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:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2020-120 LR  
Title of proposed rule set:  
Marihuana Licensees  
3. Purpose for the proposed rules and background:  
To update the existing rules as required by amendments to the Medical Marihuana Facilities  
Licensing Act (MMFLA) and Michigan Regulation and Taxation of Marihuana Act (MRTMA) and to  
provide additional guidance on the preparation and processing of marihuana product.  
4. Summary of proposed rules:  
The rule changes are designed to create greater consistency in the licenses available to marihuana  
businesses and to create cohesion between license issuance for medical and adult-use marihuana  
businesses. These decisions are made daily by agency licensing staff. The rule changes are also  
intended to create clear and consistent operational standards for marihuana businesses. These rule  
changes are also intended to create new license types under MRTMA to assist the industry in  
growing, provide greater opportunity for small businesses, and provide greater opportunity for  
education and research at academic institutions.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
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  
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:  
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:  
Weedmaps  
NORML  
MCMA  
Carbidex  
The Spott  
MICIA  
Bob Hendrix  
Peter Calkins  
Calyxeum  
Tree Twins Holdings  
Cannabis Legal Group  
Wanda Dunlap  
Joseph Bartilotta  
Carmen Toal  
Jesse Porter  
NCIA – DEIC  
Michael Webster  
Greg Russell  
Scott Roberts  
Ace Assi  
TR Franchising  
Kellen Brandon  
Joseph Cranmore  
11. Persons submitting comments of opposition:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Cresco Labs  
Benjamin Joffe  
Cannabis Law Section – Special Committee on Rules  
Carbidex  
MCMA  
NORML  
MY TCBD  
MICIA  
Bob Hendrix  
Cheyenne Benyi  
Rio’s Happy Tree  
Terry Reetz  
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  
R 420.101(1)  
(d)  
1
2
3
Benjamin Joffe  
Comment was  
received on the  
Operations Rule  
set that the  
R 420.101(1)(d)  
definition of  
applicant was not  
consistent across  
rule sets.  
Comment was  
received on the  
Operations Rule rule based upon  
set that the  
definition of  
applicant was not (d).  
consistent across  
rule sets.  
Comment was  
received on the  
Marihuana  
Benjamin Joffe  
The agency made R 420.101(1)  
a correction to this (d)(i)(I)  
the comment made  
on R 420.201(1)  
MCMA  
Definition updated R 420.101(1)  
to match definition (p)  
in other rule set  
Licenses rule set where feedback  
that the definition was incorporated  
of Marihuana  
Establishment  
should be  
under R 420.1(1)  
(s).  
modified to  
match the  
definition in  
MRTMA.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
4
5
MICIA  
This provision  
should be  
consistent with  
what is allowed  
for other  
The agency agrees R 420.105a  
with this  
(8)  
comment.  
MRTMA  
licenses.  
Carbidex  
(Comments  
There should also The agency agrees R 420.105a  
be a provision for with this (8)  
were submitted  
as a Word  
a one-time  
transfer – like the  
regular  
comment.  
version of the  
rule set with  
comments by  
“TC” included)  
Benjamin Joffe  
microbusiness.  
6
7
Definition of  
industrial hemp with this  
The agency agrees R 420.101(1)  
(i)  
should be  
comment.  
updated based on  
new legislation.  
Definition of  
Licensing  
Weedmaps  
The agency agrees R 420.101(1)  
with this (l)  
agreement should comment.  
be narrowed, as  
written could  
include  
unintended  
contracts.  
8
9
MCMA  
MCMA  
The term  
cultivate from  
MRTMA should comment.  
be used instead of  
grow.  
The agency agrees R 420.102(1)  
with this  
It should be  
The agency agrees R 420.102(3)  
explicitly stated with this  
that harvested  
marijuana can be  
transferred  
comment.  
between growers.  
It should be  
10  
MCMA  
The agency agrees R 420.108(3)  
explicitly stated with this  
that harvested  
marijuana can be  
transferred  
comment.  
between growers.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
11  
12  
13  
MCMA  
MCMA  
MICIA  
The requirement The agency agrees R 420.106(3)  
of reporting with this (f)  
vehicle location comment.  
should not be in  
the business plan.  
The requirement The agency agrees R 420.110(4)  
of reporting with this (g)  
vehicle location comment.  
should not be in  
the business plan.  
An adult should The agency agrees R 420.107(1)  
be able to have  
their marijuana  
product tested,  
regardless of  
where it came  
from.  
with this  
comment.  
(c)  
14  
15  
16  
MCMA  
MCMA  
MCMA  
The current  
prohibition  
against returning comment.  
marijuana should  
be written into  
the rules.  
The current  
prohibition  
against returning comment.  
marijuana should  
be written into  
the rules.  
Secure  
The agency agrees R 420.108  
with this (11)  
The agency agrees R 420.109(5)  
with this  
The agency agrees R 420.110(6)  
with this  
Transporters  
should be able to comment.  
transfer  
marijuana to  
other secure  
transporters.  
17  
MCMA  
Secure  
Transporters  
The agency agrees R 420.106(5)  
with this  
should be able to comment.  
transfer  
marijuana to  
other secure  
transporters.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
18  
MICIA  
Definition of  
management  
The agency agrees R 420.101(1)  
with this (m)  
agreement should comment.  
be modified.  
13.Date report completed:  
12/15/2021  
MCL 24.242 and 24.245  
;