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:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-68 LR  
Title of proposed rule set:  
Marihuana Licensees  
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:  
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  
Kelly Young of My TCBD, Inc.  
Benjamin D. Joffe, PLLC  
11. Persons submitting comments of opposition:  
Michigan Cannabis Manufacturers Association  
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
2
Dykema  
Gossett, PLLC  
The section  
The agency agrees 420.109  
header includes that the header is  
“exemption for incorrect and  
industrial hemp” “exemption for  
but industrial  
hemp is not  
addressed in the  
rule.  
industrial hemp”  
should be deleted.  
Dykema  
The definition of The agency agrees 420.101(f)  
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  
3
Michigan  
Cannabis  
Industry  
Plants that count The agency agrees 420.102(2)  
towards the plant with this comment  
count should be and definition.  
flowering  
Association  
marihuana plants  
as defined by  
them.  
4
5
6
7
Kelly Young of  
My TCBD, Inc.  
Plants that count The agency does 420.102(2)  
towards the plant not agree with this  
count should be comment and  
flowering  
agrees with the  
marihuana plants. comments above.  
This standard is The agency does 420.102(2)  
too loose and has not agree with this  
Michigan  
Cannabis  
Manufacturers  
Association  
the great  
possibility of  
abuse.  
comment and  
agrees with the  
comments above.  
Michigan  
Cannabis  
Manufacturers  
Association  
This standard is The agency makes 420.105(1)(a)  
too loose and has this change to be  
the great  
possibility of  
abuse.  
consistent with the  
changes to  
420.102(2).  
Michigan  
Cannabis  
Industry  
Proposed  
definition of  
flowering  
New definition  
inserted as the  
agency agrees  
420.101(g)  
Association  
marihuana plant. with the definition  
as inserted this  
phrase into the  
rules.  
8
9
Benjamin D.  
Joffe, PLLC  
The definition of The agency agrees 420.101(c)(i)  
applicant does  
not include  
anyone under a  
trust.  
and has made this (I)  
modification.  
Benjamin D.  
Joffe, PLLC  
The definition of The agency makes 420.101(1)(c)  
applicant does  
not include  
anyone under a  
trust.  
this change to  
provide clarity to  
applicants.  
(ii)  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
10  
11  
Benjamin D.  
Joffe, PLLC  
The definition of The agency makes 420.103(1)  
applicant does  
not include  
anyone under a  
trust.  
this chain to  
increase the  
flexibility of  
provision of  
marihuana  
products in the  
market.  
The definition of The agency makes 420.104(1)  
Benjamin D.  
Joffe, PLLC  
applicant does  
not include  
anyone under a  
trust.  
this chain to  
increase the  
flexibility of  
provision of  
marihuana  
products in the  
market.  
13.Date report completed:  
3/23/2020  
MCL 24.242 and 24.245  
;