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C. What is the desired outcome?
The desired outcome is to protect the public health, safety, and welfare of marihuana users, both medical marihuana
patients, and adult-use consumers by ensuring that product is tested consistently to determine that it is reasonably free
from contaminants, and that the potency is reported including other cannabinoids.
7. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood
that the harm will occur in the absence of the rule.
The harm that will result is that marihuana product will not be tested consistently and will not be reasonably free from
contaminants or tested to the appropriate standards based upon newly released information. There is also the
possibility that consumers could be affected by the other cannabinoid profiles in products that are not currently
considered when testing and calculating potency.
A. What is the rationale for changing the rules instead of leaving them as currently written?
The rationale for changing these rules is to create greater consistency in the testing of marihuana product and to
ensure that testing standards are updated based upon recent U.S. Food & Drug Administration, Centers for Disease
Control Prevention, and Michigan Department of Health and Human Services concerns. The rationale is also to
include other intoxicating cannabinoid profiles in the reported potency of a product to protect the consumer. This
cannot be done with the rules as currently written.
8. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a
regulatory environment in Michigan that is the least burdensome alternative for those required to comply.
The proposed rule changes create consistent requirements in the testing of marihuana product that will be available to
medical marihuana patients as well as adult-use consumers. They are structured to ensure that marihuana product is
reasonably free from contaminants for all users and that the potency includes all intoxicating cannabinoid profiles
reasonably known at this time. The proposed rule changes ensure safer marijuana product, which protects the health,
safety and welfare of citizens, while standardizing requirements for testing also promotes a regulatory environment
with a reduced burden of compliance. Consistent standards promote compliance.
9. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.
These rules are updating the Marihuana Sampling & Testing Rule Set (R 420.301 to R 420.308). The proposed rule
changes do not make any other rules obsolete, unnecessary, or proper for rescission.
Fiscal Impact on the Agency
Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,
higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently
expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of
time saved or lost, etc., unless those issues result in a measurable impact on expenditures.
10. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings
for the agency promulgating the rule).
There will be no fiscal impact on the agency. The agency already manages both medical marihuana facilities
licensing and adult-use marihuana licensing.
11. Describe whether or not an agency appropriation has been made or a funding source provided for any
expenditures associated with the proposed rules.
No appropriations have been made to any governmental units because of these rule changes. No additional
expenditures are anticipated or intended with the proposed rule changes.
12. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the
burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative
acts.
The rules must ensure the safety, security, and integrity of the operation of marihuana businesses. Any burdens
would be in place as required by the MMFLA, MTA, and MRTMA. The application/licensing process requires
documentation, fingerprinting, etc. that will be at a financial and administrative cost. There are rules required for the
use of a statewide monitoring system which will place a burden on the individual but is statutorily required. These
items are already in place so there will be no increased burden.
A. Despite the identified burden(s), identify how the requirements in the rules are still needed and reasonable
compared to the burdens.
MCL 24.245(3)