in this state, another state, or the federal government, or is employed by a governmental unit of
this state. This subdivision does not apply to any of the following:
(i) An elected officer of or employee of a federally recognized Indian tribe.
(ii) An elected precinct delegate.
(iii) The spouse of a person who applies for a state license unless the spouse’s position creates
a conflict of interest or is within any of the following:
(A) The marijuana regulatory agency.
(B) A regulatory body of a governmental unit in this state, another state, or the federal
government that makes decisions regarding adult-use marijuana.
(e) The agency determines the municipality in which the applicant’s proposed marihuana
establishment will operate has adopted an ordinance that prohibits marihuana establishments or
that the proposed establishment is noncompliant with an ordinance consistent with section 6 of the
MRTMA, MCL 333.27956.
(f) The applicant will hold an ownership interest in both a marihuana safety compliance facility
or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a
marihuana retailer, or a marihuana microbusiness, or a class A marihuana microbusiness in
violation of section 9 of the MRTMA, MCL 333.27959.
(g) The applicant will hold an ownership interest in both a marihuana microbusiness or a class
A marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana
retailer, a marihuana safety compliance facility, or a marihuana secure transporter, in violation of
section 9 of the MRTMA, MCL 333.27959.
(h) The applicant will hold an ownership interest in more than 5 marihuana growers or in more
than 1 marihuana microbusiness or class A marihuana microbusiness, in violation of section 9 of
the MRTMA, MCL 333.27959.
(i) The applicant fails to meet other criteria established in these rules.
(3) In determining whether to grant a state license to an applicant, the agency may also consider
all of the following:
(a) Whether the applicant or anyone meeting the definition of applicant has a pattern of
convictions involving dishonesty, theft, or fraud that indicate the proposed marihuana
establishment is unlikely to be operated with honesty and integrity.
(b) Whether the applicant has been served with a complaint or other notice filed with any public
body regarding payment of any tax required under federal, state, or local law that has been
delinquent for 1 or more years.
(c) Whether the applicant has a history of noncompliance with any regulatory requirements, all
legal judgments, lawsuits, legal proceedings, charges, or government investigations, whether
initiated, pending, or concluded, against the applicant, that are related to business operations,
including, but not limited to, fraud, environmental, food safety, labor, employment, worker’s
compensation, discrimination, and tax laws and regulations, in this state or any other jurisdiction.
(d) Whether the applicant meets other standards in rules applicable to the state license category.
(4) The agency shall review all applications for state licenses and inform each applicant of the
agency’s decision.
(5) An applicant or licensee has a continuing duty to provide information requested by the agency
and to cooperate in any investigation, inquiry, or hearing conducted by the agency.
(6) A marihuana license is a revocable privilege granted by the agency and is not a property right.
Granting a marihuana license does not create or vest any right, title, franchise, or other property
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