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Michigan bans coconut oil in cannabis vapes

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This story was republished with permission from Crain’s Detroit and written by Dustin Walsh

The Michigan Cannabis Regulatory Agency is moving to ban a potentially dangerous oil from use in the state’s cannabis industry.

On Oct. 1, the agency will require testing for medium-chain triglyceride, or MCT oil, on all inhalation products, such as vape pens, after growing evidence suggests the oil may pose health risks when vaporized or aerosolized into the lungs.

MCT oil is most commonly made from coconut oil, and, to a lesser extent, palm kernel oil — both of which are approved for consumption by the U.S. Food and Drug Administration. But new research shows smoking the oils could have adverse effects on lung function, much like Vitamin E acetate, a previous diluting agent the industry was using prior the state banning it in 2019.

“From a public health and safety standpoint, the potential for adverse effects with MCT oil underscore the importance of adherence to safety guidelines in product development,” said CRA Executive Director Brian Hanna, in a statement. “Companies participating in Michigan’s cannabis industry must prioritize respiratory safety when formulating or using inhalable products, opting for ingredients that have been thoroughly evaluated for their compatibility with lung health. I look forward to when our new state reference laboratory is up and running, advancing the health and safety of Michigan cannabis consumers with advanced testing for diluents.”

Michigan follows other cannabis legal states, like Colorado, in banning the use of MCT in distillates for vapes and other inhalable products.

Jonathan Kane, chief scientific officer for Lansing-based processor Lion Labs, said competitors use MCT oil in their distillate to increase margins by lowering the amount of distillate, which is created by dissolving expensively grown cannabis.

“Producers who use MCT oil in their products are essentially creating more oil by combining this non-cannabis additive to distillate, which drives their overall cost down resulting in greater profit.”

The move from the state’s regulatory body comes amid growing concern raised by one of the state’s cannabis testing labs, Infinite Chemical Analysis Labs in Ann Arbor. Josh Swider, CEO of the California-based lab company, has been making noise in the industry for months; alleging many of the state’s top vape pen makers were using MCT oil to “thin” or dilute the cannabis oil to boost their profit margins.

“Studies show you should not be inhaling MCT oil,” Swider told Crain’s. “it’s a public safety issue. As a scientist I came into this industry because I believe in cannabis and public safety is why I am here. Safety testing facilities in Michigan work for the public and not the brands because they are the gatekeepers of the safety of the public. We have been working on this project for two years and no one has taken action. I truly think the public has the right to know what they are putting their bodies through.”

Under rules set forth by the CRA, cannabis companies are required to list the ingredients, including MCT oil, on their packaging but most did not.

Swider’s company has tested more than 120 vape pens that were purchased off of stores shelves by three different organizations in the industry to determine whether some of the best-selling products contained MCT oil. Those organizations, two of which are operators in the industry, asked not to be named. Infinite Chemical ran new tests on the products at Crain’s request earlier this month.

Of the 14 samples from Mt. Morris-based Sky Labs performed by Infinite Labs, two of them tested positive for containing MCT oil.

Denise Pollicella, attorney for Sky Labs, insists Sky Labs did not know their products contained MCT oil because the processor does not cultivate cannabis, but buys cannabis distillate for its vape brand Bossy from other cultivators.

“What I can tell you is that Sky Labs does not produce its own oil, so the distillate containing MCT oil was not produced by Sky Labs and it would have been sourced from elsewhere,” Pollicella wrote in an email to Crain’s. “I am honestly much less concerned about products manufactured in a licensed and regulated facility than I am about all of the out-of-state hemp derived CBD and THCA crap that is on party store and gas station shelves right now.  That stuff is full of pesticides and who knows what else and is not regulated or tested in any way.”

Sky Labs has been on the outs with the state’s regulators before. In July last year, the CRA issued a recall of Sky Labs’ Flight brand vapes for failing compliance testing and potentially using illicit market product. In lab testing, Sky Labs’ recalled vape cartridge concentrates were determined to contain chemical residue of several banned substances, including the insecticide bifenthri and the fungicide myclobutanil. In a negotiated settlement, Sky Labs surrendered its medical marijuana processing license and was fined $100,000.

But Sky Labs isn’t alone, several other processors failed MCT oil testing performed by Infinite Chemical, including Chicago-based, publicly-traded multistate operator Cresco Labs Inc., West Bloomfield-based Pure X, MKX Oil Co., Michigan Investments 10’s Muha Meds brand and a handful of other smaller brands.

None of the other operators responded to inquiries by Crain’s about the use of MCT oil.

Some of the operators are among the top selling vape brands in the state, according to data from cannabis market research firm Headset.

MKX Oil, for instance, sold nearly $14.7 million in vape pens in 2024 through the middle of June, according to headset. Muha Meds sold nearly $8 million worth of vapes. Bossy has only sold $1.64 million.

But those vape brands retail well below the state average price of $18.25 per vape cartridge. Sky Labs’ Bossy brand average $7.44 per cartridge, for instance.

“When you see a gram vape pen for $6, those are the vapes that tend to show up in testing more,” Swider said.



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Massachusetts regulators order single-lab testing to combat cannabis lab shopping

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Massachusetts regulators will require cannabis businesses to use a single laboratory for all compliance testing in an effort to prevent companies from shopping around for favorable test results.

The state’s Cannabis Control Commission voted 3-0 to require licensed businesses submit testing samples to one independent laboratory starting April 1, 2025, according to an administrative order advanced Thursday. The new rule is meant to close loopholes that some say have allowed companies to shop around for labs to juice their numbers for market share.

“This administrative order continues our mission of being a strong regulator,” Acting Executive Director Debbie Hilton-Creek said in a statement.

Under current rules, companies can split testing among multiple labs. The practice has led some facilities to report suspiciously high THC levels or overlook contamination to attract business.

The commission’s enforcement team said the changes would reduce risks of noncompliant products reaching consumers and improve audit capabilities. The move follows a November listening session in which testing concerns were raised, according to the announcement.

If an original testing lab needs to subcontract work, they must first obtain commission approval and demonstrate they are “incapable of performing certain required tests due to a hardship.” Labs also can only subcontract with one other facility at a time.

“The commission shall only approve subcontracting agreements when the Originating Independent Testing Laboratory is incapable of performing certain required tests due to a hardship relative to its facilities, instrumentation, personnel, or required consumable materials or in the event of an actual or potential conflict of interest,” according to the order.

Results must be uploaded to the state’s tracking system within 72 hours, with all certificates of analysis containing the complete testing results, including any subcontracted work, it said.

The commission will also begin publishing THC test results on its public data platform and establishing regular meetings with licensed laboratories to improve oversight.

The commission thus far has struggled to implement effective testing oversight. Earlier this year, the agency contracted with a private lab for a “secret shopper” program to verify retail products’ test results, Green Market Report previously reported. Unlike other major cannabis markets such as California and Colorado, Massachusetts lacks a state reference lab to independently verify commercial lab results.

Analysis of testing data by MCR Labs found that across multiple states, laboratories reporting higher THC concentrations tend to increase their market share while those reporting average failure rates lose business, according to Chemical & Engineering News.



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Cansortium completes merger with RIV Capital, plans to scale up in New York

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Florida-based Cansortium (CSE: TIUM.U) (OTCQB: CNTMF), which does business as Fluent, has finalized its megamerger with New York-based RIV Capital, (CSE: RIV) (OTC: CNPOF), creating a new multistate operator that has a footprint in four states with 42 operational dispensaries.

The move gives Cansortium immediate access to New York, one of the fastest-growing legal marijuana markets in the nation, along with its existing portfolio of cannabis shops and grows in its home state, Pennsylvania and Texas. The company now owns eight total cultivation and processing facilities, which it said in a press release would allow it to bolster the Fluent brand even more going forward.

The company reportedly has $33 million in the bank with which to finance further acquisitions, it said in a Thursday announcement.

Another major winner in the deal is Scotts Miracle-Gro, which has a sizable stake in RIV Capital through its subsidiary The Hawthorne Collective. Existing shares will be converted into 1.245 shares of the newly formed Fluent, eliminating $160 million in company debt.

Shareholders of Cansortium will own 51.25% of the new Fluent, while shareholders of RIV Capital will own 48.75%, the company said. The company will continue trading under Cansortium’s existing ticker symbols on the Canadian Securities Exchange and the Over-The-Counter markets.

Cansortium CEO Robert Beasley will continue to lead the new company, and RIV Capital interim CEO David Vautrin will serve as the new company’s chief commercial officer.

Beasley said in the release that Fluent intends to scale up wholesale operations in New York to boost its Moods brand of marijuana products and “gain additional shelf space in dispensaries across the state,” which he said has “immense potential.”

The merger could prove key to the long-term prospects for both Cansortium and RIV Capital. Cansortium posted an $11.7 million net loss for the third quarter of 2024, and RIV Capital reported a $63.4 million net loss for the same period.

“Looking ahead, we remain focused on sustainable, long-term growth and will continue to drive efficiencies across all areas of the business to achieve our profitability and cash generation goals,” Beasley said.



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The Daily Hit: December 19, 2024

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News from: US Farm Bill, Fluent Cannabis, Massachusetts and more.

The Daily Hit is a recap of the top financial news stories for Thursday, December 19, 2024.

On the Site

Farm Bill extension leaves hemp industry rules intact for now, including intoxicating products

The farm bill extension would run through March 2025.

Read more here.

Cansortium completes merger with RIV Capital, plans to scale up in New York

Scotts Miracle-Gro, which is a major investor in RIV, also benefits from the deal.

Read more here.

Massachusetts regulators order single-lab testing to combat cannabis lab shopping

The rule change follows growing evidence of inconsistent testing practices in the state’s $7 billion cannabis industry.

Read more here.

Nine New York social equity retailers ask to join lawsuit halting cannabis licensing for 3rd time

A court filing argued that the group of CAURDs are in danger of bankruptcy if the injunction is not removed soon.

Read more here.

In Other News

Greenway Greenhouse Cannabis Corp.

Greenway Greenhouse Cannabis Corp. entered into an asset purchase agreement to acquire all of Choice Growers’ consumer packaged goods brands, SKUs and listings of the brands, trademarks, goodwill and other associated intellectual property. This acquisition encompasses all of Choice Growers’ brands, including Grapefruit God Bud (also known as Grape God), The Jeffrey, Watermelon Pebbles, Pink Lemonade, Duke Nukem, Tangerine Dream and Blackberry Cheesecake.

Read more here.

Innocan Pharma Corp.

Innocan Pharma Corp. intends to complete a non-brokered private placement of up to 3.5 million units of the company at a price of C$0.20 per unit for gross proceeds up to C$700,000 plus 15% overallotment options. The offering is expected to close on or around Dec. 31.

Read more here.



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