Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Marihuana Regulatory Agency  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Marihuana Infused Products and Edible Marihuana PRoducts  
5. Rule numbers or rule set range of numbers:  
R 420.401, et seq  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
JESSICA FOX  
E-mail of person filling out RFR:  
FOXJ12@michigan.gov  
Phone number of person filling out RFR:  
517-284-9294  
Address of person filling out RFR:  
2407 North Grand River Avenue, Lansing, Michigan  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
To update the existing rules and codify the standards for product viability and expiration.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The Executive Director of the Agency is authorized to promulgate these rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Executive Director of the Agency is authorized to promulgate these rules based upon, Section  
206 of the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, MCL 333.27206,  
Sections 7 and 8 of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), 2018 IL  
1, MCL 333.27957 and 333.27958, and Executive Reorganization Order No. 2019-2, MCL  
333.27001.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Yes. MCL 333.27958 states that the MRA “shall promulgate rules to implement and administer  
this act…”  
MCL 24.239  
RFR-Page 2  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with, duplicate, or exceed any other regulations. However, the statutory  
changes required for the MMFLA are not consistent with the requirements under the MRTMA.  
These rules are intended to create consistency in those requirements, whenever possible. There are  
no existing compliance standards for marihuana other than our rules.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes. The subject matter of these rules is currently in a technical bulletin posted on the agency’s  
website.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with, duplicate, or exceed any other regulations. However, the statutory  
changes required for the MMFLA are not consistent with the requirements under the MRTMA.  
These rules are intended to create consistency in those requirements, whenever possible. There are  
no existing compliance standards for marihuana other than our rules.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
March 2020.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;