Remediation of Marijuana from Medical to Adult Use
On Dec. 12th, 2019, the Marijuana Regulatory Agency (MRA) released a technical bulletin outlining the remediation process of marijuana from medical to adult-use. In this bulletin, the agency mandates that a failed test sample must pass two separate retests consecutively to be eligible for sale or transfer. If both retests pass, the batch is out of quarantine and eligible for sale/transfer.
When is a failed marijuana product prohibited from being retested?
A failed marijuana product is prohibited from being retested in all the following circumstances:
- The marijuana product is in a final package.
- A final test for chemical residue failed pursuant to the Administrative Rules. If the amount of chemical residue or chemical residue active ingredient found is not permissible by the department, the marijuana product is ineligible for retesting and the product must be destroyed.
- A final failed test for microbials on marijuana-infused product is ineligible for retesting and the product must be destroyed.
Remediation protocol
Attached to this technical bulletin is the following remediation protocol in accordance with Administrative Rule 46(4) (R 333.246) and Adult-Use Emergency Rule 44(4) for use where retesting is permitted by the rules.
Usable Marijuana – flower, shake/trim from harvest
If marijuana flower submitted for testing by a medical use license was compliantly tested and resulted in a failure for total yeast and mold (>10,000 CFU/g), up to 50% of the package is eligible for transfer for remediation into the adult use market if all the following are met:
- The transfer requires written approval from the MRA.
- The transfer requires equivalent license transfer from the medical grower to the adult-use grower or from the medical processor to the adult-use processor.
Once the product has been transferred to the adult-use license, it may be either retested for total yeast and mold or remediated then retested for total yeast and mold. If the product does not pass two consecutive tests under the adult-use testing standards, the product shall be destroyed.
How do I get approved to remediate marijuana?
In order to request agency approval to remediate marijuana flower, the licensee must submit a written request to MRA-Compliance@michigan.gov. The subject line should state, “request for Med to AU remediation approval.”
The form to request approval can be found here. The email body must contain a note indicating the request to transfer the product from a medical to adult-use license.
The licensee is not authorized to remediate any product requiring departmental approval until written approval from the department is received.
*This technical bulletin does not constitute legal advice and is subject to change. It is intended to provide a technical clarification only to the Department of Licensing and Regulatory Affairs’ Administrative Rules. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act, the Michigan Regulation and Taxation of Marihuana Act and associated Administrative Rules.
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