Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Marijuana Regulatory Agency  
Name of person completing this form:  
Phone number of person completing this form:  
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:  
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:  
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,  
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:  
42 Degrees  
11. Persons submitting comments of opposition:  
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  
for change  
& citation  
Added R  
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.  
42 Degrees  
○Define what is a No definition was Added R  
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:  
MCL 24.242 and 24.245