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:  
2019-71 LR  
Title of proposed rule set:  
Marihuana Infused Products and Edible Marihuana Product  
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=15  
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:  
Michigan Cannabis Manufacturers Association  
Dykema Gossett, PLLC  
Choice Laboratories  
Cannabis Business Association of Michigan  
Michigan Coalition of Independent Cannabis Testing Laboratories  
PSI Labs  
11. Persons submitting comments of opposition:  
None.  
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
Michigan  
Cannabis  
There is a safety The agency agrees 420.407  
concern in listing with this  
Manufacturers  
Association  
the address of the comment.  
facility that  
packaged the  
product.  
420.407(a) has  
been deleted and  
the following  
subsections re-  
lettered  
appropriately.  
2
Dykema  
The definition of The agency agrees 420.401(d)  
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
Choice  
Laboratories  
“active  
ingredient”  
excludes  
The agency agrees 420.401(1)(a)  
with this comment  
and has modified  
industrial hemp this section  
and only  
accordingly.  
determines active  
based upon THC  
level.  
4
5
Cannabis  
Business  
Association of  
Michigan  
The current rule The agency agrees 420.404  
does not allow for with this  
variability due to comment.  
the precision of  
testing.  
Dykema  
Gossett, PLLC  
The current rule The agency agrees 420.404  
does not allow for with this  
variability due to comment.  
the precision of  
testing.  
6
7
Choice  
Laboratories  
The rule needs to The agency agrees 420.404  
allow for  
variance.  
with this  
comment.  
Michigan  
Coalition of  
Independent  
Cannabis  
The rule should The agency agrees 420.404  
allow for a  
with this  
variance in  
comment.  
potency of 10%.  
Testing  
Laboratories  
PSI Labs  
8
The rule should The agency agrees 420.504(g)  
allow for a  
with this  
variance in  
comment.  
potency of 10%.  
13.Date report completed:  
3/24/2020  
MCL 24.242 and 24.245  
;