Top state cannabis official Damian Fagon put on administrative leave following NY Cannabis Insider investigation

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A high level official at the Office of Cannabis Management was placed on administrative leave following a NY Cannabis Insider investigation about allegations of retaliation and selective enforcement on behalf of the state agency.

Damian Fagon, the OCMā€™s chief equity officer, was placed on leave last week, according to an agency spokesperson. The OCM has not yet issued a statement.

Fagon did not immediately respond to a request for comment.

Fagonā€™s departure follows a NY Cannabis Insider investigation about Jenny Argie, a Hudson Valley processor who was the subject of the first and only recall in the state.

The OCM issued the stateā€™s first recall in December after one of Argieā€™s products fell 1 milligram below its advertised THC level. In paperwork filed in court last week, Argie claims the recall was retaliation for leaking audio from a conversation with Fagon.

The contents of that conversation were published in November.

After running that story, Fagon yelled, cursed and singled out Argie by name in a call with a NY Cannabis Insider reporter.

ā€œI know it was Jenny,ā€ Fagon said at the time.

ā€œItā€™s bittersweet to receive the news that Mr. Fagon has been put on administrative leave,ā€ Argie told NY Cannabis Insider on Sunday. ā€œIā€™ve only ever asked for a fair playing field to allow small businesses, all social equity applicants and licensees the chance to innovate and shine.ā€

ā€œI hope those who have been in fear of speaking up, feel they have a voice now. I urge the OCM to work closely with the [Cannabis Control Board] and those of us trying to steer the New York cannabis industry toward a bright and equitable future,ā€ she said.

Argie sued the OCM last week to lift a stop-work-order, which had been placed on her facility earlier this month. The stop-work order came six days after NY Cannabis Insider reached out to the state agency for a comment regarding a three-month investigation into allegations of retaliation.

Argieā€™s products are currently quarantined and her facility shut down after a second enforcement effort targeted her business ā€“ā€“ pausing her cash flow, she said.

In court papers, Argie alleges the enforcement was a heavy-handed response to her going on the record about the December recall.

The processor, who is a cancer survivor and who has championed New York-focused businesses, will go out of business by the end of this month if the penalties are not lifted, she said.

ā€œFagon deserves the right of due process, and itā€™s my hope that through this we have all learned a valuable lesson,ā€ said Ruben Lindo, an entrepreneur and founder of multi-state cannabis brand Blak Mar Farms. ā€œThat itā€™s our inherent right as Americans to speak out to government and voice our disapproval of their actions as it affects everyone regardless of race and or creed.

ā€œUnfortunately, Jenny was not afforded the same,ā€ Lindo said.