CRA Announces New Testing Requirement for MCT Oil

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June 27, 2024 – Today, Michigan’s Cannabis Regulatory Agency (CRA) issued a technical bulletin announcing that MCT (medium-chain triglyceride) oil will be added as a target analyte for marijuana vape cartridges as part of the Sampling and Testing Technical Guidance for Marijuana Products, effective October 1, 2024.

MCT oil, commonly derived from coconut or palm oil, is primarily used in oral supplements and food products. However, when aerosolized and inhaled, MCT oil may pose dangers to respiratory health. Inhalable marijuana products that fail testing for MCT oil cannot be remediated.

“From a public health and safety standpoint, the potential for adverse effects with MCT oil underscores the importance of safety guidelines for product development,” said CRA Executive Director Brian Hanna. “Michigan’s licensed marijuana businesses must prioritize respiratory safety when formulating or using inhalable products, opting for ingredients that have been thoroughly evaluated for their compatibility with lung health. I look forward to when our new state reference laboratory is up and running, advancing the health and safety of Michigan cannabis consumers with advanced testing for diluents.”

“Several of our retail members have been proactively pulling and testing their inventory to ensure the brands they showcase on their shelves do not contain MCT oil,” said Robin Schneider, executive director of the Michigan Cannabis Industry Association. “Moving forward, this testing will take place before the retailers purchase inventory from producers, easing the burden on retailers and ensuring that the products they sell are safe. Required testing for MCT oil will further protect cannabis customers from vape-related lung illnesses and is a win for both the industry and consumers.”

“I fully support the state’s decision to restrict the use of MCT oil in vape cartridges,” said MiNORML Executive Director Anqunette Sarfoh. “The health and safety of cannabis consumers must always be our top priority. Emerging evidence suggests that inhaling MCT oil can pose serious respiratory risks, and it’s imperative that we take proactive measures to prevent potential harm. By enforcing stricter regulations on vape product ingredients, Michigan is taking a significant step towards ensuring a safer cannabis industry for everyone and we commend the state’s commitment to protecting consumers.”

“I applaud the CRA’s decision to ban the use of MCT oil in all regulated vape cartridges,” said Anton Harb Jr., an Iraq combat veteran and founder of the Veteran Access Program in Michigan. “As the cannabis industry matures, so will the scientific and regulatory safety measures protecting it. This regulatory decision helps ensure the continued safety and well-being of all Michigan cannabis consumers.”

The CRA is committed to evidence-based decision-making when implementing technical guidance for licensed laboratories. As research into marijuana use, safety, and testing advances, the Sampling and Testing Technical Guidance for Marijuana Products may be revised and updated to reflect these changes.

Michigan CRA Issues Recall Bulletin and Product Advisory Bulletin

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May 15, 2024 – In the interest of public health and safety, the Cannabis Regulatory Agency (CRA) issued a recall bulletin for 1,098 units of infused pre-rolls produced by Flavor Galaxy LLC (license no. AU-P-000373), located at 21015 John R Road, Hazel Park, MI 48030.

In its investigation, the CRA discovered that Flavor Galaxy LLC did not submit certain infused pre-rolls for testing in their final form. The statewide monitoring system (Metrc) indicated that the infused pre-rolls only had safety compliance testing for raw marijuana flower and potency and were not tested after Flavor Galaxy LLC added cannabis distillate and/or terpenes to the product. Consumers who purchased a Flavor Galaxy LLC produced infused pre-roll (with AU-P-000373 on the package label) between November 25, 2023, and May 6, 2024, should check the recall bulletin to determine if the product is subject to recall.

In addition, the CRA issued a product advisory bulletin alerting marijuana consumers to marijuana products that were not properly tracked in the statewide monitoring system (Metrc) by Flavor Galaxy LLC. In its investigation, the CRA reviewed Metrc and discovered that Flavor Galaxy LLC added marijuana product to numerous packages of pre-rolls after the packages had been sampled by a licensed laboratory for compliance testing. Metrc information also showed that Flavor Galaxy LLC added marijuana product to numerous packages of vape cartridges after the packages had been sampled by a licensed laboratory for compliance testing. A link to the Metrc tag numbers for affected products can be found in the product advisory bulletin.

Marijuana consumers who have experienced adverse reactions after using these products should report their symptoms and product use to their health care provider. 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. For more information about the CRA, please visit www.michigan.gov/CRA.

Cannabis Regulatory Agency Issues Reminder Regarding Illegal Sales of Marijuana in Michigan

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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.

“[T]he law is clear.” Michigan Supreme Court denies leave to appeal in 1,100 plant cannabis grow operation case

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CRA Warns of Specific Scam Targeted at Michigan Licensed Cannabis Businesses

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The Cannabis Regulatory Agency (CRA) is issuing this bulletin to notify licensed marijuana businesses about recent fraudulent activity in the cannabis industry.

This week, the CRA was informed by a CRA-licensed business that they were contacted by an individual claiming to work for the CRA and asking for immediate payment of licensing fees under the threat of license revocation.

The CRA reminds licensees that all communications from the CRA will come through Accela or from a Michigan.gov email address and that the CRA will not call licensees to collect payment of fees. In addition, the CRA reminds licensees that the CRA does not accept alternative payment methods such as Bitcoin.

Licensees are encouraged to have their staff verify the validity of a call or text with a manager or owner before processing any payments to an individual claiming to be from the CRA. Licensees and applicants are reminded that the administrative rules require they notify the CRA and local law enforcement within 24 hours of becoming aware – or within 24 hours of when they should have been aware – of the theft or loss of any product or criminal activity at the marijuana business.

Incidents of fraudulent activity or attempted fraudulent activity that coincide with the above themes should be reported to the CRA using the online reporting form process and should be reported to local law enforcement. Questions can be sent to the Cannabis Regulatory Agency Field Operations Section at CRA-CSS@michigan.gov.

FY25 Budget Recommendation – elimination of monthly Metrc subscription fee

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LANSING, MI – February 16, 2024: Cannabis Regulatory Agency (CRA) Executive Director Brian Hanna applauded Governor Gretchen Whitmer’s Fiscal Year (FY) 2025 Executive Budget Recommendation, which includes additional support for the agency’s initiatives.

This year’s budget is balanced, fiscally responsible, does not raise taxes on Michiganders, and contains support for key CRA initiatives, including:

  • Eliminating the monthly subscription fees that licensees currently pay to access the statewide monitoring system
  • Increased support to combat illicit activity in the cannabis market
  • Improved enforcement efforts and workload management within the Licensing Division
  • Reducing wait times for fire safety inspections

“We are excited to continue moving forward with support for our key initiatives, which stakeholders have indicated are important for a thriving and growing cannabis market,” said Hanna. “By removing the burden and cost of the monthly subscription to the statewide monitoring system, the CRA is investing in the stability and long-term success of the legal market. Increased support for combating illicit activity, improving enforcement efforts, and increasing safety with fire inspections will help us continue to support our state’s licensed businesses.”

“We applaud Governor Whitmer for putting forward a comprehensive budget for our program that will address a number of urgent requests from our members,” said Robin Schneider, executive director of the Michigan Cannabis Industry Association (MiCIA). “The budget contains several important allocations that will increase safety, reduce businesses’ regulatory costs, and increase profitability for law abiding operators by increasing enforcement against illicit activity in our market. As we work toward the continued improvement of our industry, we appreciate the Michigan Cannabis Regulatory Agency’s willingness to listen to our concerns and take action to address them.”

CRA Issues $212,000 Fine and 30-Day Suspension of Vassar Licensee

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January 25, 2024 – Today, the Cannabis Regulatory Agency (CRA) issued a $212,000 fine and a 30-day suspension of 664 Vassar, LLC, dba Premier Provisioning Center #2, located at 664 State Rd., Vassar, Michigan 48768.

664 Vassar, LLC’s license shall be suspended from Saturday, February 3, 2024 through Sunday, March 3, 2024.

On April 21, 2022, the CRA visited 664 Vassar, LLC to conduct a compliance check and found the following at its facility:

  • Several clear totes containing expired marijuana products including distillate carts, medicated syrup, gummies, and chocolates stored in the “bathroom area” located upstairs in the northern most east backroom. This product was not under video surveillance.
  • 15 separate strains of individually bagged untagged flower in a large black garbage bag located in the upstairs central storage area. This product was not under video surveillance.
  • Untagged “House wax” in individual 1-gram jars and 1-ounce sheets. This product was not under video surveillance.
  • Approximately 38 jars of house wax on the sales floor and several sheets of house wax on the sales floor. Both products, although in different forms, contained the same statewide monitoring system (Metrc) tag number.
  • Chemicals – specifically, Round Up pesticide – stored on the landing area leading to the upstairs where marijuana product is stored.
  • Several hundred small, 1-gram jars of caregiver “house wax,” a marijuana product, stored in cardboard boxes.
  • Untagged medicated syrup called ‘Chill Medicated,” a marijuana product.

On April 22, 2022, the CRA requested video surveillance footage from all camera views for the past 30 days. 664 Vassar, LLC provided the requested footage on May 10, 2022 but the video footage would not play completely and did not show how the abovementioned products entered the facility. 664 Vassar, LLC was unable to provide a working copy of 30 days of video surveillance footage as requested by the CRA.

Further details can be found in the related formal complaints and consent orders:

Adult-Use Consent Order and Stipulation

Adult-Use Amended First Superseding Formal Complaint

Medical Consent Order and Stipulation

Medical First Superseding Formal Complaint

664 Vassar, LLC must comply with the following within 40 days:

  • Provide updated standard operating procedures (SOPs) for the following: the statewide monitoring system (Metrc), sales and transfers of marijuana and marijuana product, video surveillance system, storage of marijuana and marijuana products, and storage of chemicals and solvents. 664 Vassar, LLC must correct any deficiencies identified by the CRA within 30 days of receipt of the deficiency notice unless agreed upon by the CRA in writing.
  • 664 Vassar, LLC must train all managers and employees on the updated SOPs, and provide a document, signed by a manager, with the names and positions of all managers and employees trained, dates of completion for each; and provide a written training agenda, and copies of all training materials.

664 Vassar, LLC must comply with the following terms within 160 days:

  • 664 Vassar, LLC must schedule a date to destroy all of the untagged marijuana and marijuana product at issue in paragraph 6.b. in the amended first superseding formal complaint in the presence of a CRA staff member and provide video surveillance proof demonstrating compliant destruction.
  • 664 Vassar, LLC must conduct an inventory audit and provide a report to the CRA demonstrating that its physical inventory matches inventory in Metrc and explaining any discrepancies.

CRA Administrative Rules Correction: National Poison Control Hotline phone number UPDATE

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An error in the Cannabis Regulatory Agency’s administrative rules has been corrected.

Old/incorrect:

• 504(4) “National Poison Control Center Hotline 1-800-222-1212,”

New/correct:

• 504(4) “National Poison Control Center Hotline 1-800-222-1222,”

A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana

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In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Marijuana), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code).  As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employment, housing, and educational opportunities.  Through this proclamation, consistent with the grant of Proclamation 10467, I am pardoning additional individuals who may continue to experience the unnecessary collateral consequences of a conviction for simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana.  Therefore, acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation, committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of:

(1)  section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provisions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana;

(2)  section 48-904.01(d)(1) of the D.C. Code and previous provisions in the D.C. Code that prohibited simple possession of marijuana;

(3)  section 48-904.09 of the D.C. Code and previous provisions in the D.C. Code that prohibited attempted simple possession of marijuana; and

(4)  provisions in the Code of Federal Regulations, including as enforced under the United States Code, that prohibit only the simple possession or use of marijuana on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102-74.400(a); 43 C.F.R. 8365.1-4(b)(2); and 50 C.F.R. 27.82(b)(2).
My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in paragraphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations consistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled substances or activity beyond simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana.  This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense.

Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon Attorney, shall review all properly submitted applications for certificates of pardon and shall issue such certificates of pardon to eligible applicants in due course.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth.

JOSEPH R. BIDEN JR.