The Dept. of Licensing and Regulatory Affairs released an advisory bulletin last week to inform and advise prospective medical marijuana licensees concerning the Bureau of Medical Marihuana Regulation’s intentions regarding the testing of marijuana and marijuana-infused products.

The bulletin is for advisory purposes only and is subject to change.

BMMR announced that there will be two points in the statewide monitoring system that licensees will be required to have the product tested: after harvest and after processing.

Harvested marijuana must pass state-required testing before it can be transported from a grower facility to either a processing facility or a provisioning center. Marijuana and marijuana-infused products must also be tested in their final state before they are transferred from a processor facility to a provisioning center. Licensees may choose to test their products at other times in addition to those required by the state.

Licensed safety compliance facilities will record the results in the statewide monitoring system. Once the results are entered, the grower or the processor that provided the sample will be able to view the results in the statewide monitoring system. Provisioning centers may only sell or transfer marijuana or marijuana-infused products to qualifying registered patients or registered primary caregivers after it has been tested and the state label required for retail sale has been affixed.

If a caregiver – under the 2008 Michigan Medical Marihuana Act – chooses to have his or her product tested by a licensed safety compliance facility, those results will not be recorded in the statewide monitoring system.

This bulletin does not constitute legal advice and is subject to change. It is intended to be advisory only, in anticipation of LARA’s promulgation of emergency rules consistent with statutory requirements. Potential licensees are encouraged to seek legal counsel to ensure their licensure applications and operations comply with the Medical Marihuana Facilities Licensing Act and associated administrative rules.