Medical Marijuana Emergency Administrative Rules Released

Posted on December 5, 2017 by Jennifer Rigterink

With less than two weeks to go before the State starts accepting medical marijuana facility license applications, the Department of Licensing and Regulatory Affairs released emergency administrative rules for the purpose of implementing the Medical Marihuana Facilities Act (MMFLA). The rules outline procedures and requirements for potential licensees, and took effect yesterday upon being filed with the Secretary of State.

Upon the League’s review of the 51 rules, it appears they follow what has been previously shared by LARA through their advisory bulletins. Below is a very brief overview of the rules.

Rule 1 – Definitions
Rule 2 – Terms
Rule 3 – Adoptions by reference (NFPA, food safety, etc.)
Rule 4-13 – Application procedures, requirements, inspections
*Rule 6 – Local requirements to be submitted
*Rule 9 – Requires proof of certificate of use and occupancy
Rule 14-18 – Notifications, reporting for changes, theft criminal activity, and penalty, violations, fines
Rule 19 – Temporary operation
Rule 20 – Transition period
Rule 21 – State licenses, licensees, operation
Rule 22 – Stacked licenses
Rule 23 – Changes to licensed facility
Rule 24 – Operation at same location
Rule 25-27 – Facility requirements (security, transporting, building and fire safety, security plan and measures
Rule 28 – Prohibitions
Rule 29-32 – Testing and sampling
Rule 33 – Edibles
Rule 34 – Max THC levels
Rule 35 – Storage of products
Rule 36 – Product destruction and waste management requirements
Rule 37-39 – Tracking and labeling
Rule 40-42 – Provisions centers (sale, purchase limits, marketing and advertising)
Rule 43 – Employees
Rule 44 – Definitions
Rule 45-51 – Contested case hearings


Jennifer Rigterink is a legislative associate for the League handling economic development, land use and municipal services issues.  She can be reached at [email protected] or 517-908-0305.

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