Michigan Licensing Board Axes Cannabis Vaping Products From Caregivers At Licensed Shops

Michigan regulators have decided that caregivers of medical cannabis patients in Michigan will no longer be permitted to supply licensed companies with vape cartridges; a decision prompted by 2019’s outbreak of vaping-related lung injuries in the United States.

On March 21, 2019, the Medical Marihuana Licensing Board (MMLB) adopted the Resolution on Marijuana Product Access for Patients which, among other things, allowed registered primary caregivers of medical cannabis patients to supply vape cartridges to licensed shops.

On April 30, 2019, an Executive Order terminated the MMLB and transferred its powers, authorities, duties, functions, and responsibilities under the Medical Marihuana Facilities Licensing Act to the Marijuana Regulatory Agency (MRA).

On Thursday, the MRA released an advisory bulletin announcing the termination of the March 2019 Resolution, effective March 1, 2020.

The bulletin states that licensees must continue to notify the MRA within one business day of becoming aware of adverse reactions to a cannabis product that they have sold or transferred.

But while the new bulletin prohibits caregivers from supplying vape products to dispensaries, it does not ban them from selling cannabis flower, shake, or trim to shops, at least until an advisory bulletin is published that states otherwise.

Under the new bulletin’s guidelines, dispensary licensees may obtain flower, shake, or trim from caregivers only if it has been tested in full compliance with state law and administrative rules.

Licensees must then tag all products that have been transferred from a caregiver and enter them into the statewide monitoring system immediately upon receipt.

In order to sell products that were obtained from a caregiver prior to April 1, 2019, that have not been tested to determine their compliance with regulations, licensees must receive consent from the purchasing patient on a form provided by the MRA.

As of November 22, 2019, licensees have been required to test cannabis products intended for inhalation for the presence of Vitamin E acetate, which the Centers for Disease Control has linked to vaping-related lung injuries.