A New York processor has filed another lawsuit against regulators, alleging retaliation after speaking out about regulatory violations in the state’s marijuana market.
Jenny Argie, owner of Jenny’s Baked at Home Company, claims the Office of Cannabis Management (OCM) used its authority to punish her following public statements about unlawful conduct in New York’s nascent market, the Times Union reported.
The lawsuit, filed Thursday in the state Court of Claims, details Argie’s interactions with OCM officials, including Damian Fagon, the office’s chief equity officer currently on administrative leave.
According to the complaint, Argie recorded a conversation with Fagon last August in which he allegedly acknowledged awareness of widespread regulatory violations but refused to take action. New York is a one-party consent state.
The lawsuit states Fagon told Argie, “If I enforce regulations on licensed operators, I would have to close down half of them.”
Argie’s concerns included mislabeled products and the sale of moldy cannabis despite officials’ awareness of these issues.
After Argie raised these issues publicly, including at a state Senate subcommittee hearing, the lawsuit alleges OCM took retaliatory actions. These included raiding a store selling her products and issuing a recall in December 2023, which Argie claims was the first such recall for a New York cannabis product.
The complaint alleges further retaliation, including an unannounced inspection of Argie’s facility in March, resulting in a stop-work order and product quarantine over the use of R134a, a chemical used in cannabis extraction. According to Syracuse.com, the OCM updated its guidelines for R134a on March 15 — the same day Argie was in court seeking relief from the shutdown — but didn’t notify businesses and labs about the change until weeks later.
Argie claims all of it has caused significant financial harm, with damages estimated at over $5.6 million.
“Because Ms. Argie had the courage to speak out concerning the failures of the Office of Cannabis Management and its executives to do their job, OCM defamed Jenny’s with a bogus recall, and subsequently shut down the company entirely for months,” Argie’s attorney, Dean DiPilato, told the outlet.
Overall, the OCM faces a plethora of lawsuits related to its licensing process. In March, Governor Kathy Hochul ordered a comprehensive review of the state’s licensing procedures, describing the adult-use rollout as “a disaster.” By May, an overhaul of the OCM was underway.
The controversy isn’t isolated, either. A survey reported by Syracuse.com showed that nearly 80% of licensed cultivators in the state feel the OCM and Cannabis Control Board should be audited by a third party. Over one-third of respondents said they wouldn’t report harm done to them out of fear of repercussions.
The OCM has not yet commented on the lawsuit. State officials have told outlets that the agency, under new leadership, is working to address operational gaps and fill vacant positions in key departments, according to Times Union.