Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.801 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Acts" refers to the
				medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to
				333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
				1, MCL 333.27951 to 333.27967, when applicable.
(b) "Administrative hold" means a status
				given to marihuana product by the agency during an investigation into alleged
				violations of the acts and these rules. This status includes no sale or
				transfer of the marihuana product until the hold is lifted.
(c) "Administrative procedures act" means the
				administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
				24.328.
(d) "Agency" means the
				marijuana regulatory agency.
(e)
				"Another party" or "other party" means an individual or company with which a
				licensee contracts to use the individual or company's intellectual property or
				to utilize management or other services provided by the individual or
				company.
(f) "Bureau of fire
				services" or "BFS" means the bureau of fire services in the department of
				licensing and regulatory affairs.
(g) "Contested case hearing" means an
				administrative hearing conducted by an administrative law judge within the
				Michigan office of administrative hearings and rules on behalf of the agency
				pursuant to the acts and these rules.
(h) "Employee" means a person performing work
				or service for compensation. "Employee" does not include a person providing
				trade or professional services who is not normally engaged in the operation of
				a marihuana business.
(i)
				"Licensing agreement" means any understanding or contract concerning the
				licensing of intellectual property related to marihuana products between a
				licensee and another party.
(j)
				"Management agreement" means any understanding or contract between a licensee
				and another party for the provision of management or other services that would
				allow the other party to exercise control over or participate in the management
				of the licensee or to receive more than 10% of the gross or net profit from the
				licensee during any full or partial calendar or fiscal year. A management
				agreement does not include an agreement for the reasonable payment of rent on a
				fixed basis under a bona fide lease or rental obligation unless the person
				exercises control over or participates in the management of the marihuana
				business.
(k) "Marihuana business"
				means both a marihuana facility under the medical marihuana facilities
				licensing act, or a marihuana establishment under the Michigan Regulation and
				Taxation of Marihuana Act, or both.
(l) "Marihuana business location plan" means
				a marihuana facility plan under the medical marihuana facilities licensing act
				or a marihuana establishment plan under the Michigan Regulation and Taxation of
				Marihuana Act, or both.
(m)
				"Marihuana license" means a state operating license issued under the medical
				marihuana facilities licensing act or a state license issued under the Michigan
				Regulation and Taxation of Marihuana Act, or both.
(n) "Marihuana tracking act" means the
				marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(o) "Medical marihuana facilities licensing
				act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA
				281, MCL 333.27101 to 333.27801.
(p) "Michigan Medical Marihuana Act" means
				the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to
				333.26430.
(q) "Michigan Regulation
				and Taxation of Marihuana Act" or "MRTMA" means the Michigan Regulation and
				Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(r) "Parties" means a licensee and another
				party pursuant to a licensing agreement or management agreement.
(s) "These rules" means the administrative
				rules promulgated by the agency under the authority of the medical marihuana
				facilities licensing act, the marihuana tracking act, the Michigan Regulation
				and Taxation of Marihuana Act, and Executive Reorganization Order No. 2019-2,
				MCL 333.27001.