December 14, 2023 – On November 14, 2023, the Cannabis Regulatory Agency issued a consent order and stipulation, resolving the formal complaint that had been issued on March 31, 2023, against the medical marijuana provisioning center license PC-000254 of Clark Street Investment Group Inc. dba The Reef, located at 6640 E. 8 Mile Road, Detroit, Michigan 48234.

Clark Street Investment Group Inc. dba The Reef and Anthony Czuchra are permanently prohibited from applying for or otherwise seeking any new marijuana business license in the State of Michigan; exercising managerial control over a such a business; or otherwise meeting the criteria to be deemed an applicant, supplemental applicant, or otherwise subject to a background investigation of any such business.

In addition, Clark Street Investment Group Inc. dba The Reef and Mr. Czuchra are permanently prohibited from obtaining any new ownership interest in a licensed marijuana business in the State of Michigan. Mr. Czuchra is permanently prohibited from being employed or working in any capacity at a licensed marijuana business in the State of Michigan, including but not limited to, performing the functions of a regular or managerial employee, rendering any services as an independent contractor, or rendering any services via another party.

The following lapsed or closed licenses held by Clark Street Investment Group Inc. dba The Reef and Anthony Czuchra, will not be renewed, reinstated, reissued, or reactivated, limited or otherwise, at any future date: PC-000254, GR-C-0001040, GR-C-0001041, GR-C-0001021.

On October 13, 2022, the CRA received a complaint alleging Clark Street Investment Group Inc. dba The Reef was selling marijuana product to individuals without a medical marijuana card. On November 29th, CRA investigators made an unannounced site visit to the provisioning center.

The factual allegations are detailed in the formal complaint and resulted in 14 counts of violated administrative rules in the following categories:

• Licensees may sell or transfer marijuana to a registered qualifying patient or registered primary caregiver only after it has been tested and bears the label required for retail sale.
• Licensees must accurately identify, enter, and track all transactions, current inventory, and other information into the statewide monitoring system as required.
• Licensees must not have marijuana products that are not identified and recorded in the statewide monitoring system, nor without a batch number or identification tag or label.
• Marijuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form.
• Licensees must securely lock the marijuana business.
• Licensees must ensure the video surveillance system records any areas where marijuana products are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the marijuana business.
• Marijuana products sold or transferred must be clearly labeled with the tracking identification numbers assigned by the statewide monitoring system affixed, tagged, or labeled and recorded, and any other information required. Before a marijuana product is sold or transferred, the container, bag, or product holding the marijuana product must be sealed and labeled with all of the required information.
• Licensees may not advertise a marijuana product in a way that is deceptive, false, or misleading, or make any deceptive, false, or misleading assertions or statements on any marijuana product, sign, or document provided.
• Licensees must ensure that employees handle marijuana product in compliance with Current Good Manufacturing Practice, Hazard Analysis, and Risk Based Preventative Controls for Human Food, 21 CFR part 1107.
• Consumption of food and beverages by employees or visitors is prohibited where marijuana product is stored, processed, or packaged or where hazardous materials are used, handled, or stored.

Clark Street Investment Group Inc. dba The Reef and Anthony Czuchra have been added to Michigan’s marijuana industry exclusion lists, which are available online and include individuals excluded from participating in the licensed marijuana industry in Michigan.

Licensees must screen prospective employees, supplemental applicants, and owners against the exclusion list as they are prohibited from employing excluded individuals or allowing them to be supplemental applicants on a license.

Today, the Cannabis Regulatory Agency (CRA) summarily suspended the medical and adult-use marijuana processor licenses of Michigan Investments 10, Inc., located at 772 E. Pinconning Rd., Pinconning, Michigan. The CRA determined that the safety or health of patrons or employees is jeopardized by Michigan Investments 10’s continued operation and that the public health, safety, or welfare requires emergency action.

Michigan Investments 10 currently holds a medical processor license (PR-000165) under the Medical Marihuana Facilities Licensing Act (MMFLA), and an adult-use marijuana processor license (AU-P-000171) under the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Following an investigation, the CRA determined that both businesses violated numerous administrative rules under the MRTMA and MMFLA.

The CRA discovered the alleged violations after the agency conducted onsite inspections and reviews of statewide monitoring system (Metrc) data. The CRA’s investigation revealed that the businesses incorrectly entered data in Metrc, failed to properly track large quantities of product in Metrc, had product that was missing Metrc tags and could not be traced to the legal market, and could not physically locate numerous products that were in their Metrc inventory.

The CRA’s complaints also allege that Michigan Investments 10 failed to follow proper sampling and testing procedures. Specifically, the CRA alleges that the businesses failed to produce proper quantities of product for sampling to be tested and failed to properly enter test results into Metrc. Further, product that was tested at different stages showed inconsistent results. The manager of the adult-use business admitted the business used product that failed testing to “circumvent testing” requirements.

While on-site, CRA agents observed that the businesses did not have properly locked and secured doors and that video surveillance was not fully functioning or located in the correct areas. Additionally, the CRA determined that the businesses were not properly monitoring waste areas and failed to provide standard operating procedures for waste upon request.

Further details can be found in formal complaints the CRA issued today against the adult-use license and the medical license.

The CRA also issued a public health and safety bulletin regarding the affected marijuana products in conjunction with the formal complaints and summary suspension orders. The affected products are marketed under the brand “Muha Meds” and consist of vape cartridges, infused pre-rolls, and gummies.

Michigan cannabis sales rose 6.0% in June from the longer May to a record $260.8 million. On a per-day basis, sales grew 8.8%. The growth of 39.2% from a year ago was up from the 31.9% level last month:

The Michigan Cannabis Regulatory Agency breaks out sales by medical and adult-use, with medical sales falling 69.1% from a year ago to $6.6 million, down 5.8% sequentially, and adult-use sales expanding 53.2% year-over-year to $254.2 million, up 6.4% sequentially:

The state breaks out sales by category and provides pricing detail by category, for both medical and adult-use:

MEDICAL/MMFLA CANNABIS SALES

ADULT USE CANNABIS SALES

As supply continues to expand, flower pricing for adult-use has seen a dramatic decline. In May, the average price of $1428 per pound fell sequentially, losing 1.5% and falling 27.1% from a year ago:

Michigan cannabis sales expanded 82.1% in 2021 to $1.79 billion and were up 27.9% in 2022 at $2.29 billion. So far in 2023, sales have grown 38.5% compared to the first six months of 2022. The program should continue to expand ahead as supply becomes more available and as distribution expands.

In consultation with the Department of Attorney General and the Department of Treasury, the Cannabis Regulatory Agency (CRA) has revised the Confirmation of Tax Compliance Attestation (Treasury Attestation) for initial and renewal applications. The medical and adult-use treasury attestations have been revised and updated on the website. This revision is intended to align the application process with the statutory and administrative rule requirements, specifically, whether the applicant is delinquent in the payment of any tax required under federal, state, or local law for one or more years. Effective with today’s notification, applicants and licensees that submit the Treasury Attestation to the CRA are required to utilize the updated form as part of the application process. Failure to utilize the correct form will result in a notice of deficiency being sent and a delay in the timely processing of the application.

Additionally, the instruction booklets for the medical and adult-use applications have been updated to be consistent with the revised treasury attestations. Please note, the CRA has inserted into the instruction booklets additional guidance received from the Department of Treasury regarding how a delinquency is defined. This will impact how the attestation will be completed by the Department of Treasury and subsequently how the CRA will utilize the completed form when making licensing determinations consistent with the statute and administrative rules.

Please see the Department of Treasury guidance below:

To assist in the completion of this attestation, please note that the Department of Treasury defines delinquency as follows:

1. For underpaid or no remittance tax returns, a taxpayer is considered “delinquent” in the payment of the required tax if the amount due indicated on the return has not been paid in full by the due date of the return.
2. For post-return adjustments made by Treasury such as adjustments made when the return is processed, or as part of the audit process, a taxpayer is considered “delinquent” in the payment of the tax deficiency on the date that Treasury issues an assessment (Final Bill for Taxes Due) with respect to the determined deficiency.
3. For “failure to file” situations, the taxpayer is considered “delinquent” in the payment of the tax at issue beginning on the day following the due date of the return that was required, but was not filed.

For questions or concerns regarding the updated Treasury Attestation please reach out to the CRA via email: CRA-AdultUseLicensing@michigan.gov. For questions or concerns regarding the status of your account with Treasury and any potential delinquency, please reach out to the Department of Treasury via email: Treas-MI-Marihuana-Tax@michigan.gov