September 15, 2018 Department of Licensing and Regulatory Affairs Bureau of Medical Marihuana Regulation Medical Marihuana Facility Licensing
[email protected] SENT VIA EMAIL ONLY Re: Public Comment – Testing: MICIL Suggested Amendments to Draft Rule Set, “2017-042 LR” Dear Sir or Madam, MICIL has a several suggested changes to the draft rule set, 2017-042 LR, submitted for Public Comment. Our suggestions, for your consideration: 1) Sampling MICIL recommends a maximum batch size of 10 lbs • MICIL recommends that LARA-BMMR implement a 10 lbs. maximum batch size, rather than the 15 lbs. set forth in §333.248(1)(b) of the draft permanent rules. o NOTE: the current “Safety Compliance Facility Information” document (updated August 29, 2018) lists a 10 lb. maximum batch size, so the draft permanent rules may be an oversight. • Industry medical experts recommend a batch size between 5-6 pounds. • Lower batch sizes may impose an undue financial testing burden on facilities, MICIL recommends a 10 lbs. maximum batch size. • It is important to note, however, that a larger batch size lowers the detection thresholds of certain assays. 1 • As a matter of public health and safety, it is in Michigan’s interest to implement a 10 lb. maximum batch size. 2) Pesticide Remediation MICIL recommends that LARA-BMMR adopt a narrow pesticide remediation protocol • MICIL recommends that LARA-BMMR enact a narrow remediation protocol for pesticide failure. • Under §333.246(3)(b), any sample that fails for pesticides must be destroyed. • MICIL recommends that LARA-BMMR take an approach similar to the State of Oregon.