MARIHUANA REGULATORY AGENCY  
PUBLIC HEARING  
September 27, 2021  
Prepared by  
Phone: 800.632.2720  
Fax: 800.968.8653  
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MARIHUANA REGULATORY AGENCY PUBLIC HEARING  
September 27, 2021  
STATE OF MICHIGAN  
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
MARIHUANA REGULATORY AGENCY  
PUBLIC HEARING  
525 West Ottawa Street, Lansing, Michigan  
Monday, September 27, 2021, 9:30 a.m.  
APPEARANCES:  
For the Department of MS. JESSICA S. FOX (P70937)  
Licensing and  
Regulatory Affairs:  
MRA/LARA - State of Michigan  
2407 North Grand River Avenue  
Lansing, Michigan 48906  
Also Present:  
RECORDED BY:  
Andrew Brisbo, Executive Director,  
Marijuana Regulatory Agency  
Kelly Kronner  
Emilee Nielsen, CER 9361  
Certified Electronic Recorder  
Network Reporting Corporation  
Firm Registration Number 8151  
1-800-632-2720  
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MARIHUANA REGULATORY AGENCY PUBLIC HEARING  
September 27, 2021  
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TABLE OF CONTENTS  
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Statement by Ms. Fox . . . . . . . . . . . . . . . . . . . 3  
Statement by Mr. Brisbo. . . . . . . . . . . . . . . . . . 3  
Public comment by Tiffany Coleman. . . . . . . . . . . .5,30  
Public comment by W. Michael Webster . . . . . . . . . . . 7  
Public comment by John Fraser. . . . . . . . . . . . . . . 9  
Public comment by Shelly Edgerton. . . . . . . . . . . . .13  
Public comment by Kellen Brandon . . . . . . . . . . . . .20  
Public comment by Robin Schneider. . . . . . . . . . . . .24  
Public comment by Joseph Cranmore. . . . . . . . . . . . .25  
Public comment by Travis Copenhaver. . . . . . . . . . . .26  
Public comment by Hayley Tomich. . . . . . . . . . . . . .29  
Final statement by Mr. Brisbo. . . . . . . . . . . . . . .32  
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MARIHUANA REGULATORY AGENCY PUBLIC HEARING  
September 27, 2021  
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Lansing, Michigan  
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Monday, September 27, 2021 - 9:38 a.m.  
MS. FOX: Good morning, everyone. My name is  
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Jessica Fox. And to my left is Director Andrew Brisbo. And  
we will be facilitating the hearing this morning on behalf  
of the Marijuana Regulatory Agency. So this is a public  
hearing on the proposed administrative rules. Now bear with  
me as I list all of these out: marihuana disciplinary  
proceedings 2020-117 LR, marihuana hearings 2020-118 LR,  
marihuana infused products and edible products 2020-119 LR,  
marihuana licensees 2020-120 LR, marihuana licenses 2020-122  
LR, marihuana sale or transfer 2020-123 LR, marihuana  
sampling and testing 2020-124 LR, marihuana employees  
2021-10 LR, and marihuana declaratory rulings 2021-29 LR.  
This hearing is being conducted pursuant to provisions  
required by and with the authority conferred on the  
executive director of the agency, who is authorized to  
promulgate these rules based on section 206 of the MMFLA,  
sections 7 and 8 of MRTMA, section 5 of the Michigan Medical  
Marihuana Act and the Marihuana Tracking Act, along with  
Executive Reorganization order number 2019-2.  
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MR. BRISBO: This hearing is being called to order  
at 9:40 a.m. on September 27th, 2021, at the Williams  
Building, first floor auditorium in Lansing, Michigan. This  
hearing was published in three newspapers of general  
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circulation as well as the Michigan Register published on  
September 1st, 2021. Thank you all for joining us today.  
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Please know we're here to receive your comments on the  
proposed rules. If you are interested in making other types  
of comments to the agency, we do have a public -- our  
quarterly public meeting scheduled Wednesday of this week.  
We would like to limit comments at this hearing to the  
proposed rules. So please keep your comments limited to  
those topics. We have provided an option to join this  
meeting via Zoom webinar for members of the public who will  
be unable to attend in person. Please note that public  
testimony -- testimony will only be available for those  
attending the meeting in person. However, you may submit  
comments in writing until 5:00 p.m. today at MRA-  
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MS. FOX: So if you wish to speak today, please  
make sure that you've filled out a comment card with your  
name and the rule number or the citation that you would like  
to be commenting on today. When you come forward to speak,  
please state your name and the rule number or citation that  
you're going to be commenting on so that this information  
may be transcribed into the hearing report. Particular  
comment is helpful when the staff review your comments in  
the transcript after today. Additionally, please try to  
limit your comments to five minutes. If you do need more  
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September 27, 2021  
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time, please consider submitting additional comments by  
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email to the address Director Brisbo just stated and is also  
on the notice. Written comment will be accepted until  
September 27th, 2021 at 5:00 p.m. Please remember the  
public comment today is an opportunity for members of the  
public to comment, not obtain feedback, engage in  
discussions or dialogue, or receive answers from the agency.  
We're here today to listen to you and your comments on the  
rules. So please be sure when you come to the microphone  
that you state your name and the rule number that you will  
be commenting on. Thank you.  
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MR. HARNS: You'll need to speak really close to  
the microphone. And we'll be cleaning them between uses,  
so --  
MS. FOX: Okay. The first person I have for  
public comment is Tiffany Coleman from Carbidex/Franklin  
Fields of Michigan ASA.  
COMMENTS  
BY MS. COLEMAN:  
MS. COLEMAN: Can you hear me? More louder? More  
closer? I have -- I have comments on three of the rules.  
The first one is for -- on 2020-124 LR 420.306 new  
subsection 3, which is on Aspergillus. I wanted to indicate  
that Aspergillus can be remediated, although the rule says  
that it shall not, that there -- a majority of operators in  
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September 27, 2021  
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the state are remediating prior to testing, that the threat  
posed by Aspergillus is specific to mycotoxins that can be  
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created that are, you know, pathogenic and can cause harm.  
And therefore it should not be that Aspergillus testing  
would be what forces things to not be remediated. But  
mycotoxin testing specific to those pathogens that are  
created by the Aspergillus. And that should -- the rule  
should be updated to indicate that, especially since  
currently remediation is occurring prior to testing in the  
state, which would mean that those mycotoxins would still be  
present in the plant and able to harm people without -- and  
passing test results. The next section is from 2020-120 LR,  
420.11 (a) on agreements. This is a new section which  
appears to be aligned with a previously published bulletin.  
However, it -- I had noted that the definition of profits  
has not been provided anywhere in the document. So it is  
insufficient to allow for accounting clarity. Is it profit  
as revenue? Profits after losses accrued profit only on  
specific certain items as defined in an agreement, profits  
for all things at a -- a single entity or all things that a  
group of entities that would be aligned. And also this  
would completely preclude non-profits or zero profit  
companies from being able to have agreements in the space,  
which seems inappropriate and limiting for companies that  
are already operating in that way. Thank you. And the last  
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September 27, 2021  
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one from 2020-124 LR, it’s 420.305 (9)©, the new calculation  
of total THC. I wanted to make sure that the agency was  
aware that from a consumer standpoint as well as from a  
producer's standpoint, there is a significant difference  
between the different structural isomers of THC and that  
labeling something to say that a total THC quantity includes  
all of D-8, D-7, D-10, D-11 and D-9, given that they have  
different petitional efficacy would be inappropriate. And  
as such, they should be labeled and reported separately both  
on the report and on labels that are put into commerce.  
Thank you.