Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Cannabis Regulatory Agency  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Industrial Hemp Rules for Marihuana Businesses  
5. Rule numbers or rule set range of numbers:  
R 420.1001 – 420.1004  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Jacob Nevin  
E-mail of person filling out RFR:  
NevinJ2@michigan.gov  
Phone number of person filling out RFR:  
517-284-8583  
Address of person filling out RFR:  
2407 North Grand River Avenue, Lansing, Michigan 48906  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
To update the rules as required by 2021 PA 56, which amends the Michigan Regulation and  
Taxation of Marihuana Act; 2021 PA 57, which amends the Medical Marihuana Facilities  
Licensing Act; 2021 PA 59, which amends the Marihuana Tracking Act; and 2021 PA 62, which  
amends the Michigan Medical Marihuana Act to change the definitions of both industrial hemp  
and marihuana and requires the Cannabis Regulatory Agency to promulgate rules under the acts.  
Also, to update rules as required by Executive Reorganization Order No. 2022-1 to update  
language that was once the authority of the Michigan Department of Agriculture and Rural  
Development to the Cannabis Regulatory Agency.  
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  
5 of the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26425; Section 206 of the  
Medical Marihuana Facilitates 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, et al.; and Executive  
Reorganization Order Nos. 2019-2 and 2022-1, MCL 333.27001 and MCL 333.27002.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Yes. 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?  
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?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
These rules are being promulgated under Section 44 of the APA because they are required to make  
obviously needed corrections to make the rule conform to an amended statute.  
MCL 24.239  
;