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:  
2020-122 LR  
Title of proposed rule set:  
Marihuana Operations  
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  
allow for contactless marijuana transactions.  
4. Summary of proposed rules:  
The rule changes are designed to create greater consistency in the operation of marihuana businesses  
and to create cohesion between operations of medical and adult-use marihuana businesses. The rule  
changes are also designed to allow for limited contact and/or contactless transactions.  
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  
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:  
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=1248  
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:  
Benjamin D. Joffe  
Gage Cannabis  
Dickinson Wright  
MCMA  
Terrapin  
Shryne Group  
Sandy Marcus  
Adam Goldberg  
Steven Haddad  
Redbud Roots  
High Life Farms  
Pleasantrees  
Cannabis Law Section – Special Committee on Rules  
42 Degrees  
Carbidex  
Bob Hendricks  
NORML  
Cresco Labs  
Green Peak  
MICIA  
Pathogen Dx  
Cannabis Legal Group  
11. Persons submitting comments of opposition:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
The Spott  
MCMA  
Terrapin  
MCMA  
MICIA  
Sky Mint  
Carbidex  
One Two Tree Holdings  
NORML  
Cannabis Law Section – Special Committee on Rules  
Benjamin D. Joffe  
My TCBD  
Pleasantrees  
Fluresh  
Gage Cannabis  
Dickinson Wright  
Cresco Labs  
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
Benjamin D.  
Joffe  
Definition of  
The agency made R 420.201(1)  
a correction to this (d)(i)(I)  
definition to make  
it consistent across  
rule sets.  
Definition updated R 420.201(1)  
to match definition (u)  
in other rule set  
applicant is not  
consistent with  
other rule sets.  
MCMA  
Comment was  
received on the  
Marihuana  
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  
3
4
MCMA  
The definition of Definition updated R 420.201(1)  
restricted access to match definition (ii)  
area should be  
clarified as it  
relates to sales  
locations.  
in other rule set  
where feedback  
was incorporated  
under R 420.1(1)  
(dd)  
42 Degrees  
The definition of Comment was  
final form needs received on R  
R 420.201(1)  
(m)  
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.  
5
6
Gage Cannabis  
Terrapin  
Include how long The agency agrees R 420.203(2)  
the records must with this (f)(iii)  
be maintained. comment.  
Allow storage of The agency agrees R 420.204  
final form  
with this  
product to be  
combined with co  
-location.  
comment.  
7
8
Shryne Group  
Sandy Marcus  
Co-located  
business should with this  
be able to have  
more common  
use areas.  
The agency agrees R 420.204(3)  
& (4)  
comment.  
Transporters  
should be able to with this  
The agency agrees R 420.206(7)  
(c)  
use boxes or  
comment.  
containers with  
tamper proof  
tape, etc. as long  
as receiving  
business could  
tell if the package  
had been  
tampered with.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
9
MCMA  
The qualifications The agency agrees R 420.206(8)  
of a supervisory with this (b)  
analyst are not  
included.  
comment. Because  
the qualifications  
were not included,  
the requirement to  
meet “supervisory  
analyst” was  
removed.  
10  
11  
Cannabis Law  
Section –  
Special  
Committee on  
Rules  
42 Degrees  
This should  
include  
flavonoids and  
terpenoids.  
The agency agrees R 420.206  
with this  
(11)  
comment.  
The rule is  
confusing, what with this  
The agency agrees R 420.206  
(14)  
is a “form” of  
marihuana  
product.  
comment. The rule  
language was  
modified to only  
use the word  
“form” once  
instead of multiple  
times in the same  
provision.  
12  
MCMA  
Oppose this rule The agency made R 420.206a  
as written.  
modifications to  
this rule based  
upon previous  
comments on the  
agency requiring  
licensees to  
comply with  
guidance issued by  
the MRA outside  
of the rulemaking  
process.  
13  
Gage Cannabis  
This should not The agency agrees R 420.206a  
be required to be with this  
(5)  
corrected on the comment; this  
spot.  
provision was  
deleted.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
14  
Green Peak  
Clarify if phone The agency agrees R 420.207a  
orders are  
with this  
acceptable, be  
specific about  
drive through  
transactions.  
comment.  
15  
16  
MICIA  
Change “with a The agency agrees R 420.212(3)  
closed lid” to “in with this  
a closed  
comment.  
container.”  
Clarify that  
samples can be  
stored in this  
space, that the  
other products  
cannot.  
Carbidex  
The agency agrees R 420.214a  
with this  
(4)  
comment.  
17  
MICIA  
There is no way The agency agrees R 420.214c  
to determine if  
the customer is  
returning for  
Adult-Use  
product and  
likely  
with this comment (2)(d)  
and has therefore,  
removed the  
language saying  
that the customer  
must return the  
inappropriate for product.  
disabled patients,  
etc.  
13.Date report completed:  
12/16/2021  
MCL 24.242 and 24.245  
;