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Michigan is building a cannabis testing lab — but needs a lame-duck vote to run it

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This story was republished with permission from Crain’s Detroit. 

Is the Michigan Cannabis Regulatory Agency’s long-awaited reference testing lab in trouble?

The lab, which has already been allocated $4.4 million in state funding to build and open in January, still requires a legislative change to the Michigan Regulation and Taxation of Marihuana Act to operate effectively.

That legislation requires a two-thirds vote at the Capitol to change the MRTMA language. And with only nine legislative sessions left in the lame duck, whether the bill that’s been sitting on the House floor since May will cross the finish line before January is in question.

At stake is whether the state can buy and transport marijuana being sold on retail shelves and test it for banned pesticides, and to confirm whether the product matches the label in regulators’ battle against illicit marijuana infiltrating the market and artificially depressing prices. 

Bill sponsor Rep. Tyrone Carter, D-Detroit, told Crain’s that he hopes House Bill 5529 can get to a floor vote before the year’s end.

“The money has been allocated already; the goal is to get it over the finish line,” Carter said in late November. “It’s not a Republican or Democrat issue … We need to jump in on what’s doable (before the end of the year) on both sides. If you look at what we’ve done on regulatory reform, we’ve been able to pass most of it out of committee with majority. Now we just need to get with their whip and see where we stand.”

The CRA “remains optimistic” the bill will pass by the end of the year, the agency said in a statement to Crain’s.

In April, the CRA named Claire Patterson, its longtime scientific manager, as director of the new lab. Construction is ongoing for the facility.

The state believes the new lab will boost regulators’ ability to stymie illicit products, audit private sector labs and optimize standard testing methodologies.

Regulators are on the hunt

Under state rules, marijuana growers are required to test 0.5% of a harvested batch of marijuana at an independent lab before it can be sold for consumer use. Batch sizes max out at 50 pounds under the regulations.

But not all batches of marijuana sold in the legal market are being tested, and CRA investigations have revealed a troubling pattern of alleged untested illicit product entering legal dispensaries.

The state has effectively accused dozens of companies of using illicit product, or at least accused them of being unable to identify where the marijuana originated. This includes complaints against Livonia-based Exclusive Brands, Chesaning-based One Love Labs and Hesperia-based HiCloud LLC.

At Exclusive Brands’ Ann Arbor location, CRA inspectors discovered more than 11 pounds of infused marijuana flower that was not accounted for in the state’s tracking system as well nearly 100 pounds of marijuana distillate that never went through testing.

The state’s legal market is being squeezed by product oversupply. The average price for an ounce of marijuana flower plummeted 21% year-to-date to just $73.99, a record low.

There were 3.56 million active plants being grown in Michigan in October, down from 3.77 million in September, but still up 73% year-over-year. The decline in active plants last month is likely due to the influx of product from “Croptober,” when operators harvest their seasonal outdoor grows for the market.

And that’s just the legal product being tracked by the state. Add in illicit product in the market and oversaturation can be devastating to margins.

Last month, Fluresh LLC announced it was closing its $46 million 105,000-square-foot grow facility in Adrian and laying off 46 employees. CEO Brandon Kanitz told Crain’s that his company needed $300 per pound to turn a profit at its Adrian cultivation site, but faced stiff competition from outdoor grows that were selling product as cheaply as $80 per pound. Fluresh was losing $500,000 a month on operations in Adrian.

“(The market) is unhealthy,” Kanitz said.

aerial photo of Fluresh LLC's grow facility in Adrian Michigan
Aerial photo of Fluresh LLC’s grow facility in Adrian Michigan.

Monitoring private labs

The audit lab, in theory, will also help the CRA monitor the accuracy of private labs.

In 2021, the CRA alleged that tests on 64,000 pounds of marijuana product vetted by Bay City-based Viridis North — the state’s largest testing lab business — contained “inaccurate and/or unreliable results” after spot-checking the product at a different lab. The value of the recalled product at the time was roughly $229 million. A judge later ordered the CRA to release much of the product back into the market.

But the recall sent the industry into a brief spiral as more than 400 retailers across the state had the product in question on their shelves. Viridis alleged the recall covered upward of 70% of marijuana product on store shelves for recreational use — and lawsuits ensued.

Lab would give regulators a leg up

By ridding illicit market weed from the legal market with a lab, the industry hopes prices will stabilize.

Currently, state regulators have been hamstrung by the testing process because it happens at the processor level, meaning tested product can be replaced with illicit market product after testing during packaging.

HB 5529 would authorize the state to purchase final product off retail shelves if it suspects the product did not originate from the legal market and transport that product to its testing lab in Lansing.

This would, effectively, give the state a leg up in the battle against illicit product.

“We need to give the state autonomy,” Rep. Carter said. “We need a place that is a central repository that can prove the products are safe. Consumers, vendors and anyone associated with the industry has that expectation.”



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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