Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Marihuana Regulatory Agency  
Name of person completing this form:  
Jessica Fox  
Phone number of person completing this form:  
517-284-9294  
E-mail of person completing this form:  
FOXJ12@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-67 LR  
Title of proposed rule set:  
Marihuana Licenses  
3. Purpose for the proposed rules and background:  
To provide one, cohesive set of rules for regulating marihuana licenses for both adult use and medical  
marihuana in the State of Michigan.  
4. Summary of proposed rules:  
The proposed topic-based rule sets are intended to provide clarity/consistency to those working in  
both the medical and adult use markets. The rule sets provide for the implementation of a program to  
license medical/adult use marihuana businesses. The rule sets implement, administer, and enforce  
appropriate standards for marihuana businesses and associated equipment and establish regulations  
ensuring the safety, security, and integrity of the operation of marihuana businesses.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Flint Journal (Pub: 1/28/20), The Grand Rapids Press (Pub: 1/28/20), The Mining Journal (Pub:  
1/16/20)  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
2/1/2020  
7. Date, time, and location of public hearing:  
2/12/2020 09:30 AM at Auditorium , 525 West Ottawa Street, Lansing, Michigan  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://dtmb.state.mi.us/ARS_Public/Transaction/RFRTransaction?TransactionID=11  
9. List of the name and title of agency representative(s) attending public hearing:  
Executive Director Andrew Brisbo, Legal Analyst Kelly Kronner, Legal Analyst Jessica Fox, Legal  
Analyst Joshua Galicki  
10. Persons submitting comments of support:  
Dykema Gossett, PLLC  
Michigan Cannabis Industry Association  
Northwest Confections Michigan, LLC  
Kelly Young of My TCBD, Inc.  
Roma Thurin  
Michigan Cannabis Manufacturers Association  
Richard LeBlanc  
Michigan Association of Chiefs of Police  
Tuscola County Prosecuting Attorney  
Great Lakes Cannabis Chamber of Commerce  
Pollicella Tompkins  
Thomas J. Weichel, Alcona County Prosecuting Attorney  
United Food and Commercial Workers International Union  
Benjamin D. Joffe, PLLC  
11. Persons submitting comments of opposition:  
Weedmaps  
Jason Palomba  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Dykema  
The definition of The agency agrees 420.1(l)  
Gossett, PLLC  
employee does  
not include  
professional  
services and  
should.  
and makes this  
change for  
consistency with  
this change in  
other sections.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
2
3
Dykema  
Gossett, PLLC  
Prequalification The agency agrees 420.3(2)  
status should be that this time  
extended beyond period should be  
1 year due to  
municipal  
extended.  
restrictions, etc.  
Prequalification The agency agrees 420.3(2)  
status should be that this time  
Michigan  
Cannabis  
Industry  
extended from 1 period should be  
Association  
year to 2 years  
due to  
extended.  
construction and  
other issues  
beyond the  
applicants’  
control.  
4
5
6
7
8
Northwest  
Confections  
Michigan, LLC  
Prequalification The agency agrees 420.3(2)  
status deadline  
should be  
extended.  
that this time  
period should be  
extended.  
Kelly Young  
My TCBD, Inc.  
Prequalification The agency agrees 420.3(2)  
status deadline  
should be  
extended.  
that this time  
period should be  
extended.  
Roma Thurin  
Prequalification The agency agrees 420.3(2)  
status deadline  
should be  
extended.  
that this time  
period should be  
extended.  
Michigan  
Cannabis  
Industry  
Association  
Weedmaps  
Delivery is better  
regulated and tracked  
as part of a sales  
location.  
The agency agrees 420.27  
and has removed  
this license type.  
This license type The agency  
420.27  
creates less of a understands this  
challenge for  
position but agrees  
customers to get with the other  
product where  
comments that this  
there is no retail license type  
store doing  
delivery.  
should be  
removed.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
9
Michigan  
Cannabis  
This license type The agency agrees 420.27  
is not needed in and has removed  
Manufacturers  
Association  
light of home  
delivery. It is  
untenable to keep  
track of sales,  
custody of  
this license type.  
product,  
verification of  
sales  
requirements, etc.  
This business  
type would be  
10  
Richard  
LeBlanc  
The agency agrees 420.27  
and has removed  
very challenging this license type.  
to oversee and  
nearly impossible  
to regulate.  
11  
12  
Michigan  
There are unintended  
The agency agrees 420.27  
and has removed  
this license type.  
Association of public safety  
Chiefs of Police consequences to this  
license type  
Tuscola County  
Prosecuting  
This license type The agency agrees 420.27  
creates significant and has removed  
and unnecessary this license type.  
public safety  
Attorney  
issues, municipal  
issues and  
adversely impacts  
licensed sales  
businesses.  
13  
Great Lakes  
Cannabis  
This license is not The agency agrees 420.27  
affiliated with a and has removed  
Chamber of  
Commerce  
sales location,  
there is a lack of  
control and  
this license type.  
integrity.  
14  
15  
Dykema  
Gossett, PLLC  
This license type The agency agrees 420.27  
has too much risk and has removed  
associated with it. this license type.  
This license type The agency agrees 420.27  
is unmanageable and has removed  
Pollicella  
Tompkins  
and an  
this license type.  
unenforceable  
vehicle for the  
black market.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
16  
Thomas J.  
Weichel,  
This license type The agency agrees 420.27  
is a public safety and has removed  
Alcona County  
Prosecuting  
Attorney  
issue including  
delivery of unsafe  
product,  
this license type.  
diversion from  
retail businesses;  
black market  
drivers, tax  
issues, etc.  
17  
Paul Samways MMFLA says  
The agency agrees 420.20  
with this comment  
and has added a  
clarifying  
provision on  
financial  
“reviewed financial  
statements”  
department has come  
out with a list of  
different things.  
statements.  
18  
19  
United Food  
and  
Commercial  
Workers  
International  
Union  
Dykema  
The labor peace The agency agrees 420.13(e)  
agreement with this  
attestation should comment.  
be signed by the  
bona fide labor  
union.  
“all loan”  
The agency agrees 420.4(2)(a)(i)  
Gossett, PLLC  
language covers with this  
(C)  
unnecessary  
information  
should be  
comment.  
changed to “all  
loan types  
specified by the  
agency”.  
20  
21  
Benjamin D.  
Joffe, PLLC  
The definition of The agency agrees 420.1(c)(i)(I)  
applicant does  
not include  
anyone under a  
trust.  
and has made this  
modification.  
Dykema  
Disclosure of  
The agency agrees 420.4(2)(a)(v)  
Gossett, PLLC  
persons for SEC with this  
purposes is not  
correct, should be  
5%.  
comment.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
Disclosure of  
22  
23  
Dykema  
Gossett, PLLC  
The agency agrees 420.4(3)  
comment.  
persons for SEC with this  
purposes is not  
correct, should be  
5%.  
Steve Linder,  
Michigan  
Cannabis  
We don't believe that  
it's the role of the  
Department to use  
The agency agrees 420.1(d)  
with this  
comment.  
Manufacturers licensure as a hammer  
Association  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
24  
Steve Linder,  
Michigan  
Cannabis  
We don't believe that  
it's the role of the  
Department to use  
The agency agrees 420.1(p)  
with this  
comment.  
Manufacturers licensure as a hammer  
Association  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
25  
Steve Linder,  
Michigan  
Cannabis  
We don't believe that  
it's the role of the  
Department to use  
The agency agrees 420.5(6)  
with this  
comment.  
Manufacturers licensure as a hammer  
Association  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 7  
26  
27  
28  
29  
Steve Linder,  
Michigan  
Cannabis  
Manufacturers licensure as a hammer  
Association  
We don't believe that  
it's the role of the  
Department to use  
The agency agrees 420.13(e)  
with this  
comment.  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
We don't believe that  
it's the role of the  
Department to use  
Steve Linder,  
Michigan  
Cannabis  
Manufacturers licensure as a hammer  
Association  
The agency agrees 420.14(3)(h)  
with this  
comment.  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
We don't believe that  
it's the role of the  
Department to use  
Steve Linder,  
Michigan  
Cannabis  
Manufacturers licensure as a hammer  
Association  
The agency agrees 420.21/22(2)  
with this  
(m)  
comment.  
to force independent  
businesses into  
forming relationships  
with labor unions  
which will unalterably  
change and distort  
their workplaces.  
Jason Palomba In support of labor  
peace agreements.  
Gives the option for  
workers to join a  
The agency agrees See above.  
with the comments  
received in  
opposition to this  
matter.  
union if they choose  
so.  
13.Date report completed:  
3/23/2020  
MCL 24.242 and 24.245  
;