What Can I Do with a Marijuana Product if it Fails Testing?

The Marijuana Regulatory Agency (MRA) released a technical bulletin on Friday, Nov. 15th to advise licensees on the process for dealing with a failed marijuana product(s). 

When a marijuana product fails testing, a licensee has two options for the failed product, according to Rule 46 (R 333.246) of the Administrative Rules under the Medical Marihuana Facilities Licensing Act (MMFLA), and Rule 44 of the Emergency Rules under the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

1. Restest

The product may be retested unless prohibited. 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 according 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. Microbials are tiny organisms, like bacteria or fungi, that exist naturally in soil. Microbials can be applied directly to a seed or sprayed directly on a plant.

For the batch to be eligible to be removed from quarantine and proceed to sale or transfer, the failed product must pass two separate retests. If one or both retests fail, the product is ineligible for sale or transfer and must be destroyed.

2. Remediate

Failed marijuana product may be remediated unless prohibited by rule. Remediation is a method in which one can reverse or stop any environmental damage of the product. 

Remediated product must pass testing to confirm that contaminants are no longer present exceeding the MRA action limit. Remediated flower (buds, shake/trim) will additionally require potency to be repeated post remediation. 

Failed marijuana product must pass two separate retests. If one or both retests fail, the product is ineligible for sale or transfer and must be destroyed.

Remediation Protocol

All remediation requests must be submitted to the agency on the form pictured below and will be approved in writing the agency. The agency is publishing the following remediation protocol, in accordance with Administrative Rule 46(4) (R 333.246) and Adult-Use Emergency Rule 44(4).

To request the required agency approval to remediate eligible marijuana products: 

1. The licensee must attach the completed “Request for Remediation” form to MRA-Compliance@michigan.gov.
2. The subject line must state “Request for Remediation Approval”
3. The licensee is not authorized to remediate product until written approval from the agency has been received.
   

Fresh Frozen Protocol

To request the required agency approval to transfer fresh frozen marijuana:

1. The licensee must attach the completed “Request for Fresh Frozen Approval” form to MRA-Compliance@michigan.gov.
2. The subject line must state “Request for Fresh Frozen Approval”
3. The licensee is not authorized to transfer product until written approval from the agency has been received.

MRA Disclaimer: *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.