. BloomBox
   29. SOG Army
   30. ABX
   31. Pat’s Flower
   32. LAX PACKS
   33. Cali Kosher
   34. Canndescent
   35. Mary’s Medicinal
   36. C CREME
   37. 8 TRACK
   38. Tyson Undisputed
   39. Blem
   40. UpNorth
   41. JC Rad
   42. Passiflora
   43. Panda PEN
   44. Grizzly Peak
   45. Lowell BIG BUDS
   46. Roundtrip
   47. N Fuzed
   48. Gelato Orangeade
   49. Shark Bites
   50. Lil Leftys
   51. Cannalean
   52. Cann-branded beverages
   53. Mary Jones Soda
   54. 530 Grower
   55. Haute Sauce
   56. Claybourne Co.

Anecdata:

One plaintiff in the lawsuit described their experience:

“Since the summer of 2023, I have noticed a intrepid smell and bad aftertaste in every marijuana purchase. The leaves were darker, yellower, and I’ve been sick nonstop since. Despite the assurances from dispensaries that their products were ‘clean,’ I can honestly say this is a pandemic-scale infection that has affected every grower and dispensary.”

1. 1. “After smoking from a batch that had obvious root rot, I started having breathing problems almost immediately. It felt like my lungs were burning.” — Reddit
   2. “I smoked some contaminated buds, and within days I had chest congestion and a wheezy cough. I’m now on medication, but I had no idea root rot could be this harmful.” — 420 Magazine
   3. “The plants were infected with Fusarium, and even after drying and curing, the smell was off. I didn’t think it would cause health issues, but now I’m stuck with chronic sinus infections.” — Reddit
   4. “I smoked some flowers that had root rot. My doctor confirmed it was mold exposure. It’s scary how little we know about the effects of these fungal infections in cannabis.” — Facebook Group
   5. “We didn’t isolate the infected plants quickly enough, and everyone who used the flower came down with respiratory infections. Mold from root rot can easily harm people.” — Grasscity Forum
   6. “I had no idea root rot could cause this level of contamination. A few days after smoking, I noticed a constant tickle in my throat that wouldn’t go away.” — Reddit
   7. “My partner and I developed lung infections after smoking contaminated cannabis. Later, we learned the plants had been infected with Fusarium for weeks.” — 420 Magazine
   8. “After smoking infected weed, I had a cough for months. Turns out, I had inhaled mold spores from the root rot.” — Facebook Group
   9. “I’ve had ongoing respiratory problems since smoking cannabis from a grow with root rot. People don’t realize how dangerous this mold is.” — Reddit
   10. “Several friends developed infections after smoking flowers from the same stash. We later found out the plants were contaminated with root rot.” — Grasscity Forum

Citations:

1. 1. Indoor Cannabis Production: Root Rots and Damping-Off
      • Indoor Cannabis Production: Root Rots and Damping-Off
        This article outlines how Pythium and Fusarium affect cannabis production and the consequences for plant health.
   2. New Research Confirms Plant-Killing Black Root Rot in Marijuana Facility
      • New Research Confirms Plant-Killing Black Root Rot in Marijuana Facility
        Discusses the discovery of black root rot in cannabis facilities and its devastating impact on crops.
   3. A Disease Affecting Marijuana Crops Could Force Growers to Change Their Practices | NPR
      • A Disease Affecting Marijuana Crops Could Force Growers to Change Their Practices
        NPR coverage on how fungal diseases are impacting the cannabis industry, forcing changes in cultivation practices.
   4. Could Marijuana Make You Sick? Fungal Infections Raise Concerns
      • Could Marijuana Make You Sick? Fungal Infections Raise Concerns
        Article discussing how fungal infections in marijuana could pose serious health risks to consumers.
   5. 80 Percent Of Medical Marijuana Tested At Recent NorCal Conference Is Tainted With Mold, Other Toxins https://sfist.com/2017/08/31/80_percent_of_medical_marijuana_tes/
   6. Cannabis Recalls and Safety Notices – Department of Cannabis Control
      • Cannabis Recalls and Safety Notices
        This source provides details on recent cannabis recalls due to contamination concerns in California.
   7. Effect of Cannabis Smoke Condensate on C. albicans Growth and Biofilm Formation – PMC
      • Effect of Cannabis Smoke Condensate on C. albicans Growth and Biofilm Formation
        Research examining how cannabis smoke condensate affects the growth of fungal organisms, contributing to health issues.
   8. Cannabis Use and Fungal Infections in a Commercially Insured Population, United States, 2016 – CDC
      • Cannabis Use and Fungal Infections in a Commercially Insured Population
        A CDC study linking cannabis use to increased risks of fungal infections in the U.S. population.
   9. Study Finds Fungi Contaminants in Cannabis Pose Potential Health Risks | ASU News
      • Study Finds Fungi Contaminants in Cannabis Pose Potential Health Risks
        An ASU study on how fungi in cannabis can pose serious health risks to consumers.
   10. 80% of Medical Marijuana Tested in California Contaminated with Mold and Fungus
       • 80% of Medical Marijuana Tested in California Contaminated with Mold and Fungus
         Coverage on medical marijuana testing in California, revealing high contamination rates in cannabis products.
   11. Medical Marijuana Fungus Death at UC Davis Medical Center
       • Medical Marijuana Fungus Death at UC Davis Medical Center
         A report of a fatal case related to fungal contamination in medical marijuana at UC Davis.
   12. 3 Most Dangerous Cannabis Plant Pathogens – Medicinal Genomics
       • 3 Most Dangerous Cannabis Plant Pathogens
         An overview of the top pathogens threatening cannabis plants, including Fusarium and Pythium.
   13. Cannabis Use and Fungal Infections – Emerging Infectious Diseases Journal, CDC
       • Cannabis Use and Fungal Infections – CDC
         A CDC journal article discussing the links between cannabis use and fungal infections, with implications for public health.