The Marijuana Regulatory Agency advisory to Cannabis businesses of common issues

The Marijuana Regulatory Agency is advising marijuana businesses of common issues regarding retesting/testing status, labeling requirements, and strain specificity (mixing strains).

Labeling

All businesses should review the marijuana product label before accepting it into their inventory. In the event that the labeling is incorrect, the provisioning center/retailer should reject the package and request that the grower/processor label the products compliantly. If the provisioning center/retailer mistakenly accepts a package that is not compliantly labeled, the originating facility must relabel the product.

The labeling must follow Rule 4(1) in the Marihuana Sale or Transfer – R 420.504

The label must include but is not limited to the Date of Harvest (flower), testing facility, test date, originating facility, packaging facility if different that the originating facility, tag, strain name, warning labels, Net weight in United States customary and metric units, universal symbol for marijuana, activation time, and Concentration of Tetrahydrocannabinol (THC) and cannabidiol (CBD) as reported by the laboratory after potency testing along with a statement that the actual value my vary from the reported value by 10%.

Edibles are also required to follow Rule 3(7) Marihuana-Infused Products and Edible Marihuana Product – R 420.403(7).

All labels must be affixed to the physical product and the full Metrc ID must be visible. Marijuana products must be labeled, such as sniff jars, product in display cases, etc.

THC levels must be accurate and represent the actual tested THC level. THC levels cannot be a rounded number or projected target number. Labels for edibles should accurately identify the serving size. It is also good practice to ensure the packages have dosing instructions.

Retesting/Testing Status

The promulgation of the administrative rules on June 22, 2020 permits retesting and remediation of failed product. This allows licensees to maintain more product within the market and limits the need for product destruction. However, there has been some confusion regarding how Metrc tracks and records results for products that failed initial compliance testing. When a safety compliance facility enters subsequent results, Metrc will not default to the most current test but rather requires a verification by the MRA to override the initial, failing results. This is a safety measure that the MRA uses to ensure products have undergone the necessary tests whenever product is remediated or retested. Licensees should be familiar with this information and recognize that anytime a product is submitted for retesting, the results will not be updated within Metrc immediately upon entry, but will have to complete the approval process before the they are updated.

Mixing Strains

Licensed growers are permitted to submit requests for extraction to bypass the sampling and testing requirement of harvest batches if they intend to convert the plant material into extracted material. Products manufactured from the extraction process are required to be tested in final state and testing in various production stages is encouraged, but not required. Extraction is also permitted as a form of remediation for failed product.

The only time mixed marijuana strains are permitted is under an approved extraction request process.

Marijuana strains must be labeled with the harvest batch, testing date, and results. Mixing of strains for any flower (bud, shake, trim) would not allow proper labeling and is in violation of the administrative rules.

Mixing strains and calling it “house shake” is not permitted. If flower is mixed or when creating pre-rolls, all products must be harvest batch, strain, and testing date specific. Licensees may not mix strains even if they are strain specific as it needs to meet all the labeling requirements. Labeling requirements can be found in Rule 4(1) in the Marihuana Sale or Transfer – R 420.504

See Document Here

MRA Documents

• MRTMA_Eligibility
• Designated_Consumption_Establishments
• Marihuana-Infused_Products Maximum_THC_limits
• Testing_Requirements_for_Production_Products and_Package_RFIDTags
• Agency_Banned_Chemical_Active_Ingredients
• Agency_Approved_Active_Ingredients_for_Growers
• Common_Issues_11-4-2020
• Temporary_Marijuana_Events
• Application_for_Licensure_on_March_1_2021
• Social_Equity_Plans_9-9-2020

MRA Advisory Bulletins – Adult-Use/Recreational Marijuana

• Marihuana Licenses – Designated Consumption Establishment 
• Marihuana Licenses – MRTMA Application Process 3-1-2021 
• Marihuana Licenses – MRTMA Eligibility 
• Marihuana Licenses – Temporary Marijuana Events 
• Marihuana Licenses – Social Equity Plan 
• Marihuana Licensees – Intellectual Property – Brands and Recipes 
• Marihuana Operations – Clarification on Use of Term Dispensary 
• Marihuana Operations – Equivalent License Transfer 
• Marihuana Operations – Facility Reporting Requirements for Hazardous Materials 
• Marihuana Operations – Important Health and Safety Reminders for Licensed Marihuana Businesses 
• Marihuana Operations – Marijuana Sales Locations Delivery Procedures 
• Marihuana Operations – Metrc System is Unavailable 
• Marihuana Operations – THCA Crystals_Diamonds 
• Marihuana Sampling and Testing – Testing Points 
• Marihuana-Infused Products and Edible Marihuana Product – Edible Marijuana Products 
• Marihuana-Infused Products and Edible Marihuana Product – Homogeneity Requirements for Processors 
• Marihuana-Infused Products and Edible Marihuana Product – Processor Reminders 

MRA Advisory Bulletins – Medical Marijuana Facilities Licensing

• Marihuana Licenses – Local and State Fees 
• Marihuana Licenses – MMFLA Regulatory Assessments FY 2020 
• Marihuana Licenses – MMFLA Regulatory Assessments FY 2021 
• Marihuana Licenses – MMFLA Restrictions for Patients and Caregivers 
• Marihuana Licenses – Registered Caregivers/Patients Transition to Facility Licensee/Employee 
• Marihuana Licensees – Employee Background Checks – Pending Charges and Convictions 
• Marihuana Licensees – Intellectual Property – Brands and Recipes 
• Marihuana Licensees – Product Access for Patients 
• Marihuana Operations – Clarification on Use of Term Dispensary 
• Marihuana Operations – Common Metrc Discrepancies and Corrective Actions 
• Marihuana Operations – Facility Reporting Requirements for Hazardous Materials 
• Marihuana Operations – Fire-Rated Separations 
• Marihuana Operations – Important Health and Safety Reminders for Licensed Marihuana Businesses 
• Marihuana Operations – Marijuana Sales Locations Delivery Procedures 
• Marihuana Operations – Metrc Patient Status Lookup Unavailable 
• Marihuana Operations – Metrc System is Unavailable 
• Marihuana Operations – THCA Crystals_Diamonds 
• Marihuana Sampling and Testing – Testing Points 
• Marihuana-Infused Products and Edible Marihuana Product – Edible Marijuana Products 
• Marihuana-Infused Products and Edible Marihuana Product – Homogeneity Requirements for Processors 
• Marihuana-Infused Products and Edible Marihuana Product – Processor Reminders 
• Marihuana Sale or Transfer – Visiting Qualifying Patients Out of State 
• MMFLA – Annual Financial Statement FY 2020 
• MMFLA – Guidance on the Phase-Out Process Ending External Transfers to the Regulated Market 

MRA Advisory Bulletins – Adult-Use/Recreational Marijuana

• Marihuana Licenses – Designated Consumption Establishment 
• Marihuana Licenses – MRTMA Application Process 3-1-2021 
• Marihuana Licenses – MRTMA Eligibility 
• Marihuana Licenses – Temporary Marijuana Events 
• Marihuana Licenses – Social Equity Plan 
• Marihuana Licensees – Intellectual Property – Brands and Recipes 
• Marihuana Operations – Clarification on Use of Term Dispensary 
• Marihuana Operations – Equivalent License Transfer 
• Marihuana Operations – Facility Reporting Requirements for Hazardous Materials 
• Marihuana Operations – Important Health and Safety Reminders for Licensed Marihuana Businesses 
• Marihuana Operations – Marijuana Sales Locations Delivery Procedures 
• Marihuana Operations – Metrc System is Unavailable 
• Marihuana Operations – THCA Crystals_Diamonds 
• Marihuana Sampling and Testing – Testing Points 
• Marihuana-Infused Products and Edible Marihuana Product – Edible Marijuana Products 
• Marihuana-Infused Products and Edible Marihuana Product – Homogeneity Requirements for Processors 
• Marihuana-Infused Products and Edible Marihuana Product – Processor Reminders 

Technical Bulletins

• Field Operations – Prelicensure Checklist 
• Field Operations – 7 Day Post Licensure Checklist 
• Field Operations – Semi-Annual Checklist 
• Laboratory Inspection Checklists 
• Marihuana Operations – Agency Approved Active Ingredients for Growers 
• Marihuana Operations – Agency Banned Chemical Active Ingredients 
• Marihuana Operations – Testing Requirements for Production Products and Package RFID Tags 
• Marihuana Sampling and Testing – Approval Process for Non-Traditional Transfers 
• Marihuana Sampling and Testing – Retesting and Remediation 
• Marihuana Sampling and Testing- Technical Guidance for Marijuana Products 
• Marihuana Sampling and Testing – Vitamin E Acetate Required for All Vape Products 
• Marihuana-Infused Products and Edible Marihuana Product – Allowable Potency Variance in Packaging of Marijuana-infused Products 
• Marihuana-Infused Products and Edible Marihuana Product – Maximum THC limits 
• Marihuana-Infused Products and Edible Marihuana Product -Records of Formulation for Marijuana Products Intended for Inhalation 

Other Resources

• DIFS Memo Regarding Financial Services to the Marijuana Industry 
• Grower Gas Detection System and Fumigation – 9-30-19 
• Guidance for CPA’s Providing Services to the Medical Marijuana Industry – 11-13-19 
• Learn About Ways to Raise Capital – 1-17-20 
• Marijuana Plan Review Checklist – 10-25-2019 
• Michigan Department of Environment, Great Lakes, and Energy (EGLE)-Marijuana Air Quality Guidance Document – 8-21-19 
• Michigan Department of Treasury: Notice to Taxpayers Regarding the Michigan Regulation and Taxation of Marihuana Act – Updated 4-22-2019 
• MIOSHA Medical Marijuana Industry Fact Sheet – 6-12-19 
• Processor Gas Detection System – 4-10-18 
• Protecting Water Resources When Growing and Processing Marijuana -11-21-18 
• Solid Waste and Hazardous Waste Regulations For Growing and Processing Marijuana – 5-8-19 

Questions can be sent to the Marijuana Regulatory Agency Operations Support Section via email at MRA-Compliance@michigan.gov

For more information about the Marijuana Regulatory Agency, please visit www.michigan.gov/MRA