Licensed Dispensaries Selling Moldy Weed?
For months, PSI labs has been retesting weed from the licensed stores and discovered many samples with mold contamination. Ben Rosman, CEO of PSI labs, shared this with the State Marijuana Regulatory Agency.
“You want safe, quality product on the shelves,” Rosman said. He recommended that dispensaries let consumers know about the possibility of mold on their cannabis, and how to report a complaint, similar to the MRA rules for caregiver pot that was originally used to supply the industry
In a response to questions from the Detroit Free Press a spokesperson from the MRA explained: “There is no product recall at this time... As always, any consumer should report any adverse reaction to any marijuana product to the retail location and/or the MRA.”
Ben Rosman responded to our questions:
Why did you collect samples of products sold in licensed facilities and retest them?
There has been an ongoing debate amongst the state’s licensed testing labs about appropriate testing methodology for total yeast and mold. At PSI Labs, we’ve been using the traditional plating technique since 2015.
We initially tried to validate the qPCR method for total yeast and mold, because it promised faster and more accurate results than traditional plating techniques. After a number of in-house studies, we were unable to validate the method. In short, flower that failed using on the plate passed using qPCR.
As consumers, we were interested if this meant that there was flower on the shelves that exceeded the state’s action limits - so we conducted a number of “secret shopper” studies.
What can you tell us about the results of the research?
As we suspected, we found that there was cannabis product on provisioning center shelves (adult use & medical) with total yeast and mold in excess of the state’s action limit (up to 100x over).
When you provided this info to the MRA how did they respond?
MRA has a difficult job of gathering information from a LOT of different stakeholders with vastly different positions and interests. They had to attempt to make the best decision possible, knowing it had significant impacts on people’s businesses. They don’t take this lightly and because of this, they took action steps to both audit product on provisioning center shelves and follow the preliminary results of the AOAC study.
Do you feel confident that licensed facilities are committed to safety?
While we can’t speak to the commitments of other facilities, we know that there is a lot of room for growth in this industry when it comes to developing and following valid scientific methods. We have to follow the science, and as is the case in so many industries, not everyone is capable and not everyone has the best intentions.
How has PSI labs been impacted as a result of this research that is committed to consumer safety?
We have always used a valid method, so there is no operational impact to our business. As an industry, we believe the AOAC results will help elevate the testing requirements and conversation around science in the industry as a whole and at a national scale.
MRA has yet to issue an advisory to any retail location of how to advise consumers about the mold problem.
Anti-Caregiver Ordinances Begin in Shelby Township
This new trick works by making it so permits are no longer granted for electrical upgrades greater than the standard 200 amps on a residential property. “We’ve already experienced progress as we’ve denied people coming to the building department seeking these enhancements to the electrical system,” the words of township lawyer Rob Huth, “With Building Director Tim Wood overseeing it, the ordinances are working.” Also included are limitations to an individual’s access to lighting and other resources required for cultivation.
Shelby Township Supervisor Rick Stathakis bluntly stated, “We know that there are state laws that allow such activities, and there is nothing we can do about that. What we can and will do is make sure those activities do not infringe on the rights and property of our neighbors. Just because someone in your neighborhood chooses to engage in this nonsense, it should not make your life more difficult or your home less desirable.”
Any grow operations 72 plants or larger must move out of residential areas and into those zoned for industrial use. “...a state Supreme Court case said, ‘look municipalities, if you want to take some action against residential grow operations, give these individuals somewhere else to grow.’ So the township board did. Now we require these 72-plant operations move out of our neighborhoods and into our industrial districts.”
MRA Encourages Tribes to Enter Partnerships
In December 2020 Michigan Marijuana Regulatory Agency Directory Andrew Briso, in online interviews and podcasts, stated that the MRA was encouraging the tribes to partner with pre-existing licensed cannabis businesses via the MRA. The deal allows the tribes to take the role of the municipality, with the MRA regulating and taxing. The partnered marijuana business would operate on tribal land, and pay the tribe for use of the space.
Lume Cannabis Company, with an estimated annual revenue of $13.6 million, has already entered into such a deal with the Sault Ste. Marie Tribe of Chippewa Indians. Lume plans ten stores across the Upper Peninsula, it’s initial location opened January 15th. 2021, in Sault Ste. Marie.
In response to tribes like Bay Mills keeping their sovereignty and regulating their own market, Director Brisbo suggests a legislative change that would grant the MRA the authority to enter into intergovernmental agreements. This would allow the MRA to negotiate with tribes over control of regulatory requirements and business to business operations with the state licensed market.
