State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building,  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR)  
before initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov.  
1. Agency Information  
Agency name: Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Medical Marihuana Regulation (BMMR)  
Agency contact person name, e-mail, and phone: Jacob Nevin  
Departmental Analyst  
Bureau of Medical Marihuana Regulation  
Department of Licensing and Regulatory  
Affairs  
Nevinj2@michigan.gov  
Phone: 517-284-8583  
Kelly Kronner  
Departmental Analyst  
Bureau of Medical Marihuana Regulation  
Department of Licensing and Regulatory  
Affairs  
kronnerk@michigan.gov  
Phone: 517-284-8584  
2. Rule Set Information  
Title of proposed rule set: Michigan Medical Marihuana  
Rule number(s) or range of numbers: R 333.101 – R 333.133  
Included in agency’s 2018 annual regulatory plan as rule to be processed in current  
Yes  
year?  
3. Estimated timetable for completion, or statutory deadline, if applicable:  
6 months to a year  
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to  
address:  
The Michigan Medical Marihuana Act (MMMA), MCL 333.26421, authorizes the medical use of  
marihuana for qualifying patients and provides for the issuance of registry identification cards to  
qualifying patients and their caregivers, if applicable. The administrative rules implement the  
requirements of the MMMA. The administrative rules are being revised to do the following:  
•
Require that applications and physician certifications are signed and dated within 6 months  
of the date the documents are received by the Michigan Medical Marihuana Program  
(MMMP) Division within BMMR. The rule currently requires that these documents be  
signed and dated within 1 year of the date they are received by the MMMP. The time frame  
is being decreased to reduce the chance of registry cards being issued to patients whose  
medical condition has been resolved and who no longer qualify for the medical use of  
marihuana.  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 2  
•
•
Require that individuals who submit a voter registration as proof of Michigan residency  
submit additional documentation for verification purposes since a voter registration does  
not include a date of birth. The rule is being amended to be consistent with the MMMP’s  
current policy and procedure and legal advice provided by the Department of Attorney  
General.  
Clarify that the legal guardian of a minor applicant must submit proof of legal guardianship  
rather than power of attorney. The rule is being amended to be consistent with the  
MMMP’s current policy and procedure and legal advice provided by the Department of  
Attorney General.  
•
•
Clarify the methods by which the MMMP will contact a patient, caregiver, or physician to  
verify the information provided on an application or supporting documentation. This is  
being expanded to include contact by email.  
Reduce the patient application fee from $60.00 to $40.00. The fee is being reduced because  
there are funds in the marihuana registry fund that are sufficient to cover the MMMP’s  
operational expenses for five years or more. Further, the revenue generated based on the  
current application fee for the past three years is approximately 90% - 100% more than  
MMMP’s operational expenses.  
•
•
Eliminate the $25.00 caregiver criminal background check processing fee. The fee is being  
eliminated because there are funds in the marihuana registry fund that is sufficient to cover  
the MMMP’s operational expenses for five years or more.  
Eliminate the $10.00 fee to update the name or address on a registry card or to add a  
caregiver or request a replacement card. The fee is being eliminated because there are extra  
funds in the marihuana registry fund that is sufficient to cover the MMMP’s operational  
expenses for five years or more.  
•
•
•
•
Eliminate language in the rules that is redundant and simply repeats provisions specified in  
the Act.  
Authorize the department to include patient and caregivers’ photographs on registry  
identification cards in the future.  
Increase the renewal period for patients from 60 to 90 days, which will provide patients  
with more time to renew their registry identification cards.  
Include a provision that authorizes patients to change the person designated to be in  
possession of the plants. This change is being made to be consistent with the current policy  
and procedure.  
•
Require that patients and caregivers withdraw from the registry program in a manner  
prescribed by the department. This change is being made so that withdrawal requests are  
submitted to the department in a uniform and consistent manner.  
•
•
Revise the petition process to add the newly approved medical conditions and treatments.  
Clarify the rules governing the Medical Marihuana Review Panel.  
5. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc.,  
listing all applicable statutory references. If the rule(s) are mandated by any applicable  
constitutional or statutory provision, please explain.  
Section 5(a) of the MMMA, MCL 333.26425(a), states the department shall promulgate rules  
pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that  
govern the manner in which the department shall consider the addition of medical conditions or  
treatments to the list of debilitating medical conditions set forth in section 3(a) of the act.  
Section 5(b) of the Act, MCL 333.26425(b), states the department shall promulgate rules  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 3  
pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that  
govern the manner in which it shall consider applications for and renewals of registry identification  
cards for qualifying patients and primary caregivers. The department's rules shall establish  
application and renewal fees that generate revenues sufficient to offset all expenses of  
implementing and administering the Act.  
6. Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
Include applicable public act and statutory references.  
The Bureau of Medical Marihuana Regulation is responsible for promulgating rules that  
implement, administer, and enforce the:  
•
Michigan Medical Marihuana Act (MMMA), Initiated Law 1 of 2008, as amended by  
2016 PA 283  
•
•
Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281  
Marihuana Tracking Act, 2016 PA 282  
The proposed MMMA rules will work in conjunction with the MMFLA rules and the Marihuana  
Tracking Act rules that will be promulgated in the future. The proposed MMMA rules will not  
conflict with either of the other rule sets.  
There are no existing federal regulations for medical marihuana. Presently, the United  
States Drug Enforcement Administration (DEA) specifies that marihuana is a schedule  
I controlled substance that does not meet the criteria for currently accepted medical use.  
7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook,  
instructional bulletin, form with instructions, or operational memo?  
The following subject matter of the proposed rules are included on forms the MMMP currently  
uses:  
•
•
The fee amounts.  
The requirement that an application and physician certification must be signed and dated  
within one year of the date the MMMP receives the documents.  
That additional proof of identity is required if a patient submits a voter registration for  
verification purposes.  
•
•
•
That patients can change the person designated to be in possession of the plants.  
The option to withdraw from the program using a form prescribed by the department.  
8. Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full  
rulemaking process:  
The rules will be promulgated under the full rulemaking process. Section 5 of the MMMA, MCL  
333.26425, states the department shall promulgate rules pursuant to the administrative procedures  
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.  
9. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed  
pursuant to Executive Order 2011-5? If yes, explain.  
No.  
10. Is there an applicable decision record as defined in Section 3(6) and required by Section 39(2) of  
the APA? If so, please attach the decision record.  
Not applicable. Section 5 of the MMMA, MCL 333.26425, states the department shall promulgate  
rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 4  
The MMMA does not provide for an Advisory Committee or require the proposed rules  
incorporate recommendations from an Advisory Committee.  
11. Reviewed by the following Departmental Regulatory Affairs Officer:  
Liz Arasim  
Department of Licensing and Regulatory Affairs  
------------------------------------------------------------------------------------------------------------------  
↓ To be completed by the ORR ↓  
Date RFR received:10-31-2018  
Based on the information in this RFR, the ORR concludes that there are sufficient policy and  
legal bases for approving the RFR.  
ORR assigned rule set number: 2018-095 LR  
Date of approval:  
11/16/18  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: January 4, 2018  
MCL 24.239  
;