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:

2021-29 LR

Title of proposed rule set:

Marihuana Declaratory Rulings

3. Purpose for the proposed rules and background:

To promulgate a single rule set relating to requests for Declaratory Rulings under the Michigan

Medical Marihuana Act (MMMA), Medical Marihuana Facilities Licensing Act (MMFLA), the

Marihuana Tracking Act (MTA), the Michigan Regulation and Taxation of Marihuana Act

(MRTMA), and associated administrative rules. The creation of the rule set is also in an effort to

create clarity about the requirements for a Declaratory Ruling within the MRA.

4. Summary of proposed rules:

The rules are designed to create consistency in the receipt and processing of declaratory ruling

requests made under the acts to the Agency. These requests come in on a routine basis.

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=1287

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:

MCMA

42 Degrees

11. Persons submitting comments of opposition:

MCMA

MICIA

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

Added R

1

MCMA

The following

The agency

language should needed to clarify 420.822(13)

be added:

Nothing in this

when a declaratory

ruling is required

rule is intended to and that it does not

limit or restrict

the agency’s

apply or hinder the

agency’s open line

ability to respond of communication

to questions or

inquiries from

with the industry

and the general

licensees or the public or their

general public,

but any agency

ability to pose

questions to the

response to such agency that do not

questions or meet the standards

inquiries shall not for a declaratory

be binding on the ruling.

agency.

2

42 Degrees

○Define what is a No definition was Added R

“declaratory

ruling.”

added, but it was 420.822(13)

clarified that it

○When would

this be used

instead of

requesting a

clarification on

does not prevent

the industry from

informally seeking

clarification on the

interpretation of a

the interpretation rule.

of a rule?

13.Date report completed:

12/17/2021

MCL 24.242 and 24.245