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The Executive Director of the Agency is authorized to promulgate these rules based upon section
5 of the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26425; section 206 of the
Medical Marihuana Facilities Licensing Act, 2016 PA 281, MCL 333.27206; sections 7 and 8 of
the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27957 and
333.27958; The Marihuana Tracking Act, 2016 PA 282, MCL 333.27901 to 333.27904; 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. A portion of the rules are required by 2021 PA 56, 2021 PA 57, 2021 PA 59, and 2021 PA 62.
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. 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?
No.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
No.
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. 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