CRA Reminds Licensees of Impending FDA Ban of FD&C Red No. 3 Color Additive

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February 18, 2025 – The CRA announced today that it is requiring licensee compliance by January 15, 2027 with the Food and Drug Administration’s recent January 15, 2025 announcement that authorization for the use of FD&C Red No. 3 in foods, supplements, and drugs has been revoked.

CRA licensed producers may be affected by the prohibition of Red No. 3, which is added to products to impart red coloring. Products such as candies, gummy base, powders, and capsules used by CRA licensed producers in edible marijuana products may currently contain Red No. 3.

Producers must work with their suppliers to source alternative color additives and ingredients to those containing Red No. 3. Producers currently incorporating Red No. 3, or an ingredient containing Red No. 3, into products should expect to change written product formulations and labeling to reflect the new ingredient(s) and color additive(s) utilized.

Food and supplement manufacturers must discontinue use of Red No. 3 in products by January 15, 2027, and drug manufacturers must discontinue their use by January 18, 2028.

As the CRA defines edible marijuana products as any product containing marijuana that is intended for human consumption in a manner other than inhalation, all edible marijuana products that currently contain Red No. 3 must be reformulated by the earliest compliance date of January 15, 2027. This includes items that may be offered in forms similar to traditional drugs, such as capsules or powders.

Licensees should note that producers may continue to find that their suppliers offer items containing Red No. 3, as the prohibition for traditional drugs containing the color additive is not in effect until 2028. Additionally, Red No. 3 may still be listed in the Food and Drug Administration’s Inactive Ingredient Search for Approved Drug Products until 2028.

Any questions for the CRA regarding the use of Red No. 3 color additive may be directed to CRA-Enforcement@michigan.gov.

Cannabis Regulatory Agency Announces Voluntary Vape Recall (BLOOM)

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February 11, 2025 – In the interest of public health and safety, Exhale Systems Inc (AU-P-0000495) of Detroit, in conjunction with the Cannabis Regulatory Agency, is conducting a voluntary recall of vapes offered for sale in the Michigan market.

Various flavors of BLOOM Classic and BLOOM Live brand vape cartridges contained Medium Chain Triglyceride Chain (MCT) oil and should not be consumed.

Exhale Systems Inc has identified sales locations that have this product in their inventory and are working with stores to retrieve and dispose of any recalled product in stock.

Sales locations have posted signs advising consumers to return this product to the sales location from which it was purchased or dispose of it.

The impacted products include the following strains: Alien Jack, Blue Dream, Cereal Milk, Champagne Kush, Durban Gelato, Face Off OG, Forbidden Fruit, Green Crack, Jack Herer, Maui Wowie, Pineapple Express, Pineapple Sherbert, Rainbow Runtz, Skywalker, White Widow.

Consumers who purchased these flavors of BLOOM vape cartridges any time after September 1, 2024 should check the recall bulletin. Consumers with a recalled vape should return it to the sales location from where it was purchased or dispose of it safely.

Consumers who have experienced adverse reactions after using these products should report their symptoms and product use to their healthcare providers. Consumers are encouraged to also report any adverse reactions to marijuana product to the CRA via the Adverse Reaction Form or by phone at 517-284-8599. A licensee who becomes aware of any adverse reactions to a marijuana product must notify the CRA and enter the information into METRC within one business day.

Update for Michigan Hemp Growers – Regulatory Transition

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Since the inception of Michigan’s Agricultural Hemp Pilot Program in 2019, the Michigan Department of Agriculture and Rural Development (MDARD) has overseen the regulation of hemp production in Michigan. However, over the past few years, the number of licensed hemp growers has significantly declined, from 631 in 2020 to just 34 in 2024. As a result, the program is no longer financially sustainable. In addition, MDARD’s continued investigation and enforcement efforts against farms intentionally growing marijuana under the guise of hemp adds to the time and expense of managing the program.

Legislation has been introduced to rescind Public Act 220 and shift the regulation of hemp cultivation from MDARD to U.S. Department of Agriculture (USDA). This is only a proposed change, and adjustments may be made as the process moves forward.

If the legislation passes, MDARD will work closely with USDA to ensure hemp growers have a smooth transition to the federal program.

Currently, some key differences in the USDA program include:

  • No license fee.
  • Licenses are valid for three years.
  • Growers must contract with USDA-certified sampling agents and private labs for THC testing.

For more details on the USDA hemp program and available resources, visit USDA Hemp Program and see the “For USDA Licensed Producers Only” section.

Depending on the status of the legislation, MDARD may delay mailing out renewal applications later than mid-December, which is when renewal applications are typically mailed. MDARD will continue to provide updated information as the legislative process unfolds.

Vote 2024!

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Happy Halloween 2024!

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Michigan Court of Appeals: “The issue before us is whether it is permissible to proscribe the use of marijuana as a condition of probation for nonmarijuana-related crimes. We conclude that it is.”

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COA (unpublished opinion) – Municipal clerk may not remove MRTMA ballot initiative after approving language

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CRA Announces Savings for Licensees on Monthly Statewide Monitoring Fees

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September 11, 2024 – Beginning in October, the Cannabis Regulatory Agency will use revenue generated from licensing fees to begin paying the monthly statewide monitoring fees that are currently paid by licensees.

“Recently, stakeholders in the marijuana industry made the argument that since the statewide monitoring system user fees were a required cost of regulation, they should be covered by the licensing fees they already pay,” said CRA Executive Director Brian Hanna. “We agreed and we’re pleased that this change has now been made official. Our mission statement is to establish Michigan as the national model for a regulatory program that stimulates business growth while preserving safe consumer access to cannabis. This is one more step in that direction.”

“Licensees are grateful that the CRA listened to us and worked with the legislature to make sure that the monthly Metrc fees will be paid for by the State of Michigan,” said Robin Schneider, executive director of the Michigan Cannabis Industry Association. “This arrangement is a more accurate reflection of the intention of the voters when they passed marijuana legalization here in Michigan.”

To maintain their access to the statewide monitoring system, licensees need to be sure their Metrc account is current and paid in full. The state payments to Metrc will begin at the start of the next fiscal year, October 1, 2024.