A medical marijuana facility licensee can apply for an adult-use establishment license starting November 1. The Marijuana Regulatory Agency issued a bulletin this week to highlight requirements and notable changes that medical facilities must adhere to in order to pass pre-license inspections and compliantly possess adult-use licenses.
Requirements for all current medical facility licensees interested in adult-use licenses are as follows:
MRA Adult-Use Emergency Rule 32(1) permits a person that holds equivalent licenses with common ownership under the adult-use license and medical license to operate those equivalent licenses at the same location if certain requirements are met. However, Adult-Use Emergency Rule 56(2)(a) prohibits a person under the age of 21 to volunteer or work for the marijuana establishment. In order to pass pre-licensure inspections of an adult-use establishment, all licensed medical marijuana facilities must either be completely partitioned from a proposed adult-use establishment or not employ a person under the age of 21 if the facilities are not partitioned.
Adult-Use Emergency Rule 34(4) requires a marijuana establishment to obtain prelicensure approval from the Bureau of Fire Services (BFS).
Fire safety inspections will be required for all marijuana establishments. The following marijuana facilities will also require a fire safety plan review: Grower, Processor, Microbusiness, Designated Consumption Establishment (DCE). BFS has information on how to submit plans on their website at www.michigan.gov/bfs after the MRA notifies the licensee when they can submit for a BFS Plan Review. DCEs should also refer to Adult-Use Emergency Rule 59(2) for requirements of the Designated Consumption Establishment plan.
Adult-Use Emergency Rule 30(3)(a) requires marijuana establishments to comply with the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106. Additional environmental guidance is available here.
Adult-Use Emergency Rule 7(13) requires applicants to provide a social equity plan detailing a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Issued September 24, 2019.
Adult-Use Emergency Rule 56(7) elaborates that visitors that are not employees or providing trade services are prohibited where hazardous materials are used, handled, or stored in the marihuana establishment. Safety Compliance Facility highlights Adult-Use Emergency Rule 29(3)(f) requires Adult-Use Safety Compliance Facilities to retain and employ at least one laboratory manager with a relevant advanced degree in a medical or laboratory science.
A laboratory manager shall be responsible for the following duties, including, but not limited to:
Ensure tests are conducted in accordance with ISO 17025. • Ensure test results are accurate and valid. • Oversee day-to-day operations. • Validate reporting requirements in the statewide monitoring system. • Verify conformity with ISO 17025. • Any other duties required and published by the agency.
Adult-Use Emergency Rule 29(3)(f) requires Adult-Use Safety Compliance Facilities to retain and employ at least one laboratory manager with a relevant advanced degree in a medical or laboratory science. A laboratory manager shall be responsible for the following duties, including, but not limited to:
Ensure tests are conducted in accordance with ISO 17025.
Ensure test results are accurate and valid.
Oversee day-to-day operations.
Validate reporting requirements in the statewide monitoring system.
Verify conformity with ISO 17025.
Any other duties required and published by the agency. Secure Transporter highlights Adult-Use Emergency Rule 33(4) requires Secure Transporters to store vehicles at its primary place of business.
If a Secure Transporter stores a vehicle that does not contain marijuana or marijuana product at a location that is not its primary place of business, they must indicate that in their establishment plan. MRA Adult-Use Emergency Rule 33(4) requires Secure Transporters to remain on-site at an establishment during a marijuana transfer until the marijuana product is weighed and accepted – or rejected – before leaving the marijuana establishment.
Questions can be sent to the Marijuana Regulatory Agency Enforcement
Questions can be sent to the Marijuana Regulatory Agency Enforcement Section via email at MRA-Enforcement@michigan.gov. For more information about the Marijuana Regulatory Agency, please visit www.michigan.gov/MMR