reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.306 - Testing marihuana product after failed initial safety testing and remediation

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				laboratory may test marihuana product that has failed initial safety
				testing.
(2) A failed marihuana
				product must pass 2 separate tests with new samples consecutively to be
				eligible to proceed to sale or transfer.
(3) Products that failed testing for
				Aspergillus may be remediated after subsequent testing for mycotoxins in
				accordance with R 420.305(3)(h).
(4) The agency may publish a remediation
				protocol including, but not limited to, the sale or transfer of marihuana
				product after a failed safety test as provided in these rules.
(5) The marihuana business that provided the
				sample is responsible for all costs involved in a retest.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.307 - Research and development testing

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) As used
				in this rule, "research and development testing" means optional testing
				performed before final compliance testing.
(2) Except for R 420.304(2)(b), when
				performing research and development testing, the laboratory must comply with
				these rules.
(3) Punitive action
				shall not be taken against a marihuana business for conducting research and
				development testing when permitted.
(4) The agency may publish guidance for
				research and development testing that must be followed by all marihuana
				businesses.
(5) All research and
				development testing must be entered into the statewide monitoring
				system.
(6) Research and
				development testing performed after compliance testing has been completed shall
				not replace safety compliance test results.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.308 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 8. 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-INFUSED PRODUCTS AND EDIBLE MARIHUANA PRODUCT › Section R. 420.402 - Adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				following codes, standards, or regulations of nationally recognized
				organizations or associations are adopted by reference in these rules:
(a) National fire protection association
				(NFPA) standard 1, 2021 edition, entitled "Fire Code," is adopted by reference
				as part of these rules. Copies of the adopted provisions are available for
				inspection and distribution from the National Fire Protection Association, 1
				Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone
				number 1-800-344-3555, for the price of $114.50.
(b) The International Organization for
				Standardization (ISO), ISO 22000 / ISO/TS 22002-1:2009, Food Safety Bundle,
				available for purchase at:
https://webstore.ansi.org/Standards/ISO/ISO22000TS22002FoodSafety
,
				for the price of $275.00.
(c)
				International Organization for Standardization (ISO), ISO/IEC 17025:2017,
				General Requirements for the Competence of Testing and Calibration
				Laboratories, available at:
https://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2fIEC+17025%3a2017
,
				for the price of $162.00.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA-INFUSED PRODUCTS AND EDIBLE MARIHUANA PRODUCT › Section R. 420.403 - Requirements and restrictions on marihuana-infused products; edible marihuana product

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				producer shall package and properly label marihuana-infused products before
				sale or transfer.
(2)
				Marihuana-infused products processed under these rules must be homogenous. The
				allowable variation for weight and THC and CBD concentrations between the
				actual results and the intended serving is to be + or - 15%. The agency shall
				publish guidelines for a producer to follow to verify the marihuana-infused
				product is homogeneous.
(3) A
				producer of marihuana-infused products shall list and record the THC
				concentration and CBD concentration of marihuana-infused products, as provided
				in R 420.305 and R 420.404, in the statewide monitoring system and indicate the
				THC concentration and CBD concentration on the label along with the tag
				identification as required under these rules.
(4) Marihuana-infused products that are part
				of a product recall are subject to all of the following requirements:
(a) Must be immediately pulled from
				production by the producer of the marihuana-infused product.
(b) Must be immediately removed from the
				sales area of a marihuana sales location.
(c) Must not be sold or
				transferred.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA-INFUSED PRODUCTS AND EDIBLE MARIHUANA PRODUCT › Section R. 420.404 - Maximum THC concentration for marihuana-infused products

Current through Vol. 24-12, July 15, 2024
Rule 4. A marihuana sales location shall not sell or transfer
				  marihuana-infused products that exceed the maximum THC concentrations
				  established by the agency by more than 10%. For the purposes of maximum THC
				  concentrations for marihuana-infused products, the agency shall publish a list
				  of maximum THC concentrations and serving size limits.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA-INFUSED PRODUCTS AND EDIBLE MARIHUANA PRODUCT › Section R. 420.405 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 5. 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 SALE OR TRANSFER › Section R. 420.502 - Tracking identification; labeling requirements; general

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Each
				marihuana product sold or transferred must be clearly labeled with the tracking
				identification numbers assigned by the statewide monitoring system affixed,
				tagged, or labeled and recorded, and any other information required by the
				agency, the acts, and these rules.
(2) The agency may place an administrative
				hold on marihuana products, recall marihuana products, issue safety warnings,
				and require a marihuana business to provide informational material or
				notifications to a marihuana customer at the point of sale.
(3) A marihuana business shall not sell or
				transfer a marihuana product that has been placed on administrative hold,
				recalled, or ordered or otherwise required to be destroyed.
(4) A marihuana business shall not sell or a
				transfer marihuana product after the printed expiration date on the package. An
				expired marihuana product must be destroyed except as provided in R
				420.214c(2)(f).
(5) Prior to
				selling or transferring a marihuana product, a marihuana business must verify
				in the statewide monitoring system, that the marihuana product has not been
				placed on an administrative hold, recalled, or ordered to be
				destroyed.
(6) A marihuana business
				shall destroy all product required to be destroyed for any reason within 90
				calendar days of when the marihuana business became aware of the fact that the
				product must be destroyed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.503 - Marihuana plant; tracking requirements

Current through Vol. 24-12, July 15, 2024
Rule 3. Before a marihuana plant is sold or transferred, a
				  package tag must be affixed to the plant or plant container and enclosed in a
				  tamper proof seal that includes all of the following information:
(a) Business or trade name, licensee number,
				and the RFID package tag assigned by the statewide monitoring system that is
				visible.
(b) Name of the
				strain.
(c) Date of
				harvest.
(d) Seed strain.
(e) Universal symbol.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.503a - Sale or transfer of immature plant batches from a cultivator to a marihuana sales location

Current through Vol. 24-12, July 15, 2024
Rule 3a.
(1) A
				cultivator approved by the agency to sell or transfer immature plant batches to
				a marihuana sales location is not required to transfer the immature plant
				batches using a marihuana transporter.
(2) Immature plant batches transferred from a
				cultivator to a marihuana sales location are not required to undergo the
				testing required by R 420.304 and R 420.305.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.504 - Marihuana product sale or transfer; labeling and packaging requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Before a
				marihuana product is sold or transferred to or by a marihuana sales location,
				the container, bag, or product holding the marihuana product must be sealed and
				labeled with all of the following information:
(a) The name and the state license number of
				the cultivator or producer, including business or trade name, and package tag
				as assigned by the statewide monitoring system.
(b) The name and the marihuana license number
				of the licensee that packaged the product, including business or trade name, if
				different from the producer of the marihuana product.
(c) Date of harvest, if applicable.
(d) Name of strain, if applicable.
(e) Net weight in United States customary or
				metric units.
(f) Concentration of
				Tetrahydrocannabinol (THC) and cannabidiol (CBD) as reported by the laboratory
				after potency testing along with a statement that the actual value may vary
				from the reported value by 10%.
(g)
				Activation time expressed in words or through a pictogram.
(h) Name of the laboratory that performed
				passing compliance testing on the product in final form and any test analysis
				date.
(i) The universal symbol for
				marihuana product published on the agency's website.
(j) A warning that includes all the following
				statements:
(i) "It is illegal to drive a
				motor vehicle while under the influence of marihuana."
(ii) "National Poison Control Center
				1-800-222-1222."
(iii) For products
				being sold by a marihuana facility that exceed the maximum THC levels allowed
				for products sold under MRTMA, "For use by registered qualifying patients only.
				Keep out of reach of children."
(iv) For all other products, "For use by
				individuals 21 years of age or older or registered qualifying patients only.
				Keep out of reach of children."
(v)
				In clearly legible type and surrounded by a continuous heavy line: "WARNING:
				USE BY PREGNANT OR BREASTFEEDING WOMEN, OR BY WOMEN PLANNING TO BECOME
				PREGNANT, MAY RESULT IN FETAL INJURY, PRETERM BIRTH, LOW BIRTH WEIGHT, OR
				DEVELOPMENTAL PROBLEMS FOR THE CHILD."
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.505 - Sale or transfer; marihuana sales location

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				marihuana sales location
s
hall verify all of the following prior
				to selling or transferring marihuana or a marihuana product to a marihuana
				customer:
(a) The marihuana product has not
				been placed on administrative hold, recalled, or ordered or otherwise required
				to be destroyed.
(b) The marihuana
				product is not past its expiration date.
(c) The marihuana customer presented his or
				her valid driver's license or government-issued identification card that bears
				a photographic image of the qualifying patient or primary caregiver, under the
				MMFLA; or bears a photographic image and proof that the individual is 21 years
				of age or older, under the MRTMA.
(d) The completed transfer or sale will not
				exceed the purchasing limit prescribed in R 420.506.
(e) The marihuana product has been tested in
				accordance with R 420.305.
(f) The
				marihuana product is labeled and packaged for sale or transfer in accordance
				with R 420.504.
(g) The registered
				qualifying patient or registered primary caregiver holds a valid, current,
				unexpired, and unrevoked registry identification card.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.506 - Purchasing limits; transactions; marihuana sales location

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Before
				the sale or transfer of marihuana product to a registered qualifying patient or
				registered primary caregiver, under the MMFLA, the licensee shall verify in the
				statewide monitoring system that the sale or transfer does not exceed either of
				the daily purchasing limits as follows:
(a)
				For a registered qualifying patient, an amount of marihuana product that does
				not, in total, exceed 2.5 ounces of marihuana or marihuana equivalent per
				day.
(b) For a registered primary
				caregiver, an amount of marihuana product that does not, in total, exceed 2.5
				ounces of marihuana or marihuana equivalent per day for each registered
				qualifying patient with whom he or she is connected through the agency's
				registration process.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.507 - Marketing and advertising restrictions

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				marihuana product may only be advertised or marketed in compliance with all
				applicable municipal ordinances, state law, and these rules that regulate signs
				and advertising.
(2) A licensee may
				not advertise a marihuana product in a way that is deceptive, false, or
				misleading
,
or make any deceptive, false, or misleading assertions
				or statements on any marihuana product, sign, or document provided.
(3) Marihuana product marketing, advertising,
				packaging, and labeling must not contain any claim related to health or health
				benefits, unless a qualified health claim has received and complies with a
				Letter of Enforcement Discretion issued by the United States Food and Drug
				Administration (FDA), or the health claim has been approved under the
				significant scientific agreement standard by the FDA.
(4) A marihuana product must not be
				advertised or marketed to members of the public unless the person advertising
				the product has reliable evidence that no more than 30% of the audience or
				readership for the television program, radio program, internet website, or
				print publication, is reasonably expected to be under the age listed in
				subrules (7) and (8) of this rule. Any marihuana product advertised or marketed
				must include the warnings listed in R 420.504(1)(k).
(5) A person receiving reasonable payment
				under a licensing agreement or contract approved by the agency concerning the
				licensing of intellectual property, including, but not limited to, brands and
				recipes, is responsible for any marketing or advertising undertaken by either
				party to the agreement.
(6) A
				marihuana product marketed or advertised under the MMFLA must be marketed or
				advertised as "medical marihuana" for use only by registered qualifying
				patients or registered primary caregivers
(7) A marihuana product marketed or
				advertised under the MMFLA must not be marketed or advertised to minors aged 17
				years or younger. Sponsorships targeting individuals aged 17 years or younger
				are prohibited.
(8) A marihuana
				product marketed or advertised under the MRTMA must be marketed or advertised
				as "marihuana" for use only by individuals 21 years of age or older.
(9) A marihuana product marketed or
				advertised under the MRTMA must not be marketed or advertised to individuals
				under 21 years of age. Sponsorships targeting individuals under 21 years of age
				are prohibited.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.508 - Trade samples

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				following licensees may provide trade samples:
(a) A cultivator may transfer trade samples
				of marihuana products to a producer or a marihuana sales location.
(b) A producer may transfer trade samples of
				marihuana products to a producer or marihuana sales location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.509 - Internal product samples

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				cultivator, producer, marihuana sales location, marihuana microbusiness, or
				class A marihuana microbusiness may transfer internal product samples directly
				to its employees for the purpose of ensuring product quality and making
				determinations about whether to sell the marihuana product.
(2) Internal product samples may not be
				transferred or sold to another licensee or consumer.
(3) A licensee shall record the transfer of
				an internal product sample in the statewide monitoring system.
(4) A cultivator is limited to transferring a
				total of 1 ounce of internal product samples to each of its employees in a
				30-day period.
(5) A producer is
				limited to transferring a total of 6 grams of marihuana concentrate and
				marihuana infused products with a total THC content of 2000 mgs of internal
				product samples to each of its employees in a 30-day period.
(6) A marihuana sales location, marihuana
				microbusiness, and class A marihuana microbusiness are limited to transferring
				a total of 1 ounce of marihuana, a total of 6 grams of marihuana concentrate,
				and marihuana infused products with a total THC content of 2000 mgs of internal
				product samples to each of its employees in a 30-day period.
(7) A licensee shall have internal product
				samples tested pursuant to R 420.304 and R 420.305 before transfer to its
				employees.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.510 - Product development

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				cultivator or producer may engage in product development. No other marihuana
				business may engage in product development.
(2) A cultivator may designate marihuana
				plants for product development. Any marihuana plants designated for product
				development count toward the authorized total amount of marihuana plants for a
				cultivator and must be tracked in the statewide monitoring system.
(3) A producer may designate marihuana
				concentrate for product development. Any marihuana concentrates designated for
				product development must be tracked in the statewide monitoring
				system.
(4) A licensee engaged in
				product development may submit his or her product development inventory to a
				laboratory for research and development testing in accordance with these
				rules.
(5) Disciplinary action may
				not be taken against a licensee for failed research and development test
				results on his or her product development inventory.
(6) A cultivator or producer may transfer its
				product development inventory to its employees for consumption. A licensee
				shall have product development inventory tested pursuant to R 420.30 and R
				420.305 before transferring it to an employee. Any product development
				inventory that is not properly transferred to an employee must be destroyed
				pursuant to these rules. All product development inventory transferred to an
				employee counts toward the limitations in R 420.509(4) and R 420.509(5), as
				applicable.
(7) A licensee shall
				record the transfer of product development inventory in the statewide
				monitoring system.
(8) Product
				development inventory may not be consumed or used on the premises of the
				licensee.
(9) A licensee shall not
				transfer or sell inventory designated for product development to a marihuana
				sales location, or to a marihuana customer, until after the inventory is tested
				pursuant to R 420.304 and R 420.305, and the test results in the statewide
				monitoring system indicate a passed full compliance testing.
(10) Any product development inventory that
				is transferred to a marihuana sales location must be labeled in accordance with
				R 420.504.
(11) A cultivator or
				producer may also engage in a research study with an entity duly authorized by
				the Drug Enforcement Administration to handle marihuana. A licensee's
				participation in a research study must be approved by the agency.
(12) A licensee participating in an approved
				research study shall track all marihuana product involved in the research study
				in the statewide monitoring system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.511 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 11. 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 EMPLOYEES › Section R. 420.602a - Prohibitions

Current through Vol. 24-12, July 15, 2024
Rule 2a.
(1) An
				employee of a cultivator may not also be employed by a marihuana transporter or
				a laboratory.
(2) An employee of a
				producer may not also be employed by a marihuana transporter or a
				laboratory.
(3) An employee of a
				marihuana sales location may not also be employed by a marihuana transporter or
				a laboratory.
(4) An employee of a
				marihuana transporter may not also be employed by a cultivator, producer,
				marihuana sales location, or laboratory.
(5) An employee of a laboratory may not also
				be employed by a cultivator, producer, marihuana sales location, or marihuana
				transporter.
(6) An employee of a
				marihuana microbusiness or a class A marihuana microbusiness may not also be
				employed by a laboratory or a marihuana transporter.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA EMPLOYEES › Section R. 420.603 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 3. 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 HEARINGS › Section R. 420.701 - 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 procedures act" means the
				administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
				24.328.
(c) "Agency" means the
				marijuana regulatory agency.
(d)
				"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 in accordance with the acts and these
				rules.
(e) "MAHS general hearing
				rules" means the administrative hearing rules set forth in
				R
				792.10101 to
				R
				792.10137 of the Michigan administrative
				code.
(f) "Marihuana business"
				means 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.
(g)
				"Marihuana establishment" means a marihuana grower, marihuana safety compliance
				facility, marihuana processor, marihuana microbusiness, marihuana retailer,
				marihuana secure transporter, marihuana designated consumption establishment,
				or any other type of marihuana-related business licensed by the agency under
				the Michigan Regulation and Taxation of Marihuana Act.
(h) "Marihuana facility" means a location at
				which a licensee is licensed to operate under the medical marihuana facilities
				licensing act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.702 - Hearing procedures; scope and construction of rules

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) These
				rules apply to hearings under the jurisdiction of the agency involving 1 or
				more of the following:
(a) The denial of a
				marihuana license.
(b) Formal
				complaints against a license.
(c) A
				complaint by a licensee.
(d) The
				denial of the renewal of a marihuana license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.703 - Public investigative hearing

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) An
				applicant that is denied a marihuana license by the agency may request a public
				investigative hearing in writing within 21 days of service of notice of the
				denial.
(2) After the agency
				receives notice of an applicant's request for a public investigative hearing,
				the agency shall provide an opportunity for this hearing at which the applicant
				may present testimony and evidence to establish suitability for a marihuana
				license.
(3) The applicant must be
				given reasonable notice of the public investigative hearing in
				writing.
(4) Not less than 2 weeks
				before the hearing, the agency shall post notice of the public investigative
				hearing at its business office in a prominent place that is open and visible to
				the public.
(5) The agency, or 1 or
				more administrative law judges designated and authorized by the agency, shall
				conduct and preside over the public investigative hearing and do all of the
				following:
(a) Administer oaths or
				affirmations to witnesses called to testify at the hearing.
(b) Receive evidence in the form of testimony
				and exhibits.
(c) Establish and
				regulate the order of presentation and course of the public investigative
				hearing; set the time and place for continued hearings; and fix the time for
				filing written arguments, legal briefs, and other legal documents.
(d) Accept and consider relevant written and
				oral stipulations of fact and law that are made part of the hearing
				record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.704 - Hearing on disciplinary actions

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				licensee who has been notified of a marihuana license violation, or of the
				agency's intent to suspend, revoke, restrict, or refuse to renew a marihuana
				license or impose a fine, may be given an opportunity to show compliance with
				the requirements before the agency takes action as prescribed by these
				rules.
(2) A licensee aggrieved by
				an action of the agency to suspend, revoke, restrict, or refuse to renew a
				marihuana license, or to impose a fine, may request a contested case hearing in
				writing within 21 days after service of notice of the intended
				action.
(3) Upon receipt of a
				timely request, the agency shall provide the licensee an opportunity for a
				contested case hearing in accordance with sections 71 to 87 of the
				administrative procedures act, MCL 24.271 to 24.287, and the MAHS general
				hearing rules.
(4) The contested
				case hearing must be conducted by an administrative law judge within the
				MOAHR.
(5) Upon timely request of
				the licensee or the agency in accordance with the Michigan court rules, an
				assigned administrative law judge may issue subpoenas duces tecum for the
				production of books, ledgers, records, memoranda, electronically retrievable
				data, and other pertinent documents, and administer oaths and affirmations to
				witnesses as appropriate to exercise and discharge the powers and duties under
				the acts and these rules.
(6) The
				agency has the burden of proving, by a preponderance of the evidence, that
				sufficient grounds exist for the intended action to suspend, revoke, restrict,
				or refuse to renew a marihuana license, or to impose a fine.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.704a - Hearing on exclusion of individuals or employees

Current through Vol. 24-12, July 15, 2024
Rule 4a.
(1) An
				individual who has been notified of the agency's intent to exclude him or her
				from being employed by or being a supplemental applicant of a marihuana
				business may request a hearing in writing within 21 days of service of the
				notice of intent to exclude.
(2)
				Upon receipt of a timely request, the agency shall provide the individual an
				opportunity for a contested case hearing pursuant to sections 71 to 87 of the
				administrative procedures act, MCL 24.271 to 24.287, and the MAHS general
				hearing rules.
(3) The contested
				case hearing must be conducted by an administrative law judge within the
				MOAHR.
(4) Upon timely request of
				the licensee or the agency pursuant to the Michigan court rules, an assigned
				administrative law judge may issue subpoenas duces tecum for the production of
				books, ledgers, records, memoranda, electronically retrievable data, and other
				pertinent documents, and issue subpoenas for witnesses to appear and testify as
				appropriate to exercise and discharge the powers and duties under the acts and
				these rules.
(5) The agency has the
				burden of proving, by a preponderance of the evidence, that sufficient grounds
				exist for the intended action to exclude an individual from being employed by
				or being a supplemental applicant of a marihuana business.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.705 - Summary suspension

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) If the
				agency summarily suspends a marihuana license without notice or hearing upon a
				determination that the safety or health of patrons or employees is jeopardized
				by continuing the marihuana businesss operation, a post-suspension hearing must
				be held promptly to determine if the suspension should remain in effect, in
				accordance with section 92 of the administrative procedures act, MCL 24.292,
				and the MAHS general hearing rules.
(2) At the post-suspension hearing, the
				agency has the burden of proving by a preponderance of the evidence that the
				summary suspension should remain in effect because the safety or health of
				patrons or employees is jeopardized by continuing the marihuana businesss
				operation.
(3) Immediately after
				the post-suspension hearing, the administrative law judge shall issue a written
				order granting or denying dissolution of the summary suspension.
(4) If the licensee fails to appear at the
				post-suspension hearing, the administrative law judge shall find that the
				safety or health of patrons or employees is jeopardized by continuing the
				marihuana businesss operation and continue the order of summary
				suspension.
(5) The record created
				at the post-suspension hearing becomes a part of the record at any subsequent
				hearing in the contested case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.706 - Complaint by licensee

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Pursuant
				to the MMFLA and these rules, a licensee may file a written complaint with the
				agency regarding any investigative procedures of this state that he or she
				believes to be unnecessarily disruptive of the marihuana facility operations,
				as provided in section 302 of the act, MCL 333.27302.
(2) The agency may delegate authority to an
				administrative law judge to hear a licensee's complaint as a contested case in
				accordance with sections 71 to 79 of the administrative procedures act, MCL
				24.271 to 24.279, and the MAHS general hearing rules.
(3) As the complaining party, a licensee has
				the burden of proving by a preponderance of the evidence that the investigative
				procedures of the agency unnecessarily disrupted its marihuana facility
				operations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.707 - Proposal for decision

Current through Vol. 24-12, July 15, 2024
Rule 7. Following an opportunity for a public investigative
				  hearing or contested case hearing and closure of the record after submission of
				  briefs, if any, the administrative law judge shall prepare and serve upon the
				  parties a proposal for decision containing proposed findings of fact and
				  conclusions of law, in accordance with section 81 of the APA, MCL
				  24.281.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.708 - Final order

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				agency shall consider the entire public investigative or contested case record
				and may affirm, reverse, or modify all or part of the proposal for
				decision.
(2) The agencys decision
				must be reduced to writing and served upon the licensee within a reasonable
				time.
(3) The review decision or
				order of the agency following an opportunity for hearing is deemed to be the
				final agency decision or order for purposes of judicial review under chapter 6
				of the APA, MCL 24.301 to 24.306.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA HEARINGS › Section R. 420.709 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 9. 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 DISCIPLINARY PROCEEDINGS › Section R. 420.802 - Notification and reporting

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1)
				Licensees 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) Licensees shall report to the agency any
				changes to the marihuana business operations that are required in the acts and
				these rules, as applicable.
(3)
				Licensees shall report to the agency any proposed material changes to the
				marihuana business before making a material change. A proposed material change
				is any action that would result in alterations or changes being made to the
				marihuana business to effectuate the desired outcome of a material change.
				Material changes, include, but are not limited to, the following:
(a) Change in owners, officers, members, or
				managers.
(b) Change of processing
				machinery or equipment.
(c) The
				addition or removal of a person named in the application or
				disclosed.
(d) Change in entity
				name.
(e) Any attempted transfer,
				sale, or other 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, but not limited to, all of the following:
(i) Operational or method changes requiring
				inspection under these rules.
(ii)
				Additions or reductions in equipment or processes.
(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 DISCIPLINARY PROCEEDINGS › Section R. 420.803 - Changes to licensed marihuana business

Current through Vol. 24-12, July 15, 2024
Rule 3.
(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, and may include, but
				is not limited to, the following:
(a)
				Additional applications 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 DISCIPLINARY PROCEEDINGS › Section R. 420.804 - Notifications of diversion, theft, loss, or criminal activity

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1)
				Licensees shall notify the agency and local law enforcement authorities within
				24 hours of becoming aware of, or within 24 hours of when the licensee 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 DISCIPLINARY PROCEEDINGS › Section R. 420.805 - Persons subject to penalty; violations

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) If the
				agency during a physical site inspection determines violations of the acts or
				these rules exist, the agency shall notify the person, applicant, or licensee
				of the violation during the physical site inspection or thereafter, and the
				person, applicant, or licensee may be subject to sanctions or fines, or
				both.
(2) If the agency determines
				a violation of the acts or these rules exists, these violations must be
				documented in a format established by the agency. After a notice of violation
				or fine, or both, is issued to a person, applicant, or licensee, the agency may
				hold a compliance conference or a hearing if applicable as prescribed in the
				acts and these rules.
(3) The
				agency may forward information regarding violations of the acts or these rules
				or any other state or federal law to the department of state police, department
				of attorney general, and the prosecutor for the jurisdiction in which the
				alleged violation occurred.
(4) The
				agency may take action for failure to pay any fine within the time written on
				the notice of violation pursuant to the acts or these rules.
(5) The agency may take action against a
				licensee for selling or transferring marihuana product that has been placed on
				an administrative hold, recalled, or ordered or otherwise required to be
				destroyed.
(6) A marihuana licensee
				may be subject to penalties if any person required to be disclosed as an
				applicant violates the acts or these rules.
(7) The agency may take action against a
				licensee holding a license under the MRTMA, if notified of a violation of a
				municipal ordinance pursuant to section 6 of the MRTMA, MCL
				333.27956.
(8) The agency may take
				action against a licensee for knowingly making misrepresentations to the agency
				or its contractors during an investigation into the licensee.
(9) The attempted transfer, sale, or other
				conveyance of an interest in a marihuana license without prior approval are
				grounds for suspension or revocation of the marihuana license or for other
				sanctions as provided in these rules.
(10) The agency may take action against a
				licensee for employing an individual who has been excluded from employment at a
				marihuana business under R 420.808a.
(11) The agency may take action against a
				licensee for failing to remove from, or attempting to add to, the ownership of
				a marihuana business an individual who has been excluded from participation in
				a marihuana business under R 420.808(a).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.806 - Penalties

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				person, applicant, or licensee found in violation of the acts or these rules
				may be subject to sanctions, including, but not limited to, any of the
				following:
(a) Marihuana license
				denial.
(b) Limitations on a
				marihuana license.
(c)
				Fines.
(d) Revocation, suspension,
				nonrenewal of a license, or an administrative hold on a marihuana
				license.
(e) Orders to cease
				operations.
(f) Denial of a
				marihuana license renewal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.807 - Warning

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				agency may issue a warning to a licensee if the agency determines through an
				investigation that the licensee violated the acts, these rules, or an
				order.
(2) A warning must remain in
				the licensee's file for 1 year from the date of service.
(3) A warning may be considered in future
				licensing actions. Continued or repeated noncompliance or repeated warnings for
				the same violation may result in issuance of a formal complaint.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.808 - Formal complaint

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				agency may issue a formal complaint alleging violations of the acts, these
				rules, or both against a licensee.
(2) The agency shall serve the formal
				complaint on the licensee by certified mail, return receipt requested, or in
				person by a representative of the agency.
(3) The licensee may do either of the
				following:
(a) Meet with the agency to
				negotiate a settlement of the matter, or demonstrate compliance prior to
				holding a contested case hearing, as required by section 92 of the
				administrative procedures act, MCL 24.292.
(b) Proceed to a contested case hearing as
				set forth in these rules and section 71 of the administrative procedures act,
				MCL 24.271.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.808a - Exclusion

Current through Vol. 24-12, July 15, 2024
Rule 8a.
(1) A
				person may be excluded from employment at, or participation in, a marihuana
				business upon a finding of any of the following:
(a) The person, while employed by a marihuana
				business, has engaged in conduct that is in violation of the acts or these
				rules that could negatively impact public health, safety, and
				welfare.
(b) The person is included
				on any valid and current exclusion list from another jurisdiction in the United
				States if the basis for the person's inclusion on the exclusion list would also
				be grounds for exclusion as set forth in this rule.
(c) The person has been convicted of
				distribution of a controlled substance to a minor in any
				jurisdiction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY PROCEEDINGS › Section R. 420.809 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 9. 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 DISCIPLINARY RULINGS › Section R. 420.821 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 21.
(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, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1,
				MCL 333.27951 to 333.27967, the Michigan Medical Marihuana Act, 2008 IL 1, MCL
				333.26421 to 333.26430, and the marihuana tracking act, 2016 PA 282, MCL
				333.27901 to 333.27904, when applicable.
(b) "Agency" means the marijuana regulatory
				agency.
(c) "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 in accordance with the acts and these rules.
(d) "Marihuana tracking act" means the
				marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(e) "Medical marihuana facilities licensing
				act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA
				281, MCL 333.27101 to 333.27801.
(f) "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.
(g) "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.