WORCESTER — A city marijuana dispensary that the state recently ordered not to sell any product that it was growing in its Bellingham cultivation facility because of pesticide use is seeking to overturn a state order.

Good Chemistry of Massachusetts, which runs a registered marijuana dispensary at 9 Harrison St., wants to overturn a cease and desist and quarantine order. In addition, it is seeking approval to use three organic pesticides that the company has been using at its Bellingham facility.

Matthew Huron, CEO and managing member of Good Chemistry, has asked state Department of Agriculture Commissioner John Lebeaux for an “expeditious” review and “favorable” approval of three Organic Materials Review Institute certified compounds for use within cannabis cultivation in the state.

He would like the state to approve the use of sulfur, pyrethrins and Reynoutria sachalinensis (giant knotweed extract), three organic pesticides that have been registered for other uses by the U.S. Environmental Protection Agency and have been approved for cannabis cultivation in Colorado, Nevada, Washington and Oregon.

Good Chemistry identified its use of the organic pesticides in its state application, which was approved in April. The state amended the regulations to prohibit any pesticides.

“Currently, EPA does not allow the use of a registered pesticide on marijuana or hemp,” according to a letter dated April 30 from Mr. Lebeaux, “Because of this, the use of pesticides on marijuana or hemp is prohibited in Massachusetts.”

According to the summary cease and desist and quarantine order issued Aug. 30 by the state Department of Public Health, Good Chemistry of Massachusetts was told to immediately cease and desist from the sale and /or distribution of any marijuana and quarantine and preserve within its facilities all marijuana.

Mr. Huron called the order “a governmental challenge to all cannabis cultivators across the State.”

“We take compliancy and transparency very seriously,” Mr. Huron insisted. “We assumed that the inspector at DPH was making a mistake based on the fact we were complying to each of the directives we’ve been given.”

Good Chemistry was given the cease and desist and quarantine order after a DPH inspection that determined marijuana cultivated and prepared by Good Chemistry could pose “an immediate or serious threat to the public’s health, safety or welfare.” Application of any pesticide not approved by the DPH in the cultivation of marijuana is prohibited. As a result, Good Chemistry is not selling any of the cannabis that they have grown or are growing at its Bellingham cultivation facility.

“The use of pesticides of any kind by a Registered Marijuana Dispensary in the cultivation of medical marijuana is prohibited under both Department of Public Health and Massachusetts Department of Agricultural Resources regulations,” Marybeth McCabe, a spokeswoman with the state Department of Public Health, said. “DPH does not condone the use of pesticides of any kind, including organic pesticides.”

On Sept. 5, the DPH granted Good Chemistry’s request to amend the cease and desist order to allow Good Chemistry to sell marijuana and marijuana-infused products from other registered marijuana dispensaries.

"The Department of Public Health has the discretion to amend or rescind their order to allow us to make the cannabis we’ve cultivated available to patients in the Worcester community," Mr. Huron said. "Patients have let us know that they really benefited from Good Chemistry’s wide selection of high quality cannabis strains, and they would like access to it again as soon as possible. We’ve asked the state to incorporate the research, analysis and experience that led other states like Colorado, Nevada, Washington and Oregon to determine that the use of these cultivation methods are best practices and helps create healthier, contaminant-free cannabis for patients and the industry as a whole."

According to the DPH, the original “Medical Use of Marijuana" regulations were drafted with the intent that no pesticide products were to be used in the cultivation of medical marijuana.

However, it was brought to the DPH’s attention that RMD applicants and RMDs interpreted the original language used in the regulation to mean that pesticides approved for use on organic produce could also be used on marijuana.

In response, DPH clarified that the use of any pesticide, including organic pesticide, by an RMD in the cultivation of medical marijuana is expressly prohibited. These amended regulations went into effect in December.

“During our application process for medical license, the state provided us a specific list of chemicals that are prohibited for the use by cannabis cultivators,” Mr. Huron said. “But, in addition to the list, the state marijuana regulators specifically tell cultivators they are required to ‘use best cultivation practices to limit contamination, including but not limited to mold, fungus, bacterial diseases, rot, pests, pesticides not approved by the Department, mildew, and any other contaminant identified as posing potential harm.'… In a letter, they sent with the final certificate of registration, DPH, specifically told us to adhere to the practices, policy and procedures that is described in the application material.”

Good Chemistry submitted its Management and Operations Profile (MOP), the part of the application in which an RMD describes its cultivation procedures, to the Department of Public Health before the updated regulations went into effect in December.

Inside, the MOP discusses the use of pyrethrins, which is the active ingredient in PyGanic, to control pests and disease, and the use of sulfur as a nutrient to help grow the plants.

On April 10, Good Chemistry’s application was approved by the Massachusetts Department of Public Health.

“DPH has not found or identified a specific health concern in any of the approved active ingredients in the organic compound that we used to cultivate cannabis,” Mr. Huron said. “To assure the health of our plants and to prevent the growth of mold and fungus in our cultivation, we incorporate USDA certified organic compounds that are approved for specific use on many common food crops in Massachusetts, as well as tobacco products.”

However, Good Chemistry received its Final Certificate of Registration (FCR) and began cultivating marijuana after the updated regulations went into effect, when the Department amended language to make it clear that the use of any pesticide in marijuana cultivation is not permitted, according to DPH.

As with any regulatory change, all RMDs are expected to update their policies and procedures as necessary to remain in compliance, DPH said.

The DPH said it has referred the matter to the state Department of Agricultural Resources, the state agency responsible for pesticide enforcement and regulation.

“The Massachusetts Department of Agricultural Resources is committed to ensuring that all pesticides used in the commonwealth undergo rigorous testing,” said Katie Gronendyke, an MDAR spokeswoman. “And as a result requires that all pesticides be registered with the federal Environmental Protection Agency before being considered for approved use.”

In regard to the Good Chemistry situation, Ms. Gronendyke said MDAR cannot comment on ongoing pesticide investigations.

Mr. Huron said the order has not only affected the business but it has affected its clients.

“Many of our patients rely on our medicine we grow specifically and we now are only allowed to sell third party product,” Mr. Huron explained. “We have been able to get limited supply of all cannabis products. However, it is very limited and our menu isn’t nearly as robust as it was prior to this notice from the DPH.”