On June 22, 2020, the Michigan Marijuana Regulatory Agency (MRA) implemented new topic-based rules governing licenses for marijuana businesses. These changes are intended to provide more clarity and consistency between the medical marijuana and adult-use markets. The MRA is currently in the process of updating the applications, step-by-step instructions, and other resources, including advisory notices. Effective June 22, 2020, previous versions of the medical and adult-use applications will not be accepted.
For assistance in navigating these new rules and their effect on your business, contact John Mackewich at 419-249-7103 or at mackewich@marshall-melhorn.com.
June 22, 2020 – The Marijuana Regulatory Agency (MRA) has adopted 10 topic-based administrative rule sets today for the purpose of implementing both the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and the Medical Marihuana Facilities Licensing Act (MMFLA). The rule sets implement, administer, and enforce appropriate standards for marijuana businesses and associated equipment and establish regulations ensuring the safety, security, and integrity of the operation of marijuana businesses and are intended to provide clarity and consistency to those working in both the medical and adult-use markets.
Applicants are advised that the applications, step-by-step instructions, and other educational resources that were previously available on the MRA website for adult-use establishments and medical marijuana facilities are being updated to comply with the new topic-based rule sets. Additionally, the MRA advisory and technical bulletins are being updated, as applicable, and reorganized on the website to be consistent with the topic-based rule sets.
Effective today, applicants need to refer to and utilize the updated applications and resources that are being posted on the MRA website. Previous versions of the medical and adult-use applications will not be accepted. To ensure applications are processed as quickly and efficiently as possible, applicants are encouraged to submit applications through the online application portal, Accela Citizen Access (ACA).
ACA is also being updated to be consistent with the topic-based rules and changes to the paper applications. While the MRA will accept paper applications, it is highly recommended that applicants use the online application, which has been specifically designed to ensure the efficient receipt of all necessary applicant information. Online applications will automatically be moved quickly into the processing system.
Highlights of the Topic-Based Rule Changes
Licenses
- Created one single set of rules for all applicants including all application requirements.
- Extended prequalification period from 1-year to 2-years.
Operations
- Added that a safety compliance facility may be co-located with a non-MRA lab under certain circumstances.
- Increased the timeframe for secure transporters to maintain product from 48 hours to 96 hours.
- Changed waste rules to allow recycling and composting of marijuana plant waste that has not been treated with hazardous chemicals.
- Changed delivery so that it can be dynamic, drivers can have inventory in their vehicle and be dispatched from delivery to delivery.
Sampling and Testing
- Added a rule creating allowances to be issued by the agency if a licensee becomes GMP or GACP-GMP certified.
- A grower may transfer or sell marijuana to a processor without it being tested to produce live resin or concentrate with approval.
- Allows remediation of chemical residue pursuant to the remediation protocol.
- Allows remediation of microbials pursuant to the remediation protocol.
- Allows more retesting of products.
Marijuana Infused Products and Edible Marijuana Products
- All non-marijuana derived inactive ingredients, other than botanical terpenes, must be:
- Listed on the label
- Below the FDA approved levels, and
- Approved for the intended use of the product.
Adult-Use Establishment Applicants
Prospective adult-use licensees can visit the MRA website and click on the Adult-Use Marijuana link to see all of the information available to them to assist in the preparation of their application, including:
- Application checklists and an overview of the licensing process
- Step one and step two applications for new applicants and existing medical marijuana facility licensees applying for an adult-use license
- Detailed step-by-step instructions for the online applications
- Instructions for new applicants and existing marijuana facility licensees applying for each adult-use license type
- Detailed paper instruction booklets including step-by-step instructions for each paper application
- Frequently asked questions
Medical Marijuana Facility Applicants
Prospective medical marijuana facility licensees can visit the MRA website and click on the Medical Marijuana Facilities Licensing link to see all the information available to them to assist in the preparation of their application, including:
- Application checklists
- Step one and step two applications for new applicants
- Detailed paper instruction booklets including step-by-step instructions for each paper application
- Frequently asked questions
Please note, when submitting a medical marijuana paper application using the online portal, the medical marijuana facility paper application must be completed in its entirety, uploaded, and submitted with the newly created applicant record.
Timing, potential service interruption while making system changes
Due to the number of changes that need to be made across the MRA website and within ACA, the public may experience brief interruptions to service while the MRA makes these changes. The interruptions are tentatively scheduled as followed:
- June 22-24, 2020, adult-use licensing changes: ACA online application portal and MRA website content
- June 24-26, 2020, medical facilities licensing changes: ACA online application portal and MRA website content
During these updates, please note the following:
- Applicants and licensees may temporarily lose access to records they have submitted and/or have pending with the MRA during intermittent system updates
- New online applications will not be accessible and will be unable to be submitted during intermittent system updates
- MRA website content will be updated and changed throughout the dates indicated
The MRA appreciates your understanding and patience while the necessary system changes are made.
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Please be mindful that possessing, using, cultivating, distributing and/or selling marijuana is a federal crime, and no information we give is intended to provide any guidance or assistance in violating federal law. Please also note that we are not providing advice regarding the federal, state or local tax consequences of engaging in any business in this industry.