Can the Department clarify the intent of Rule 24(2)(c)?
Rule 24(2)(c) of the Emergency Administrative Rules filed on December 4, 2017 pertains to operation at a same location commonly referred to as co-location. For background purposes, pursuant to section 205 of the MMFLA a municipality has the authority to adopt an ordinance to limit the type or number of marihuana facilities within their boundaries. For clarification purposes, the intent behind Rule 24(2)(c) is that the applicant cannot circumvent the municipal ordinance or zoning regulation, which may limit the type or number of marihuana facilities under section 205 of the act, simply by operating at a same location.
