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As a follow up to the email notification sent on 12/28/2021 (see below), the Marijuana Regulatory Agency (MRA) has amended medical facility attestations for initial and renewal applications. The updated application documents are now available on the MRA website. As always, applicants and licensees are encouraged to obtain applications and forms directly from the MRA website to ensure they are using the most up-to-date materials.

Please note that effective March 30, 2022, any applicant or licensee that is in the application process (initial licensure or renewal of a license) – and the application has not yet been approved – must complete the new Attestation J or Attestation J–Renewal to be in compliance with this law change.

Here is the MRA email which was originally sent on 12/28/21:

On December 27, 2021, Governor Whitmer signed Public Act 160 of 2021 and Public Act 161 of 2021, which amended the proof of financial responsibility insurance requirements for applicants and licensees under the Medical Marihuana Facilities Licensing Act (MMFLA).This law goes into effect March 30, 2022.

Specifically, state law now requires the following:

  • The insurance policy is issued by a licensed insurance company or licensed captive insurance company in this state.
  • The insurance policy does not include a provision relieving an insurer from liability for payment of any claim for which the insured may be held liable under the act.
  • The insurance policy covers bodily injuries to a qualifying patient, including those caused by the intentional conduct of the licensee or its employee or agent. However, the policy would not have to cover bodily injuries to qualifying patients caused by the licensee or its employee or agent when acting with the intent to harm.

Full text of the laws can be seen at the following links, PA 160 and PA 161. Adult-use licensees continue to be subject to requirements in Rule 10 of the Marijuana Licenses rule set – R 420.10.

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