This article was reprinted with permission from Crain’s Detroit Business.
Hazel Park, Michigan, marijuana processor Flavor Galaxy shuttered operations after reaching a deal with regulators over its alleged use of illicitly grown marijuana in its products.
But another year will go by before Flavor Galaxy’s owners exit the industry voluntarily as a business move as they reject the state’s claims.
The Michigan Cannabis Regulatory Agency’s deal includes the surrendering of two licenses held by the processor at 21015 John R Road in Hazel Park, according to a release by the agency.
The CRA alleges that Flavor Galaxy employees were adding marijuana product to pre-rolls after the product had been tested, meaning it could have been cutting its legal product with illicit product.
In total, the CRA estimates the processor sold 13,453 pre-rolls that were not being tracked in state’s monitoring system METRC. The site also had more product under certain SKUs than was listed in the system.
The CRA issued a recall in May last year on 1,098 infused marijuana pre-rolls made by Flavor Galaxy and sold at 20 retail locations across the state, including Quest Cannabis in Whitmore Lake and Planet 59 in Waterford.
But Flavor Galaxy’s attorney called the CRA “ruthless” in its targeting of Flavor Galaxy and its owners Hanna and Jacklin Shina; and that the surrendering of the company’s licenses was a business decision as it refutes the allegations.
“Flavor Galaxy made the decision to voluntarily close this license in lieu of a protracted legal battle solely for business reasons,” Denise Pollicello, attorney for the company and partner at Omnus Law, told Crain’s in a statement. “This was the company’s first compliance complaint containing primarily allegations of labeling and tracking errors, which the company refutes.”
There were no allegations regarding the quality of Flavor Galaxy’s products, the statement said.
“We are disappointed in the ruthless manner with which the CRA has chosen to publicize this matter, particularly in light of the collaborative nature with which we worked with them to resolve it, and it is unbecoming of a state regulatory agency use its platform and power to disparage and malign a licensee simply because they make the choice to settle a claim,” Pollicella’s statement said.
However, the Shinas also operate another processor, 1472 Processing LLC, less than two miles away at 1472 E. Mile Road in Hazel Park. That facility, which is only 380-square-feet smaller than the John R facility, is not linked to the company’s alleged misdeeds and can continue operating, according to the agreement reached by the CRA.
While the Shinas voluntarily agreed to not participate in the state’s legal industry as part of the agreement, the operators will be able to continue making Flavor Galaxy products from that location if they choose.
“Flavor Galaxy has an affiliated licensed facility with no compliance violations that will remain open and operating for at least the next year, as that license was recently renewed and is in good standing,” the company wrote in a statement from Pollicella. “We look forward to continuing to provide our popular, high-quality products to our valued Michigan customers.”
The CRA simply lacks the legal authority to remove that license or any license without a lengthy process or agreement with the operators.
In a previous legal spat with Mount Morris-based processor Sky Labs, an administrative law judge ruled the CRA does not have the legal authority under the state’s cannabis laws to suspend or revoke licenses until the administrative law process is completed unless there is an imminent and serious threat to public safety. The CRA has filed five complaints against Sky Labs since 2021 and the CRA has yet to reach a deal for the company to surrender its license.
The CRA declined to comment on the topic.
However, the state will not renew the license for Flavor Galaxy’s 1472 Processing company when it expires next year as part of the agreement.
Due to their lack of legal authority, state regulators are seeking to change the rules to root out bad actors, who many in the industry say are leading to the extensive product oversupply and basement low prices across the industry. The average cost of an ounce of adult-use marijuana in Michigan in February was a record low $65.21, down more than 29% year-over-year.
The price compression is starting to drown struggling growers. Last month, Bay County marijuana operator Pincanna temporarily shuttered 31,500-square-feet of its grow facility and laid off employees to mitigate losses. Chicago-based PharmaCann shuttered its 207,000-square-foot LivWell Michigan cultivation site in Warren, laying off 222, in January. And in November, Fluresh shuttered its $46 million, 105,000-square-foot grow facility in Adrian.
The new proposed rules by the CRA, which will hold a public hearing on the changes next month, are designed to strengthen the regulatory agency’s disciplinary actions, loosening limitations it has to enforce license suspensions, as well as close loopholes that allowed illicitly grown and often illegally imported marijuana products to infiltrate the legal market.