CRA Publishes Michigan’s Marijuana Industry Voluntary and Involuntary Exclusion Lists

/0 Comments/in /by

In order to promote continued transparency with Michigan’s cannabis industry stakeholders, the Cannabis Regulatory Agency (CRA) has created and made public the marijuana industry voluntary and involuntary lists. These lists are now available on the CRA website and include individuals excluded from participating in the licensed marijuana industry in Michigan.

Individuals may be excluded from employment at, or participation in, a marijuana business and added to the involuntary exclusion list pursuant to the administrative rules. Individuals may voluntarily exclude themselves from employment at, or participating in a marijuana business, by signing a Consent Order and Stipulation (COS) to resolve disciplinary action the CRA has initiated against them.

It is vital that licensees screen prospective employees, supplemental applicants, and owners against the exclusion lists as they are prohibited from employing excluded individuals or allowing them to be supplemental applicants on a license.

Michigan’s marijuana industry exclusion lists – both voluntary and involuntary – can be found on the CRA website under the Disciplinary Actions page.

CRA issues fine and suspends Detroit Provisioning Center license for 30 days

/0 Comments/in /by

October 10, 2022 – The Cannabis Regulatory Agency (CRA) ordered today a 30-day suspension of the medical marijuana provisioning center facility license held by The House of Mary Jane – located at 19154 James Couzens, Detroit, MI 48235.  In addition to the suspension, the order requires the payment of a $75,000 fine. The license suspension begins 10 days after the effective date of the order.

Representatives of The House of Mary Jane (“Respondent”) recently signed a consent order, allowing the CRA to treat the following allegations as true for the purposes of resolving the formal complaint:

  • The CRA conducted an unannounced compliance visit at the licensed provisioning center and observed multiple bags, backpacks, and duffle bags of suspected marijuana products that did not have the tracking identification numbers assigned by the statewide monitoring system (METRC) attached.
  • Respondent was advised not to sell or destroy the untagged products until the investigation was completed and until guidance was given by the CRA. The CRA also requested that Respondent provide 30 days of video surveillance coverage required by administrative rule. Respondent failed to provide the 30 days of video surveillance as requested by the CRA.
  • The CRA returned to the provisioning center facility and inquired about the untagged marijuana products; Respondent then claimed to have destroyed the remaining untagged marijuana products. Video surveillance recordings of the product destruction were requested but not provided by Respondent.

“The Cannabis Regulatory Agency has a legal responsibility to protect the health, safety, and welfare of the public,” said CRA spokesman David Harns. “Our licensees must follow all of the rules and laws that govern the cannabis industry. Untagged marijuana products and the inability to provide video footage is simply unacceptable.”

CRA Guidance for Tinctures

/0 Comments/in , , , /by

Tinctures are not defined in either the Medical Marihuana Facility Facilities Licensing Act (MMFLA) or the Michigan Regulation and Taxation of Marihuana Act (MRTMA). When a term is not specifically defined in statute, the Cannabis Regulatory Agency (CRA) uses the plain meaning of the term as defined in the dictionary. As a result, CRA policy has been that a product labeled as being a tincture must contain alcohol.

The CRA recently reviewed products produced and sold by several licensees that are labeled and sold as tinctures. The products appeared to be non-compliant because they were labeled as a tincture but contained no alcohol and exceeded the allowable THC limit of 100 mg per container in the adult-use market.

The CRA has been notifying licensees that the sale of these products is a violation. In response, many licensees have expressed concern about the lack of a clarifying statutory definition, common industry practice in other states, and residual solvent compliance testing for tinctures.

To address these concerns until a long-term solution can be implemented, the CRA will allow licensees to make the necessary changes to packaging, labeling, formulations, and recipes, and take no disciplinary action against licensees regarding product that is currently available for sale or transfer for 60 days from the date of this bulletin (August 30, 2022).

For more help navigating Michigan’s cannabis laws and rules, be sure to reach out to Michigan Cannabis Lawyers at (517) 512-8364.