clipping, tissue culture, or seedling, and that is in a growing or cultivating medium or in a
growing or cultivating container.
(i) “Industrial hemp” means that term as defined in section 3 of the Michigan regulation and
taxation of marihuana act, 2018 IL 1, MCL 333.27953.
(j) “Industrial hemp research and development act” means the industrial hemp research and
development act, 2014 PA 547, MCL 286.841 to 286.859.
(k) “Intellectual property” means all original data, findings, or other products of the mind or
intellect commonly associated with claims, interests, and rights that are protected under trade
secret, patent, trademark, copyright, or unfair competition law and includes brands or recipes.
(l) “Licensing agreement” means any understanding or contract concerning the licensing of
intellectual property related to marihuana products between a licensee and another party.
(m) “Management agreement” means any understanding or contract between a licensee and
another party for the provision of management or other services that would allow the other party
to exercise control over or participate in the management of the licensee or to receive more than
10% of the gross or net profit from the licensee during any full or partial calendar or fiscal year.
A management agreement does not include an agreement for the reasonable payment of rent on a
fixed basis under a bona fide lease or rental obligation unless the person exercises control over or
participates in the management of the marihuana business.
(n) “Managerial employee” means those employees who have the ability to control and direct
the affairs of the marihuana business or have the ability to make policy concerning the
marihuana business, or both.
(o) “Marihuana business” means a marihuana facility under the medical marihuana facilities
licensing act, or a marihuana establishment under the Michigan Regulation and Taxation of
Marihuana Act, or both.
(p) “Marihuana establishment” means a marihuana grower, marihuana safety compliance
facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure
transporter, or any other type of marihuana-related business licensed by the agency under the
Michigan Regulation and Taxation of Marihuana Act.
(q) “Marihuana facility” means a location at which a licensee is licensed to operate under the
medical marihuana facilities licensing act.
(r) “Marihuana license” means a state operating license issued under the medical marihuana
facilities licensing act, or a state license issued under the Michigan Regulation and Taxation of
Marihuana Act, or both.
(s) “Marihuana product” means marihuana or a marihuana-infused product, or both, as those
terms are defined in the applicable act unless otherwise provided for in these rules.
(t) “Mature plant” means a flowering or nonflowering marihuana plant that has taken root and
is taller than 8 inches from the growing or cultivating medium or wider than 8 inches, produced
from a cutting, clipping, tissue culture, or seedling, and that is in a growing or cultivating
medium or in a growing or cultivating container.
(u) “Medical marihuana facilities licensing act” or “MMFLA” means the medical marihuana
facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
(v) “Michigan Regulation and Taxation of Marihuana Act” or “MRTMA” means the Michigan
Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(w) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL
333.27901 to 333.27904.