reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2011 - Cash or unencumbered securities; payment of judgments

Current through Vol. 24-12, July 15, 2024
Rule 11. Cash or unencumbered securities which have been
				  provided to the commission as proof of financial responsibility shall not be
				  paid or released by the commission to any claimant to satisfy a judgment
				  pursuant to section 801 of 1998 P.A. 58, MCL 436.1801, unless the commission
				  receives a court order requiring the payment or release.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2013 - Cash or unencumbered securities; release

Current through Vol. 24-12, July 15, 2024
Rule 13. When the commission releases all or any portion of
				  cash or unencumbered securities to a claimant, the retail licensee shall
				  immediately provide additional cash or unencumbered securities to the
				  commission so as to restore, to not less than $50,000.00, the total value of
				  cash and unencumbered securities. If a licensee fails to provide additional
				  cash or unencumbered securities, the license shall be suspended pursuant to the
				  provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201
				  et seq. of the Michigan Compiled Laws, until such time as additional cash or
				  unencumbered securities have been provided to the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2015 - Cash or unencumbered securities; request for return

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) Cash or
				unencumbered securities provided to the commission as proof of financial
				responsibility shall not be returned to the retail licensee unless either of
				the following conditions applies:
(a) Two
				years have transpired since the date the license was transferred, revoked,
				cancelled, suspended, or placed in escrow with the commission.
(b) Two years have transpired since the date
				the licensee provided another acceptable form of proof of financial
				responsibility.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2017 - Failure to provide proof of financial responsibility

Current through Vol. 24-12, July 15, 2024
Rule 17. If at any time a retail licensee fails to maintain
				  proof of financial responsibility as required by section 803 of 1998 P.A. 58,
				  MCL 436.1803, the license shall be immediately suspended pursuant to the
				  provisions of 1969 P.A. 306, MCL24.201 et seq., until such time as the licensee
				  provides to the commission proof of financial responsibility as required by
				  section 803 of 1998 P.A. 58, MCL 436.1803.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2019 - Constant value bond; requirements

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A
				retail licensee who provides a constant value bond as proof of financial
				responsibility shall not cancel such bond, except upon 30 days' prior written
				notice to the commission. Unless new proof of financial responsibility is
				obtained by the retail licensee and delivered to the commission before the
				expiration of the 30-day period, the license of that licensee shall be
				suspended until such time as another acceptable proof of financial
				responsibility is provided to the commission.
(2) A surety company which has issued a
				constant value bond of not less than $50,000.00 as proof of financial
				responsibility shall notify the commission, in writing, not less than 30 days
				before termination or cancellation of the bond.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Financial Responsibilities › Section R. 436.2021 - Failure to provide proof of financial responsibility; hearings; revocation

Current through Vol. 24-12, July 15, 2024
Rule 21. A retail license shall not be revoked or suspended
				  without due process for failure to provide proof of financial responsibility,
				  including an expedited hearing pursuant to the provisions of Act No. 306 of the
				  Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled
				  Laws. A retail license shall not be revoked or suspended because of the
				  licensee's failure to provide proof of financial responsibility, if the proof
				  had been subsequently provided before the commission's final revocation or
				  suspension order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Size Classification Rules › Section R. 445.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules "act" means the Initiated Law of 1976, being S445.571 et seq. of
				the Michigan Compiled Laws.
(2) The
				terms defined in the act have the same meaning when used in these rules, unless
				otherwise indicated.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Liquor Control Commission › Size Classification Rules › Section R. 445.3 - Size classifications

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				commission may certify beverage containers for beverages other than beer, ale,
				or other malt drink of whatever alcoholic content.
(2) The commission may certify beverage
				containers in 1 of the following size classifications; 7 oz.; 12 oz.; 16 oz.;
				32 oz.; 64 oz.; 128 oz.; 2 liters.
(3) Additional size classifications may be
				certified if the beverage container is in compliance with section 2(7) and
				section 3(2), (3), and (4) of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.2 - Licensure; application; background investigation; consent to inspections, investigations, and audits; disclosure of confidential records; interest in other state license; fee; additional costs

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A person
				may apply to the agency for marihuana licenses and special licenses as provided
				in the acts and these rules.
(2)
				The agency shall use information provided on the application as a basis to
				conduct a thorough background investigation on the applicant. The agency shall
				notify the applicant of a deficiency and provide instructions for submitting a
				complete application. The applicant shall timely respond to the notice of the
				deficiency in accordance with R. 420.5.
(3) An applicant must provide written consent
				to investigations of compliance, regular inspections, examinations, searches,
				seizures, and auditing of books and records and to disclosure to the agency and
				its agents of otherwise confidential records, including tax records held by any
				federal, state, or local agency, or credit bureau or financial institution,
				while applying for or holding a marihuana license as authorized under the acts
				and these rules.
(4) An applicant
				must certify that the applicant does not have any interest in any other
				marihuana license that is prohibited under the acts.
(5) A nonrefundable application fee must be
				paid at the time of filing to defray the costs associated with the background
				investigation conducted by the agency. The agency shall set the amount of the
				application fee for each category and class of license by rule. If the costs of
				the investigation and processing the application exceed the application fee,
				the applicant shall pay the additional amount to the agency. All information,
				records, interviews, reports, statements, memoranda, or other data supplied to
				or used by the agency in the course of its review or investigation of an
				application for a marihuana license under the acts shall be disclosed only in
				accordance with the acts.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.3 - Application procedure; requirements

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A person
				shall apply for a marihuana license on the form created by the agency and pay a
				nonrefundable application fee at the time the application is submitted. The
				applicant shall answer each question on the application, under oath, in its
				entirety. All attestations, disclosures, and information requested and required
				by the agency, the acts, and these rules must be submitted in the application.
				Failure to comply with these rules and the application requirements in the acts
				is grounds for denial of the application.
(2) A person may submit a partial application
				under these rules on the condition that it is to prequalify to complete the
				remaining application requirements. This application has a pending status until
				all application requirements in these rules are completed, or the agency denies
				the partial or complete application. The agency shall not issue a marihuana
				license at this stage of the application process. The finding of
				prequalification status for a pending application is valid for 2
				year
s
after the agency issues a notice of prequalification status.
				After 2 years has expired, the applicant may be required to submit a new
				application and pay a new nonrefundable application fee.
(3) A partial application filed to obtain
				prequalification status may be administratively withdrawn if the application
				was filed and has been pending for more than 1 year. After a partial
				application has been administratively withdrawn, the applicant may be required
				to submit a new application and pay a new nonrefundable application
				fee.
(4) The agency may request
				additional disclosures and documentation from an applicant. The applicant shall
				submit the information requested by the agency within 5 days pursuant to R
				420.5 or the application may be denied.
(5) The agency may administratively withdraw
				an application for a marihuana license that was submitted and has been pending
				for more than 1 year. After an application has been administratively withdrawn,
				the applicant may be required to submit a new application.
(6) The agency may administratively withdraw
				an amendment to any application or marihuana license if the applicant or
				licensee fails to respond or submit documentation to cure all deficiencies
				within 30 days after notice of the deficiency.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.4 - Application requirements; financial and criminal background

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Each
				applicant shall disclose the identity of any other person who controls, either
				directly or indirectly, the applicant, including, but not limited to, date of
				birth, government issued identification, and any other documents required by
				the agency.
(2) Each applicant
				shall disclose the financial information required in the acts and these rules
				on a form created by the agency, which may include the following:
(a) For an applicant seeking licensure under
				the MMFLA, required information may include, but is not limited to, all of the
				following:
(i) Financial statements regarding
				all of the following:
(A) A pecuniary
				interest.
(B) Any deposit of value
				of the applicant or made directly or indirectly to the applicant, or
				both.
(C) Financial accounts
				including, but not limited to, all of the following: funds, savings, checking,
				or other accounts including all applicable account information, such as the
				name of the financial institution, names of the account holders, account type,
				account balances, and a list of all loan types specified by the agency,
				amounts, securities, or lender information.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.5 - Application requirements; complete application

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				complete application for a marihuana license must include all the information
				required in R 420.2 to R 420.4, R 420.7 to R 420.10, and all of the following:
(a) A description of the type of marihuana
				business that includes all of the following:
(i) An estimate or actual number of
				employees.
(ii) A business
				plan.
(iii) The proposed location
				of the marihuana business.
(iv) A
				security plan, as required under the acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.7 - Application; fees; assessment

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) At the
				beginning of each state fiscal year, the agency may increase the fees collected
				under the MRTMA by 10% in order to pay for implementation, administration, and
				enforcement of that act and these rules.
(2) An applicant for a marihuana license
				shall submit an application that is accompanied by the nonrefundable
				application fee of $3,000.
(3) If
				the costs of the investigation and processing the application exceed the
				application fee, the applicant shall pay the additional amount.
(4) Additional fees for state licenses under
				MRTMA are listed in table 1:
TABLE 1
State License Type
Initial Licensure and Renewal
								Fees
Class A Marihuana Grower
$1,200
Class B Marihuana Grower
$6,000
Class C Marihuana Grower
$24,000
Designated Consumption
								Establishment
$1,000
Excess Marihuana Grower
$24,000
Marihuana Event Organizer
$1,000
Marihuana Microbusiness
$8,300
Class A Marihuana Microbusiness
$18,600
Marihuana Processor
$24,000
Marihuana Retailer
$15,000
Marihuana Safety Compliance
								Facility
$15,000
Marihuana Secure Transporter
$15,000
Temporary Marihuana Event
See R 420.26
Marihuana Educational Research
N/A
(5)
				The agency shall establish and publish annually the regulatory assessment for
				licensees under the MMFLA pursuant to section 603 of the MMFLA, MCL
				333.27603.
(6) An applicant shall
				pay the initial licensure fees or regulatory assessment, if applicable, on or
				before the date the licensee begins operating and the renewal fee annually
				thereafter, pursuant to these rules.
(7) The agency shall not issue a marihuana
				license until a complete application is submitted, the fees required under
				these rules are paid, and the agency determines that the applicant is qualified
				to receive a marihuana license under the acts and these rules. An applicant
				under the MRTMA must pay initial licensure fees within 10 calendar days of
				approval of the marihuana license or within 90 calendar days of submitting a
				complete application, whichever date is first. An applicant under the MMFLA
				must pay initial licensure fees within 10 calendar days of approval of the
				marihuana license. An applicant must pay renewal fees upon submission of the
				application for renewal. Failure to pay the required fee may be grounds for the
				denial of a marihuana license in accordance with R 420.12.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.8 - Marihuana business location plan

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) An
				applicant shall submit a marihuana business location plan for the proposed
				marihuana business as required in these rules and upon request by the agency.
				Upon the request of the agency, an applicant or licensee may be required to
				submit a revised marihuana business location plan.
(2) The marihuana business location plan must
				include, at a minimum
,
all of the following:
(a) The type of proposed marihuana business,
				the location of the marihuana business, a description of the municipality where
				the marihuana business will be located, and any of the following, if
				applicable:
(i) A statement that a combination
				of marihuana licenses will operate as separate marihuana businesses at the same
				location, as provided under these rules.
(ii) A statement in the marihuana business
				location plan that the applicant has or intends to apply to stack a marihuana
				license at the proposed marihuana business as provided under these
				rules.
(iii) For an applicant
				seeking licensure under the MRTMA, a statement that equivalent licenses will
				operate at the same location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.10 - Proof of financial responsibility; insurance

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Before
				a marihuana license is issued or renewed, the licensee or renewal applicant
				shall file a proof of financial responsibility for liability for bodily injury
				to lawful users resulting from the manufacture, distribution, transportation,
				or sale of adulterated marihuana or adulterated marihuana-infused products on
				the form prescribed by the agency, for an amount not less than $100,000.00. If
				the proof required in this subrule is a bond, the bond must be in a format
				acceptable to the agency.
(2) In
				addition to the requirements in subrule (1) of this rule, a marihuana
				transporter shall show proof of auto insurance, vehicle registration, and
				registration as a commercial motor vehicle, as applicable, for any vehicles
				used to transport marihuana product as required by the acts and these
				rules.
(3) For an applicant seeking
				licensure for a marihuana event organizer license under the MRTMA, proof of
				financial responsibility for liability for bodily injury is not required. A
				marihuana event organizer licensee shall file a proof of financial
				responsibility for liability for bodily injury when applying for a temporary
				marihuana event license or proof that each marihuana microbusiness, class A
				marihuana microbusiness, and marihuana retailer participating in the temporary
				marihuana event has coverage for liability for bodily injury when applying for
				a temporary marihuana event license.
(4) In addition to the proof of financial
				responsibility requirements contained in subrule (1) of this rule, a renewal
				applicant or licensee holding a license under the MMFLA shall also carry
				commercial general liability insurance covering premises liability for an
				amount not less than $100,000.00. An applicant shall provide proof of
				commercial general liability insurance covering the premises liability to the
				agency no later than 60 days after a state operating license is issued or
				renewed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.11 - Capitalization requirements; medical marihuana facilities licensing act

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				applicant for initial licensure under the medical marihuana facilities
				licensing act shall disclose the sources and total amount of capitalization to
				operate and maintain a proposed marihuana facility.
(2) The total amounts of capitalization based
				on the type of marihuana facility specified in the application for a state
				operating license are as follows:
(a) Grower
				- Class A: $150,000.00.
(b) Grower
				- Class B: $300,000.00.
(c) Grower
				- Class C: $500,000.00.
(d)
				Processor: $300,000.00.
(e)
				Provisioning Center: $300,000.00.
(f) Secure Transporter:
				$200,000.00.
(g) Safety Compliance
				Facility: $200,000.00.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.11a - Prelicensure investigation; proposed marihuana business inspection

Current through Vol. 24-12, July 15, 2024
Rule 11a.
(1) An
				applicant for a marihuana license shall submit to and pass a prelicensure
				physical inspection of a proposed marihuana business, prior to licensure, as
				determined by the agency.
(2) The
				agency shall establish an inspection process to confirm that the applicants and
				proposed marihuana businesses meet the requirements of the acts and these
				rules.
(3) The agency shall
				investigate an applicant pursuant to the acts and these rules.
(4) The agency, through its investigators,
				agents, auditors, or the state police shall conduct inspections and
				examinations of an applicant and a proposed marihuana business pursuant to the
				acts and these rules.
(5) An
				applicant shall submit to the agency proof of both of the following:
(a) A certificate of use and occupancy as
				required pursuant to section 13 of the Stille-DeRossett-Hale single state
				construction code act, 1972 PA 230, MCL 125.1513, and these rules. If this
				certificate is not available, the agency may accept alternative documentation
				from the building authority. The requirement of this subrule is not applicable
				to temporary marihuana event applicants.
(b) If applicable, a fire safety inspection
				as specified in these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.14 - Notification and reporting

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
				Applicants have a continuing duty to provide the agency with up-to-date contact
				information and shall notify the agency in writing of any changes to the
				mailing addresses, phone numbers, electronic mail addresses, and other contact
				information they provide the agency.
(2) Applicants shall report to the agency any
				changes to the marihuana business operations that are required in the acts and
				these rules, as applicable.
(3)
				Applicants shall report to the agency any proposed material changes to the
				marihuana business before making a material change. Material changes include,
				at a minimum, the following:
(a) Change in
				owners, officers, members, or managers.
(b) Change of processing machinery or
				equipment.
(c) The addition or
				removal of persons named in the application or disclosed.
(d) Change in entity name.
(e) Any attempted transfer, sale, or
				conveyance of an interest in a marihuana license.
(f) Any change or modification to the
				marihuana business before or after licensure that was not preinspected,
				inspected, or part of the marihuana business location plan or final inspection
				including, at a minimum, all of the following:
(i) Operational or method changes requiring
				inspection under these rules.
(ii)
				Additions or reductions in equipment or processes at a marihuana
				business.
(iii) Increase or
				decrease in the size or capacity of the marihuana business.
(iv) Alterations of ingress or
				egress.
(v) Changes that impact
				security, fire safety, and building safety.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.15 - Notifications of diversion, theft, loss, or criminal activity

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1)
				Applicants shall notify the agency and local law enforcement authorities within
				24 hours of becoming aware of or within 24 hours of when the applicant should
				have been aware of the theft or loss of any marihuana product or criminal
				activity at the marihuana business.
(2) Failure to notify as required under
				subrule (1) of this rule may result in sanctions or fines, or both.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.16 - Inspection; investigation

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
				agency shall do all of the following with respect to inspections and
				investigations of applicants, licensees, proposed marihuana businesses, and
				marihuana business operations:
(a) Oversee and
				conduct inspections through its investigators, agents, auditors, or the state
				police of proposed marihuana businesses and marihuana businesses to ensure
				compliance with the acts and these rules.
(b) Inspect and examine marihuana businesses
				and proposed marihuana businesses.
(c) Inspect, examine, and audit records of
				the licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.17 - Stacked license

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				licensee holding a license as a grower under the medical marihuana facilities
				licensing act, or a marihuana grower under the Michigan regulation and taxation
				of marihuana act, or both, may apply to stack class C licenses at a marihuana
				business specified in the marihuana license application. The licensee shall pay
				a separate initial licensure fee or regulatory assessment, as applicable, for
				each marihuana license issued and stacked and may be subject to additional fees
				under these rules.
(2) A licensee
				that has been issued stacked licenses is subject to all the requirements of the
				acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.18 - Changes to licensed marihuana business

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) Any
				change or modification to the marihuana business after licensure is governed by
				the standards and procedures set forth in these rules and any regulations
				adopted pursuant to the acts. Any material change or modification to the
				marihuana business must be approved by the agency before the change or
				modification is made.
(2) Any
				change of a location of a marihuana business after licensure requires
				notification to the agency prior to the change of location, must be approved by
				the agency, requires a new marihuana license application under these rules, and
				may include, but is not limited to, all of the following:
(a) Additional application fees.
(b) Additional inspections by the agency or
				BFS.
(c) Initial licensure fees or
				regulatory assessment, as applicable, or both.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.19 - Communities disproportionately impacted by marihuana prohibition

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1)
				Pursuant to section 8 of the MRTMA, MCL 333.27958, the agency shall establish a
				plan that promotes and encourages participation in the marihuana industry by
				people from communities that have been disproportionately impacted by marihuana
				prohibition and enforcement and to positively impact those
				communities.
(2) The agency shall
				publish all of the following information about the plan:
(a) The criteria used to select communities
				that have been disproportionately impacted by marihuana prohibition and
				enforcement.
(b) Based on the
				selection criteria, a list of the communities that have been disproportionately
				impacted by marihuana prohibition and enforcement.
(c) The requirements persons in those
				communities must meet to utilize services and resources offered through the
				plan.
(d) The services and
				resources that are available to those communities and qualifying persons
				residing in and planning to operate a marihuana establishment in those
				communities selected in subdivision (b) of this subrule.
(e) Specific goals and objectives for the
				plan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.20 - Financial statements

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Each
				licensee under the MRTMA shall transmit to the agency financial statements of
				the licensee's total operations. The financial statements shall be reviewed by
				a certified public accountant in a manner and form prescribed by the agency.
				The certified public accountant must be licensed in this state under article 7
				of the occupational code, 1980 PA 299, MCL 339.720 to 339.736. The compensation
				for the certified public accountant must be paid directly by the licensee to
				the certified public accountant. The agency shall issue an advisory bulletin to
				instruct licensees on the time and manner in which to submit the financial
				statements. Financial statements must be prepared so they include all required
				information for each license held by the licensee.
(2) A marihuana educational research licensee
				is not required to file an annual financial statement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.21 - Special licenses; eligibility

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) A
				  person may apply to the agency for a special license as described under section
				  8 of the MRTMA, MCL 333.27958, and issued pursuant to section 9 of the act, MCL
				  333.27959, and these rules. A person may apply to the agency for a special
				  license in any of the following categories:
(a) Designated consumption establishment
				  license. A designated consumption establishment license is valid for 1
				  year.
(b) Excess marihuana grower
				  license. An excess marihuana grower license is valid for 1 year.
(c) Marihuana event organizer license. A
				  marihuana event organizer license is valid for 1 year.
(d) Temporary marihuana event license. A
				  temporary marihuana event license is valid for a minimum of 1 day and ends on
				  the date specified on the state license.
(e) Marihuana educational research license. A
				  marihuana educational research license is valid for 1 year.
(f) A class A marihuana microbusiness
				  license. A class A marihuana microbusiness license is valid for 1
				  year.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.22 - Designated consumption establishment license

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) An
				  applicant for a designated consumption establishment license is subject to and
				  shall meet the requirements of the Michigan regulation and taxation of
				  marihuana act and these rules.
(2)
				  A person may apply for a designated consumption establishment license on the
				  form created by the agency accompanied by the nonrefundable application fee as
				  prescribed in these rules. An application for a designated consumption
				  establishment license must be made under oath on a form provided by the agency.
				  A complete application for a designated consumption establishment license must
				  contain the information required in these rules and information regarding the
				  designated consumption establishment including, but not limited to, all of the
				  following:
(a) A designated consumption
				  establishment plan for the proposed consumption establishment. Upon the request
				  of the agency, an applicant or licensee may be required to submit a revised
				  designated consumption establishment plan. The plan must include a diagram of
				  the designated consumption establishment including, but not limited to, all of
				  the following:
(i) The proposed establishments
				  size and dimensions.
(ii)
				  Specifications of the designated consumption establishment.
(iii) Physical address.
(iv) Location of common entryways, doorways,
				  or passageways.
(v) Means of public
				  entry or exit.
(vi) An indication
				  of the distinct areas or structures for separate marihuana establishments at
				  the same location as provided in these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.23 - Excess marihuana grower license

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) An
				  applicant for an excess marihuana grower license is subject to and shall meet
				  the requirements of the MRTMA and these rules.
(2) An excess marihuana grower license
				  authorizes sale of marihuana, other than seeds, seedlings, tissue cultures,
				  immature plants, and cuttings, to a marihuana processor or marihuana
				  retailer.
(3) An excess marihuana
				  grower license may be issued only to a person who holds 5 stacked class C
				  marihuana grower licenses issued by the agency under the MRTMA and at least 2
				  grower class C licenses issued by the agency under the MMFLA.
(4) A person may apply for an excess
				  marihuana grower license on the form created by the agency accompanied by the
				  nonrefundable application fee as prescribed in these rules. An application for
				  an excess marihuana grower license must be made under oath on a form provided
				  by the agency and must contain information as prescribed by the
				  agency.
(5) An applicant for an
				  excess marihuana grower license shall pay applicable fees required under these
				  rules.
(6) The agency may determine
				  an applicant is ineligible or deny an application for the reasons specified in
				  these rules.
(7) The agency shall
				  set the total marihuana plant count for an excess marihuana grower license in
				  increments of 2,000 marihuana plants not in excess of the total marihuana
				  plants permitted under grower class C licenses held under the MMFLA.
(8) Payment of the initial licensure fee must
				  be received prior to issuance of the state license. In determining the initial
				  licensure fee for an excess marihuana grower license, the initial licensure fee
				  of a class C marihuana grower license is assessed on the excess marihuana
				  grower license at every 2,000 marihuana plant increment authorized by the state
				  license.
(9) An excess marihuana
				  grower licensee is subject to all requirements for a marihuana grower as
				  provided for in the MRTMA and these rules, as applicable.
(10) An applicant shall pay the initial
				  licensure fee for an excess grower license within 10 calendar days of approval
				  or within 90 calendar days of submitting a complete application, whichever date
				  is first.
(11) An applicant for an
				  excess grower license is not required to pay the application fee under these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.24 - Marihuana event organizer license

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) A
				  marihuana event organizer is not authorized to engage in the operations of a
				  marihuana establishment licensee without first obtaining the appropriate
				  licenses.
(2) A person may apply
				  for a marihuana event organizer license on the form created by the agency
				  accompanied by the application fee as prescribed in these rules. An application
				  for a marihuana event organizer license shall be made under oath on a form
				  provided by the agency and shall contain information as prescribed by the
				  agency.
(3) An applicant for a
				  marihuana event organizer license is subject to and shall meet the requirements
				  of these rules, as applicable.
(4)
				  An applicant for a marihuana event organizer license shall pay the
				  nonrefundable application fee and any other fees required under these
				  rules.
(5) The agency may determine
				  an applicant is ineligible or deny an application for the reasons specified in
				  these rules, as applicable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.26 - Temporary marihuana event fee

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) Each
				  marihuana event organizer licensed to hold a temporary marihuana event in this
				  state shall pay an initial licensure fee that consists of both of the
				  following:
(a) For temporary marihuana events
				  that do not include the sale of marihuana products, a $500.00 fee for each day
				  of the scheduled event to cover the agency's enforcement and compliance
				  costs.
(b) For temporary marihuana
				  events that include the sale of marihuana products:
(i) A $500.00 fee for each licensee
				  authorized to sell marihuana product at the event to cover the agency's
				  enforcement and compliance costs.
(ii) A $500.00 fee for each day of the
				  temporary marihuana event to cover the agency's enforcement and compliance
				  costs.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.27a - Marihuana educational research license

Current through Vol. 24-12, July 15, 2024
Rule 27a.
(1) A
				  marihuana educational research license authorizes a licensee to do all of the
				  following:
Obtain marihuana from a marihuana establishment.
Produce marihuana products.
Perform research on marihuana and marihuana
					 products.
Dispose of marihuana and marihuana products.
(2) A licensee holding a marihuana
				  educational research license shall apply for the necessary registration from
				  the United States Drug Enforcement Administration (DEA). A licensee must
				  provide proof of registration to the agency before engaging in any licensed
				  activity.
(3) An application for a
				  marihuana educational research license must be made under oath on a form
				  provided by the agency. A complete application for a marihuana educational
				  research license must contain the information required in these rules and
				  information regarding the marihuana educational research license including, at
				  a minimum, all of the following:
(a) A
				  research plan including, at a minimum, all of the following:
(i) A written plan for documenting all
				  individuals who will have access to the location and marihuana or marihuana
				  products.
(ii) Detailed description
				  and documentation of affiliation with a degree or certificate program offered
				  by an institution of higher learning accredited by the Higher Learning
				  Commission.
(iii) A brief
				  description of the research that will be conducted.
(iv) A written plan to ensure secure delivery
				  and receipt of marihuana at the licensed location.
(v) A written plan to ensure the safe storage
				  of marihuana at the licensed location.
(vi) A written plan for the tracking of
				  marihuana quantities at the licensed location.
(vii) A written plan for the disposal of
				  marihuana after research.
(viii) A
				  floor plan of the location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.27b - Class A marihuana microbusiness

Current through Vol. 24-12, July 15, 2024
Rule 27b.
(1) An
				  applicant for a class A marihuana microbusiness license is subject to and shall
				  meet the requirements of the MRTMA and these rules.
(2) An application for a class A marihuana
				  microbusiness license must be made under oath on a form provided by the agency
				  and must contain information as prescribed by the agency.
(3) An applicant for a class A marihuana
				  microbusiness license shall pay applicable fees as required under these
				  rules.
(4) The agency may determine
				  that an applicant is ineligible for a license or may deny an application for
				  the reasons specified in these rules, as applicable.
(5) Payment of the initial licensure fee must
				  be received prior to issuance of the state license.
(6) A class A marihuana microbusiness
				  licensee is subject to all requirements for a marihuana microbusiness as
				  provided for in the MRTMA and these rules, unless modified in these
				  rules.
(7) An applicant shall pay
				  the initial licensure fee for a class A marihuana microbusiness license within
				  10 calendar days of approval or within 90 calendar days of submitting a
				  complete application, whichever date is first.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.28 - Renewal; notifications; inspections and investigations; penalties; sanctions; fines; sale or transfer

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) A
				  designated consumption establishment
,
class A marihuana
				  microbusiness, marihuana educational research license, and marihuana event
				  organizer license are issued for a 1-year period and may be renewed. An
				  applicant for renewal must meet the requirements, as applicable, and apply in
				  the manner prescribed in these rules.
(2) A designated consumption
				  establishment
,
class A marihuana microbusiness, marihuana
				  educational research license, and marihuana event organizer applicant or
				  licensee are subject to the notification and reporting requirements specified
				  in these rules
,
as applicable.
(3) A designated consumption
				  establishment
,
class A marihuana microbusiness, marihuana
				  educational research license, or marihuana event organizer licensee or licensee
				  participating in a temporary marihuana event shall comply with the notification
				  requirements for theft, loss, or criminal activity pertaining to marihuana
				  product under these rules, as applicable.
(4) An applicant for or a licensed designated
				  consumption establishment
,
class A marihuana microbusiness,
				  marihuana educational research license, or marihuana event organizer are
				  subject to the inspections and investigations specified in these rules, as
				  applicable.
(5) An applicant for or
				  a licensed designated consumption establishment, class A marihuana
				  microbusiness, marihuana educational research license, or marihuana event
				  organizer are subject to these rules regarding violations, sanctions, and
				  fines.
(6) A licensee selling
				  marihuana products at a temporary marihuana event shall comply with the
				  requirements of these rules regarding the sale or transfer of
				  marihuana.
(7) A licensee selling
				  marihuana products at a temporary marihuana event shall comply with the
				  requirements of these rules regarding purchasing limits in a single
				  transaction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Part 2 - SPECIAL LICENSES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.29 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 29. If any rule or subrule of these rules, in whole or
					 in part, is found to be invalid by a court of competent jurisdiction, such
					 decision will not affect the validity of the remaining portion of these
					 rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.102 - Marihuana grower license

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				  marihuana grower license authorizes the marihuana grower to cultivate not more
				  than the following number of marihuana plants under the indicated license class
				  for each marihuana grower license the marihuana grower holds in that class:
(a) Class A -" 100 marihuana
				  plants.
(b) Class B -" 500
				  marihuana plants.
(c) Class C -"
				  2,000 marihuana plants.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.103 - Marihuana processor license

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				  marihuana processor license authorizes the marihuana processor to purchase or
				  transfer marihuana or marihuana-infused products from only a licensed marihuana
				  establishment and sell or transfer marihuana-infused products or marihuana to
				  only a licensed marihuana establishment.
(2) Except as otherwise provided in these
				  rules and the MRTMA, a marihuana processor license authorizes a marihuana
				  processor to transfer marihuana only by means of a marihuana secure
				  transporter. A marihuana processor license authorizes a marihuana processor to
				  transfer marihuana without using a marihuana secure transporter to a marihuana
				  grower, marihuana processor, or marihuana retailer if both of the following are
				  met:
(a) The marihuana grower, marihuana
				  processor, or marihuana retailer occupies the same location as the marihuana
				  processor and the marihuana is transferred using only private real property
				  without accessing public roadways.
(b) The marihuana processor enters each
				  transfer into the statewide monitoring system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.104 - Marihuana retailer license

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				  marihuana retailer license authorizes the marihuana retailer to purchase or
				  transfer marihuana or marihuana-infused products from only a licensed marihuana
				  establishment and sell or transfer to only a licensed marihuana establishment
				  or an individual 21 years of age or older. Except as otherwise provided in
				  these rules, and the MRTMA, all transfers of marihuana to a marihuana retailer
				  from a separate marihuana establishment must be by means of a marihuana secure
				  transporter. A transfer of marihuana to a marihuana retailer from a marihuana
				  establishment that occupies the same location as the marihuana retailer does
				  not require a marihuana secure transporter if the marihuana is transferred to
				  the marihuana retailer using only private real property without accessing
				  public roadways.
(2) A marihuana
				  retailer license authorizes the marihuana retailer to transfer marihuana to or
				  from a marihuana safety compliance facility for testing by means of a marihuana
				  secure transporter or as provided in these rules.
(3) A marihuana retailer shall comply with
				  all of the following:
(a) Sell or transfer
				  marihuana to an individual 21 years of age or older only after it has been
				  tested in accordance with these rules and bears the label required for retail
				  sale.
(b) Accurately
e
nter all transactions, current inventory, and other information
				  into the statewide monitoring system as required in these rules.
(c) Before selling or transferring marihuana
				  to an individual 21 years of age or older, verify the individual appears to be
				  21 years of age or older by means of government-issued photographic
				  identification containing a date of birth and that the sale or transfer will
				  not exceed the single transaction limit in these rules.