April 23, 2024 – Today, Michigan’s Cannabis Regulatory Agency (CRA) reminded licensees and businesses of their roles and responsibilities regarding the selling of cannabis in Michigan.

Under state law, THC is defined to include THCA and marijuana, generally, is defined as cannabis in any form with a THC concentration greater than 0.3%. Therefore, cannabis in any form with a concentration of THC (including THCA) greater than 0.3% is, by definition, marijuana. Under the Medical Marihuana Facilities Licensing Act (MMFLA), marijuana and industrial hemp have the same meaning as defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

If law enforcement identifies an unlicensed business selling cannabis in any form with a concentration of THC (including THCA) greater than 0.3%, they can seize the product and the offenders may be subject to criminal charges.

“A person not licensed under the MRTMA or MMFLA who sells marijuana or possesses marijuana in quantities greater than allowed by statute is in violation of state law and the CRA will refer potential criminal complaints to the Michigan State Police,” said CRA Executive Director Brian Hanna. “We work shoulder to shoulder with law enforcement to ensure the health and safety of cannabis consumers in Michigan.”

“The Marijuana and Tobacco Investigation Section of the Michigan State Police is a key strategic partner of the CRA, and we are committed to investigating retailers who would offer for sale marijuana products and derivatives in violation of state law,” stated D/F/Lt. Thomas Kish, commander of the MSP Marijuana and Tobacco Investigation Section. “Further, both the MSP and CRA share health and safety concerns for consumers participating in Michigan’s licensed adult-use market and we will work diligently to do what we can to ensure these products meet all regulatory standards for safety.”

If members of the public witness businesses selling any cannabis in any form with a concentration of THC (including THCA) greater than 0.3%, without a license, or if employees suspect that their employer is selling cannabis in any form with a concentration of THC (including THCA) greater than 0.3%, without a license, they are encouraged to reach out to local law enforcement, the Michigan State Police, or the Cannabis Regulatory Agency.