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:  
2020-121 LR  
Title of proposed rule set:  
Marihuana Licenses  
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), to  
establish additional standards for annual financial statements, renewals, the revocation of  
prequalification status.  
4. Summary of proposed rules:  
The rule changes are designed to create greater consistency in the licensing process for 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.  
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:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1247  
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:  
Bob Hendricks  
MCMA  
LSSU  
Travis Copenhaver  
NORML  
MICIA  
Carbidex  
WSU  
NMU  
LSSU  
Cannabis Law Section – Special Committee on Rules  
11. Persons submitting comments of opposition:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Benjamin D. Joffe  
Cresco Labs  
MICIA  
Bob Hendricks  
Cannabis Attorneys of Michigan  
My TCBD  
Carbidex  
Shryne  
NORML  
MCMA  
Gage Cannabis  
Dickinson Wright  
The Spott  
Josh Rheault  
Calyxeum  
42 degrees  
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
Bob Hendricks  
Restricted Access The agency agrees R 420.1(1)  
area should be with this (dd)  
secured area, the comment.  
definition should  
be modified.  
MCMA  
The definition of The agency agrees R 420.1(1)(s)  
marijuana  
with this  
establishment  
should be  
comment.  
consistent with  
MRTMA.  
3
4
Bob Hendricks  
Gives broad  
authority to the  
MRA to  
determine who is  
“no longer  
suitable” and is  
very vague.  
This should be  
revised to  
The agency agrees R 420.3(4)  
with this  
comment.  
MCMA  
The agency agrees R 420.4(2)  
with this  
conform with  
current  
comment.  
application  
processes.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
5
6
Benjamin D.  
Joffe  
This is  
The agency agrees R 420.4(2)(b)  
impermissibly  
broad with no  
standard  
articulated.  
Modify to be  
specific to the  
MMFLA or  
remove.  
with this  
(ii)  
comment.  
MCMA  
The agency agrees R 420.6(2)(d)  
with this  
comment.  
7
8
9
Cannabis  
Attorneys of  
Michigan  
MICIA  
This should be  
limited to retail with this  
locations.  
Moral character The agency agrees R 420.13(1)  
should be  
removed.  
An applicant  
could not report with this  
these items prior comment.  
to them occurring  
The agency agrees R 420.8(2)(b)  
(viii)  
comment.  
with this  
(a)  
comment.  
The agency agrees R 420.14(8)  
Benjamin D.  
Joffe  
as the rule would  
require as  
currently written.  
10  
11  
Cresco Labs  
NORML  
Change 1 day to The agency agrees R 420.14(4)  
3 business days. with this  
comment.  
As written it  
The agency agrees R 420.25(6)  
appears that sales with this  
AND  
comment.  
consumption  
must BOTH be  
approved – it  
should be  
approval for  
either.  
12  
Cannabis Law  
Section –  
Special  
As written it  
appears that sales with this  
AND  
The agency agrees R 420.25(6)  
comment.  
Committee on  
Rules  
consumption  
must BOTH be  
approved – it  
should be  
approval for  
either.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
13  
LSSU  
It is not  
reasonable to  
The agency agrees R 420.27a(2)  
with this  
expect receipt of comment.  
DEA registration  
within 90 days of  
licensure,  
because there  
could be delays  
with the DEA.  
As written this  
could broadly  
14  
LSSU  
The agency agrees R 420.27a(9)  
with this  
prevent otherwise comment.  
legal use of  
medical  
marijuana on a  
premise that is  
licensed with an  
Educational  
Research  
License.  
15  
Cannabis Law  
Section –  
Special  
Committee on  
Rules  
This should be  
modified to be  
permissible with comment.  
consent of the  
The agency agrees R 420.27a(9)  
with this  
Agency.  
13.Date report completed:  
12/15/2021  
MCL 24.242 and 24.245  
;