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:  
2020-124 LR  
Title of proposed rule set:  
Marihuana Sampling and Testing  
3. Purpose for the proposed rules and background:  
To update the existing rules and codify the requirements for testing of marihuana products including  
the acceptable limits of contaminants in marihuana and marihuana products.  
4. Summary of proposed rules:  
The rule changes are designed to create greater consistency in the testing of marihuana product and to  
create cohesion between testing requirements, procedures, etc., in both medical and adult-use  
marihuana businesses. The rule changes are also meant to create greater consistency in laboratory  
operations. The rule changes will also require testing for cannabinoids other than delta-9 THC.  
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=1250  
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:  
Carbidex  
Terrapin  
MICIA  
Michigan Investments 10  
MCMA  
PSI Labs  
PJLA  
Neogen  
11. Persons submitting comments of opposition:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
The Spott  
Viridis  
Carbidex  
PJLA  
Pleasantrees  
PG Group  
Bob Hendricks  
Cresco Labs  
Terrapin  
MICIA  
Shryne  
Benjamin Joffe  
PSI Labs  
Cannabis Law Section – Special Committee on Rules  
PuEr Lab  
Steep Hill Michigan  
42 Degrees  
MCMA  
American Fiber Company  
Pleasantrees  
North Coast Testing Laboratories of Michigan  
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
MICIA  
Clarify that an  
individual tag is with this  
The agency agrees R 420.303(4)  
destroyed after  
the drying  
process. The tags  
identify the plants  
as they are  
comment.  
drying.  
Delete the  
Carbidex –  
The agency agrees R 420.303(6)  
These  
reference to live with this  
resin, this should comment.  
be allowed for  
comments were  
provided by  
way of a Word  
copy of the  
any reason.  
Rule Set with  
comments from  
“TC” included.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
3
4
5
Cresco Labs  
The Spott  
Fresh frozen OR The agency agrees R 420.303(6)  
dry marijuana  
should be  
with this  
comment.  
allowed.  
There is a  
typographical  
The agency agrees R 420.304(2)  
with this comment (a)  
error in this rule. to make this  
correction.  
Carbidex -  
Are there  
The agency agrees R 420.304(2)  
These  
different rules for with this  
products not in a comment. R  
(d)  
comments were  
provided by  
way of a Word  
copy of the  
harvest batch?  
420.304(2)(d) was  
added for products  
that are not in  
Rule Set with  
comments from  
“TC” included.  
Carbidex -  
harvest batches.  
6
This should not The agency agrees R 420.304(2)  
These  
just be harvest  
batch. What  
about products  
other than  
with comment. R (e)  
420.304(2)(e) was  
added for products  
that are not in  
comments were  
provided by  
way of a Word  
copy of the  
flower?  
harvest batches.  
Rule Set with  
comments from  
“TC” included.  
PSI Labs  
7
8
Potency  
The agency agrees R 420.305(3)  
manipulation  
should not be  
allowed by any  
means, this  
should be more  
general.  
with this  
(a)(i)  
comment.  
PSI Labs  
Potency reporting The agency agrees R 420.305(3)  
should be  
with this  
(a)(iii)(A)  
restricted to  
available  
comment.  
reference material  
and validated  
methods.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
This rule is  
9
Viridis  
The agency agrees R 420.305(1)  
comment. In the  
unclear as written with this  
what the  
requirements are. draft that was  
submitted for  
public comment  
this provision was  
R 420.305(1)(a).  
10  
PJLA  
This rule should The agency agrees R 420.305(1)  
be modified with with this  
more detail on the comment. In the  
provision of these draft that was  
documents.  
submitted for  
public comment  
this provision was  
R 420.305(1)(a).  
11  
12  
MICIA  
Viridis  
Requirements for The agency agrees R 420.305(2)  
analytical with this  
methods should comment.  
be modified.  
If a method is  
The agency agrees R 420.305(3)  
validating using with this  
specific amounts, comment.  
these portions  
should not be  
changed.  
13  
14  
MICIA  
Terminology is  
incorrect.  
The agency agrees R 420.305(3)  
with this  
(a)(iii)  
comment.  
The agency agrees R 420.305(3)  
The Spott  
This should be  
deleted, not tested with this  
in flower, tested comment. Instead  
in other products. of deletion, the  
language was  
(f)  
modified to clarify  
that this is tested  
in marihuana  
products other  
than flower.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
15  
Carbidex -  
These  
This language  
should be  
The agency agrees R 420.305(3)  
with this  
(h)  
comments were  
provided by  
way of a Word  
copy of the  
Rule Set with  
comments from  
“TC” included.  
PJLA  
removed  
comment.  
indicating that the  
agency would  
publish a list.  
16  
17  
This should be  
changed from  
accreditation  
body to  
certification body.  
This should be  
changed from  
accreditation  
body to  
The agency agrees R 420.305(5)  
with this  
comment.  
PJLA  
The agency agrees R 420.305(4)  
with this  
comment.  
certification body.  
Change to ISO  
17065 accredited with this  
certification body. comment.  
Change to ISO  
17065 accredited with this  
18  
19  
20  
PJLA  
The agency agrees R 420.305(4)  
PJLA  
The agency agrees R 420.305(5)  
certification body. comment.  
This definition is The agency agrees R 420.305(9)  
The Spott  
extremely  
with this  
(c)  
problematic such comment.  
that reporting of  
Total THC results  
as defined cannot  
be met at this  
time.  
21  
22  
42 Degrees  
Viridis  
Potency should  
be reported in  
milligrams per  
something.  
Please define  
what Good  
The agency agrees R 420.305(9)  
with this  
(h)  
comment.  
The agency agrees R 420.305(b)  
with this  
(8)  
Laboratory  
comment. The  
Practices means. citation to the CFR  
was included.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 7  
23  
PJLA  
A laboratory shall The agency agrees R 420.305  
participate in a  
third-party  
with this  
comment.  
(14)  
proficiency  
testing with an  
ISO 17043  
accredited  
provider. The  
proficiency  
testing provider  
shall be  
accredited for all  
relevant tests  
required by the  
agency and by an  
accreditation  
body recognized  
under the  
international  
laboratory  
accreditation  
cooperation  
(ILAC).  
24  
Viridis  
“Cherry pick” is The agency agrees R 420.305  
not a scientific  
term. This is a  
colloquial term  
and does not  
with this  
comment.  
(16)(c)  
belong in this  
document.  
“Testing specific  
material from a  
batch” is also  
meaningless.  
Any material  
chosen could be  
called “specific  
material”.  
25  
MICIA  
Delete: [t]here  
The agency agrees R 420.305  
are no established with this  
safety standards comment.  
for this analysis.  
(18)  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 8  
26  
PSI Labs  
Screening criteria The agency agrees R 420.305  
is specific to with this (21)  
ensure that results comment. This  
are accurate - this specific language  
would be  
was deleted.  
burdensome to  
have to report  
things that they  
are not testing  
for.  
27  
The Spott  
Conflicts with  
test result  
The agency agrees R 420.305  
with this (22)  
reporting within 3 comment. This  
days.  
language has been  
moved into R  
420.305(21) and  
requires reporting  
when test results  
are entered.  
28  
29  
The Spott  
The Spott  
Update this  
The agency agrees R 420.305a  
provision to the with this  
specific language comment.  
provided.  
Quality Control The agency agrees R 420.305b  
acceptance with this (6)  
(2)  
criteria must be comment.  
published by the  
agency and be  
followed. If  
method-specific  
acceptance  
criteria exist, then  
the method  
acceptance  
criteria are (sic)  
required.”  
30  
Viridis  
It is over-reach to The agency agrees R 420.305b  
specify how  
with this  
(5)  
many samples  
must be in any  
analytical batch.  
No other  
comment.  
regulatory agency  
or accrediting  
body does this.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 9  
31  
Carbidex -  
These  
If it fails for  
aspergillus,  
The agency agrees R 420.306(3)  
with this  
comments were  
provided by  
way of a Word  
copy of the  
should be tested comment.  
for Mycotoxin  
and remediation  
should be  
Rule Set with  
comments from  
“TC” included.  
42 Degrees  
allowed.  
32  
Clarify to allow The agency agrees R 420.307(7)  
for continued  
quality studies,  
reserving a  
with this  
comment.  
Therefore, this  
subrule was  
portion of a  
finished product deleted.  
to run other/non-  
safety compliance  
testing on, can  
you pull a portion  
of a product and  
make another tag  
and submit for  
R&D after  
passing testing?  
33  
34  
42 Degrees  
Clarify a  
definition of  
production batch. comment.  
Therefore, a  
The agency agrees R 420.301(1)  
with this (bb)  
definition was  
added to the rule  
set.  
Definition updated R 420.301(1)  
to match definition (p)  
in other rule set  
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 10  
35  
Cresco Labs  
Fresh frozen OR This was removed Proposed R  
dry marijuana  
should be  
allowed.  
as a result of  
420.307(6)  
modifications  
made to previous  
rule sections.  
36  
37  
Viridis  
PJLA  
Change extracted The agency agrees R 420.303(6)  
to processed.  
with this  
comment.  
Change to ISO  
Required adoption R 420.302(1)  
17065 accredited by reference when (e)  
certification body. modifications  
were made to R  
420.305(5).  
38  
PJLA  
A laboratory shall Required adoption R 420.302(1)  
participate in a  
third-party  
by reference when (f)  
modifications  
proficiency  
testing with an  
ISO 17043  
were made to R  
420.305(14).  
accredited  
provider. The  
proficiency  
testing provider  
shall be  
accredited for all  
relevant tests  
required by the  
agency and by an  
accreditation  
body recognized  
under the  
international  
laboratory  
accreditation  
cooperation  
(ILAC).  
13.Date report completed:  
12/16/2021  
MCL 24.242 and 24.245  
;