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).
The product may be retested unless prohibited. A failed marijuana product is prohibited from being retested in all the following circumstances:
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.
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.
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:
To request the required agency approval to transfer fresh frozen marijuana:
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.
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