On October 1st, 2024, the Michigan Cannabis Regulatory Agency (“CRA”) will require cannabis vape cartridges to be tested to MCT (medium-chain triglyceride) oil. MCTs are naturally occurring fats found in coconut and palm oil, and MCT oil is typically naturally derived from one of these two types of oil. MCT is thought to have potential health benefits when consumed as food, though may have negative health effects when inhaled.
Prior to October 1st, CRA was conducting testing of various vaporizer cartridges and reaching out to licensees who tested positive for MCT oil, but without taking corrective action. Now, CRA will officially be requiring vaporizer products pass testing for MCT oil. This includes both vape cartridges as well as disposable pens but does not include other concentrates and “compound concentrate products” such as infused pre-rolls, caviar joints, etc. A product that tests positive for MCT oil cannot be remediated.
For many Michigan cannabis licensees, this is all too familiar of a situation. CRA enacted similar testing requirements for another distillate cutting agent—Vitamin E Acetate, after numerous news reports of Vitamin E Acetate causing negative health effects in consumers. However, unlike the Vitamin E Acetate testing, CRA announced this new testing requirement well in advance and alerted licensees who tested positive in advance of implementation.
MCT Oil in Terpenes
Michigan MRTMA and MMFLA processors who do not add MCT oil to their vapes may think they are in the clear and have nothing to worry about. This is likely most Michigan cannabis processors as use of MCT Oil is fairly rare—we are aware of only a handful of cannabis processors in Michigan who utilized MCT Oil prior to the new testing requirement.
But don’t be surprised if a product tests positive for MCT oil even if you don’t use it as an ingredient in your cartridges. That’s because it is often used in terpene mixes as it has many properties that make it ideal for terpene extraction as well as stabilizing and preserving the extracted terpenes. To make matters worse, we know of some terpene suppliers that utilize MCT oil in their botanical terpenes without actually listing it as an ingredient. Even more utilize MCT oil but at least list it as an ingredient to their terpene mix.
That means that as a Michigan cannabis processor, you have to carefully screen your terpene suppliers to ensure that they do not utilize MCT oil in their terpene mix. From our anecdotal experience, MCT Oil in terpenes is enough to cause failed tests for individual vaporizer cartridges. In at least one instance, there was enough MCT oil present in a terpene mix to test above CRA’s threshold where MCT oil was not actually listed as an ingredient in the terpene mix by the terpene manufacturer.
MCT Oil and Michigan Cannabis
CRA’s concern about MCT oil first came to light in the beginning of 2024. At the time, CRA claimed that there was a “citizen group” that was pushing this issue, though despite many references to this group by CRA and news articles, no group was ever identified. With that said, articles about MCT oil began appearing in Michigan publications around the same time that CRA started its own background testing for MCT oil, making clear that there was a coordinated effort to stop the use of MCT Oil in Michigan cannabis products.
CRA sited potentially safety concerns as the reason for testing for MCT oil. It seems like CRA is erring on the side of caution, as the research on vaping MCT is extremely limited as of the time of this article. Most studies that have looked at MCT have only looked at it as a food product, as its use as an inhalant is relatively recent.
With that said, having a regulatory agency take precautions to protect the Michigan consumers’ health and safety is exactly the sort of thing CRA should be doing. I think I can speak for most Michigan cannabis consumers in saying we would rather not be the guinea pigs in terms of testing the safety of MCT oil in vape products. Michigan appears to be ahead of the curve in banning the use of MCT oil, with very few states testing for MCT oil in cannabis products, Colorado being the most notable one to already do so.
Conclusion
Starting October 1st, 2024, Michigan was start testing vaporizers for MCT oil, similar to how it tests Vitamin E Acetate, and a failed test for MCT oil cannot be remediated. Unlike the Vitamin E Acetate testing, CRA has given Michigan cannabis licensees reasonable advanced warning about testing for MCT Oil. However, licensees should be careful here, as MCT Oil is present in my terpene mixes, even if its not listed as an ingredient. Thus, a Michigan licensee can fail for MCT Oil without having ever knowingly used it as an ingredient.For questions on Michigan cannabis laws, please contact the Cannabis Business Lawyers at Scott Roberts Law to schedule a legal consultation.
