Owner of Whitehorse butcher shop found guilty of selling THC-tainted jerky
CBC
A former Whitehorse butcher was found guilty of one count under territorial law for unlicensed sale or distribution of cannabis after selling THC-tainted jerky in 2020 to clueless customers.
The verdict came Tuesday while John Pauch, who owned Off The Hook Meatworks, appeared via telephone.
Judge John Phelps, in his decision, pointed to the fact Pauch went ahead with exploring the production of cannabis jerky despite claiming he had no knowledge regarding the process of making such a product, and a lack of safety and hygiene protocols put in place to avoid cross-contamination.
Pauch was charged in 2021 for allegedly selling or distributing cannabis without a licence under the territorial Cannabis Control and Regulations Act.
The charge came after four people went to the emergency room between Dec. 25 and 29, 2020, at Whitehorse's hospital after eating Off the Hook's jerky and experiencing cannabis-related symptoms.
Hospital tests revealed the patients had THC, the psychoactive compound in cannabis, in their systems.
Upon investigation, police found 33 people — including seven children and two infants — in the Yukon, Alberta and Nova Scotia who had also experienced mild to severe "symptoms of cannabis intoxication" after eating Off the Hook jerky.
The trial suggested that a batch of THC-infused jerky was intentionally made at Off The Hook in late 2020, but that product was intended to be a test — not to be sold to the public.
Phelps said on Tuesday his decision was based upon the discrepancy between the testimonies of Pauch and two witnesses — Joel Pauch, Pauch's son, and Terry Badcock who both worked at Off The Hook.
Joel testified he had explored the possibility of creating a cannabis jerky business with his father and uncle after he had successfully made a recipe of cannabis jerky at home. He also testified that it was a "collective idea" to make a test batch at Off The Hook to see if it would work on bigger batches.
Phelps, however, pointed to the fact the father testified that "Joel Pauch never told him that he researched a recipe in the cannabis jerky successfully at home, and that [Joel] Pauch never shared the recipe or process with him on how to make it."
Phelps said some aspects of Pauch's testimony were "problematic" including the explanation for how the batch came to be sold to customers and how much the owner knew.
Badcock, who was responsible for making the jerky, testified he received $250 to make a batch of THC-tained jerky — contradicting Joel who said he never paid for the test batch.
Badcock said he immediately cleaned the equipment afterward and placed the product in the shop cooler. He said the bag was gone when he returned to make regular jerky the following week.