Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Cannabis Regulatory Agency  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Marihuana Rules  
5. Rule numbers or rule set range of numbers:  
R 420.1 to R 420.1004  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Derek Sova  
E-mail of person filling out RFR:  
SovaD@michigan.gov  
Phone number of person filling out RFR:  
517-643-0757  
Address of person filling out RFR:  
2407 N. Grand River Ave., P.O. Box 30205, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
To make various updates and revisions to the existing Marihuana Rules, including updating,  
revising, and clarifying requirements pertaining to applicants for licenses and licensees, the social  
equity program, the operation of marijuana businesses, production of marijuana products,  
transporting and delivering products, advertising and labeling, sampling and testing, using the  
statewide monitoring system, annual financial statements, and more.  
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 under 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; section 3 of the Marihuana Tracking Act, 2016 PA 282, MCL  
333.27903; 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.  
MCL 333.27206 requires the agency to promulgate rules as necessary to implement, administer,  
and enforce the MMFLA. MCL 333.27958 requires the agency to promulgate rules to implement  
and administer the MRTMA.  
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 or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level. There are no other regulations governing  
the cultivation, production, transportation, testing, or sales of commercial marijuana in Michigan  
apart from these Marihuana Rules.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of some of the proposed rule revisions are currently contained in bulletins  
published by the Agency.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The annual regulatory plan lists proposed revisions to eight of the previous eleven separate  
marijuana rule sets (see question #15). This request for rulemaking to revise the Marihuana Rules  
will cover all eleven of the former rule sets that now make up the Marihuana Rules.  
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 exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level. There are no other regulations governing the cultivation,  
production, transportation, testing, or sales of commercial marijuana in Michigan apart from these  
Marihuana Rules.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes, Agency personnel regularly meet with many stakeholder groups and actively solicit feedback  
on ways to improve Michigan’s regulatory environment. Some of the specific changes that will be  
made to the Marihuana Rules are the result of feedback received from those conversations.  
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.  
The Marihuana Rules is a new rule set that was created in February 2023 by combining eleven  
existing separate rule sets. No substantive changes were made to individual rules at that time. The  
eleven former rule sets were last revised in March 2022. Since March 2022, the still young  
regulated marijuana industry has continued to evolve, simultaneously affecting and responding to  
economic conditions within the market. The total number of licensees has continued to increase,  
prices have decreased, and market participants continue to shift toward adult-use marijuana  
production and consumption and away from medical marijuana.  
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?  
Yes. When the eleven former rule sets were combined it resulted in redundant rules being  
included. Those redundant rules will be rescinded. Additionally, some existing rules were first  
promulgated during the early existence of the commercial marijuana market and have since proven  
unnecessary. Those rules will be rescinded or revised.  
MCL 24.239  
RFR-Page 3  
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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;