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:  
Marijuana 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:  
2020-119 LR  
Title of proposed rule set:  
Marihuana Infused Products and Edible Marihuana PRoducts  
3. Purpose for the proposed rules and background:  
To update the existing rules and codify the standards for product viability and expiration.  
4. Summary of proposed rules:  
The rule changes are designed to create greater consistency with updated standards in the production,  
handling, and labeling of marihuana product and to create continued cohesion between these practices  
in both medical and adult-use marihuana businesses.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
The Flint Journal – September 7, 2021  
The Grand Rapids Press – September 7, 2021  
The Mining Journal – September 7, 2021  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
9/1/2021  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
7. Date, time, and location of public hearing:  
9/27/2021 09:30 AM at Williams Building, 1st Floor 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://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1245  
9. List of the name and title of agency representative(s) attending public hearing:  
Andrew Brisbo – Executive Director  
Jessica S. Fox – Departmental Analyst, Scientific & Legal Section  
Kelly Kronner – Departmental Analyst, PR Section  
10. Persons submitting comments of support:  
NORML  
Shryne  
Cannabis Law Section – Special Committee on Rules  
MICIA  
Carbidex  
11. Persons submitting comments of opposition:  
Gage Cannabis  
Dickinson Wright  
Carbidex  
The Spott  
Terrapin  
Shryne  
42 Degrees  
MICIA  
MCMA  
Benjamin Joffe  
Cresco Labs  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
R 420.401(1)  
(m)  
1
NORML  
This is reasonable The agency had  
and may assist proposed to  
with recalls, etc. remove this rule  
provision. Based  
upon this  
comment,  
modification was  
made, and the  
definition retained.  
2
Shryne  
R 420.403(7)(a) The agency agrees R 420.403(7)  
should read as  
follows: The  
name of the  
marihuana-  
with this  
comment.  
(a)  
infused product  
that includes a  
product modifier  
such as  
"marijuana  
product", "THC  
product", or  
"cannabis  
product" using  
the same or larger  
font.  
3
4
5
MICIA  
Component  
ingredient should with this  
The agency agrees R 420.403(7)  
(b)  
comment.  
be changed to  
“excipient.”  
Component  
ingredient  
definition needs comment.  
clarification.  
Benjamin Joffe  
Gage Cannabis  
The agency agrees R 420.403(7)  
with this (b)  
In charge should The agency agrees R 420.403(8)  
be removed as it with this  
could lead to the comment.  
determination  
(d)  
that “in charge”  
equals a  
managerial  
employee.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
6
7
8
Dickinson  
Wright  
In charge should The agency agrees R 420.403(8)  
be removed as it with this (d)  
could lead to the comment.  
determination  
that “in charge”  
equals a  
managerial  
employee.  
Benjamin Joffe  
Benjamin Joffe  
The rule lead in The agency agrees R 420.403(9)  
should be  
with this  
rearranged to  
state that “a  
producer of  
edible marijuana  
products may  
not...”.  
comment.  
The commentor Based upon the  
R 420.403  
proposed that the comment, the lead (10)  
lead in for R  
420.403(9) be  
changed to say  
in to R 420.403(9)  
was modified and  
R 420.403(9)(f)  
that “a producer was removed as a  
of edible  
marijuana  
products may  
not..”  
subsection because  
it is not a  
prohibition and  
change to its own  
rule provision R  
420.403(10).  
9
Carbidex  
Carbidex  
The language is The agency agrees R 420.403(9)  
too broad to say with this (c)  
that an edible  
cannot be easily  
confused with a  
commercially  
available food  
product.  
comment.  
10  
The language is The agency agrees R 420.403(9)  
too broad to say with this (e)  
that an edible  
cannot be easily  
confused with a  
commercially  
available food  
product.  
comment.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
11  
12  
MICIA  
This paragraph  
should say  
“edible”  
marijuana  
product  
everywhere.  
This definition  
needs clarified, as with this  
The agency agrees R 420.403  
with this  
(10)(a)  
comment.  
Carbidex  
The agency agrees R 420.403  
(11)  
written it could  
include products  
that were  
comment.  
possibly not  
intended to be  
included.  
13  
14  
The Spott  
This definition  
should be moved with this  
to the definition comment.  
The agency agrees R 420.403  
(11)  
section.  
42 Degrees  
The definition of Comment was  
final form needs received on R  
R 420.401(1)  
(e)  
to be clarified  
with what final  
packaging is.  
420.301(1)(g).  
Also, this  
definition needed  
formal correction  
to match the  
definition as it was  
written in other  
rule sets.  
13.Date report completed:  
12/15/2021  
MCL 24.242 and 24.245  
;