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Recreational Marijuana Emergency Rules Issued

Posted on July 3, 2019 by Dene Westbrook

The Marijuana Regulatory Agency (MRA) has issued the emergency rules for recreational marijuana today. The promulgation of rules is required per the Michigan Regulation and Taxation of Marihuana Act (MRTMA) passed by voters last November.  The rules provide municipalities and prospective licensees with the framework in which to operate if they choose to participate in the recreational marijuana industry.

MRA Executive Director Andrew Brisbo has stated the agency plans to start accepting license applications November 1, 2019. The agency is hoping the four-month period between issuing the rules and accepting applications will give municipalities the needed time to make decisions whether they want to allow marijuana businesses in their communities. If a municipality doesn’t have an ordinance in place that prohibits such businesses, the MRA is obligated to issue a license to any qualifying business that applies for a marijuana business license.

Upon the League’s quick, initial review of the rules, it appears the following are applicable to municipalities or municipal ordinances. Please note, this may not be an exhaustive list.

  • Rule 8 – Application requirements
  • Rule 9 – State license issuance, qualifications, ineligibility
  • Rule 11 – Marihuana establishment plan
  • Rule 14 – Denial of state license
  • Rule 15 – Renewal of state license
  • Rule 16 – Notifications and reporting
  • Rule 19 – Persons subject to penalty, violations
  • Rule 22 – Changes to licensed marihuana establishment
  • Rule 28 – Marihuana secure transporter license
  • Rule 31 – Operation at same location
  • Rule 32 – Equivalent licenses, operations at same location
  • Rule 33 – Marihuana establishments, general requirements
  • Rule 52 – Marketing and advertising restrictions
  • Rule 59 – Special licenses, eligibility
  • Rule 62 – Temporary marihuana event license, application, operations

Under the new rules, the following license types were created in addition to the licenses listed in the MRTMA:

  • Marijuana Event Organizer 
  • Temporary Marijuana Event
  • Designated Consumption Establishment
  • Excess Marijuana Grower

The League will be hosting a webinar on July 16, 2019 at 10:00 a.m. featuring MRA Executive Director, Andrew Brisbo, to discuss the rules and answer your questions.

The emergency rules are effective today and will remain in effect for six months. The emergency rules may be extended once for another six months.

Jennifer Rigterink is a legislative associate for the League handling economic development, land use and municipal services issues.  She can be reached at jrigterink@mml.org or 517-908-0305.

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