The administrative rules for marijuana businesses provide a pathway for cultivators – any type of grower under the Medical Marihuana Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act – to transfer or sell immature plants to marijuana sales locations (provisioning centers, retailers, and microbusinesses).
The administrative rules also provide a pathway for marijuana sales locations to sell immature plants to customers.
This bulletin provides information regarding the relevant administrative rules and requirements that licensed cultivators and licensed sales locations need to begin the sale of immature plants
Administrative Rules: Immature Plants
Rule 1 of the Marijuana Sampling and Testing Rule Set – R 420.301 (k) – a nonflowering marijuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container.
Rule 6 in the Marijuana Operations Rule Set – R 420.206 (2) – a cultivator who has obtained good agricultural collection processes certification may sell immature plants to a marijuana sales location under the allowances published by the agency.
Rule 6 in the Marijuana Sale or Transfer Rule Set – R 420.506 (4) – a marijuana sales location may sell no more than 3 immature plants to a marijuana customer per transaction.
Requirements for Cultivators
A cultivator must meet/comply with the following requirements to sell immature plants:
Hold the good agricultural collection practices (GACP-GMP) certification prior to making sales of immature plants.
For immature plant sales, use the existing “immature plants” category in Metrc with testing status “not required.” These sales are for immature plants only and should not be used to transfer or sell seeds.
Only transfer pre-ordered immature plants (plant packages) to sales locations.
Once immature plants have been pre-ordered, include a sell-by date on the package label to ensure plants at sales locations do not advance in their growth beyond the immature growth phase. The sell-by date must be no more than seven days from the date the plant package was created at the cultivator.
Ensure each transfer of immature plants to a sales location includes written instructions for basic care and environmental considerations for the immature plants (light, water, temperature controls) while they are at the sales location, and the method for destruction if necessary, such as if the plants develop disease, or die.
Ensure each transfer of immature plants to a sales location includes a written, signed document from the cultivator attesting that only active ingredients approved by the Marijuana Regulatory Agency (MRA) were used in the cultivation of the immature plants. The bulletin that details the MRA’s approved active ingredients for growers can be found here.
Approval Process for Growers/Cultivators
Once a cultivator has achieved certification for GACP-GMP, they must submit a plan for the sale of immature plants to the MRA at MRA-Compliance@michigan.gov before selling any immature plants to a sales location. The plan must include, at a minimum:
The name of the business and the cultivator’s license number
Proof the cultivator is GACP-GMP certified
A copy of the general care instructions the cultivator will provide to sales locations
Standard Operating Procedures (SOPs) that includes the following, at a minimum:
• How the cultivator will ensure plants have been pre-ordered and how plants will be packaged for transfer ▪ Plants will need to be packaged in plant packages for each sales transaction ▪ Each plant package will consist of one to three plants depending on the individual customer pre-order ▪ There can be no more than three plants per package in accordance with the administrative rules ▪ Plant package labels must include the license number of the cultivator, plant strain name, and sell-by date • A detailed description of the method of transportation to sales locations ▪ A secure transporter is not necessary for these transfers ▪ The wholesale transfer type will be used in the transfer manifest ▪ The means by which the cultivator will ensure the plants are not exposed to contaminants or hazards during the transport must be provided ▪ The procedure that will be followed during transportation of the immature plants • Refund and return policies if sales locations request to return immature plants in their inventory ▪ Provisioning centers are not permitted to return products to growers. ▪ Only adult-use retailers can return immature plants to growers. The MRA will review the plan and provide approval, request additional information, or request changes to the proposed plan. Once the plan has been approved, the cultivator may begin the sale of immature plants to marijuana sales locations.
Requirements for Sales Locations
Sales locations are permitted to accept transfers of immature plants from cultivators approved by the MRA to sell immature plants to a sales location. Sales locations should adhere to the basic care instructions provided by the cultivators. These may include instructions for adequate lighting, water, and temperature control but should not include advanced care instructions such as application of fertilizers, pesticides, etc.
Sales locations do not need to obtain approval from the MRA to sell immature plants, but they must adhere to the administrative rules and the following requirements:
• Sales locations must have a procedure in place for pre-orders of immature plants • Each plant a sales location orders from a cultivator must be accounted for in a pre-ordered sale • If a pre-ordered sale occurs but the customer does not attempt to collect the immature plant(s) purchased, the sales location is responsible for initiating the return/refund policy set by the cultivator and destruction of any plants that remain beyond the sell-by date • Sales locations must ensure customers are provided a copy of the information provided by the cultivator that attests that only approved active ingredients for growers were used on the immature plants • Upon sale of the immature plants to a customer, the plants must be placed in a sealed package/bag to exit the sales location • Sales locations must notify customers that the plants are not required to be, and have not been, safety compliance tested.
This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with all applicable laws and rules.Check the MRA website for any changes or updated information
June 25, 2021 – Michigan’s Marijuana Regulatory Agency – in conjunction with the Michigan Public Service Commission, the Bureau of Fire Services, the Dept. of Environment, Great Lakes, and Energy, and electric providers in the state of Michigan – today produced and distributed materials to inform Michigan residents growing marijuana in their homes about the best ways to keep themselves, their neighbors, and their community safe while continuing to protect Michigan’s electric grid.
Michigan residents with medical marijuana patient and caregiver registration cards have been able to grow a limited number of marijuana plants in their homes since 2008. After Michigan voters legalized marijuana in 2018, Michigan residents over the age of 21 have also been able to grow up to 12 plants at their home. These developments have resulted in an influx of new residential marijuana grows that have a major impact on Michigan’s electric grid.
Since the energy demand for growing marijuana plants is so intensive – often requiring nonstop grow lights, ventilation systems, and other high-demand equipment – it is essential residential marijuana growers understand the impact the increased energy usage in their homes may have on their safety, the safety of their communities, and the safety of electrical workers and first responders.
A Michigan resident growing 12 plants in a home can increase that home’s energy demand by 2.75 times. Maximizing the 72-plant limit for a medical marijuana caregiver’s residential grow operation could result in energy usage equivalent to the average use of 10.75 houses.
Residential marijuana growers should understand the proper steps to take while planning their grow operation to ensure their safety, as well as the protection of their home and utility equipment. Overloading electrical equipment can create fire hazards and damage electrical equipment, which can also lead to extended power outages in your community.
Growing marijuana in a home is a legal right and it must be done safely and responsibly. Before starting a home grow, individuals should:
become familiar with local rules and ordinances
hire a licensed electrical contractor
contact their local utility to ensure their electrical service is sized appropriately to serve the increased energy demand
When residential growers work together with their electric company, significant damage can be avoided, including:
Unanticipated significant overloading can lead to catastrophic failure of utility and customer-owned equipment. If a significant customer load is added before the energy provider has an opportunity to review and utility equipment is damaged as a result, the customer causing the issue may be held responsible for associated costs of repair. There could be lengthy delays in the restoration of service. The utility must determine what caused the issue, find out what the true load sizes are, and upgrade its equipment to serve it.
In addition to damaging the equipment of the customer that added the significant load, there could be possible damage to property of other customers receiving service from the same transformer. This damage can range from appliances to sensitive electronics, smart TVs, computers and more.
Structural fire dangers are by far the worst-case scenario for marijuana home grows. When circuits are overloaded beyond their rating, it becomes a hazard and the cost associated with this kind of incident is immeasurable as it has the potential to cause death in addition to widespread damage to the electrical system and people’s property.
The Michigan Public Service Commission’s website has important information available for Michigan residents, including:
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
November 18, 2020 – The Marijuana Regulatory Agency’s (MRA) social equity team will now accept applications for the social equity program online.
On December 2, 2020 the social equity team will host an education and outreach session to demonstrate the online social equity program application process. The information for registering for the session may be found below.
Date: Wednesday, December 2, 2020 Time: 10:00 AM Place: Online (Zoom)
While attendance is free, space is limited; interested participants need to register at the following website: http://bit.ly/MRA-SEonline.
The Zoom meeting information will be sent to participants who register for the session.
Following the presentation, the social equity team will be available to answer questions about the application process.
More education and outreach sessions for the MRA’s Social Equity Program will be added soon; check the MRA website for more information
For more information on the social equity program and submitting the application online, please see the social equity page.
Media Contact: LARA Communications (517-335-LARA (5272) Email: mediainfo@michigan.gov
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
End of Phase Out Process that was announced in March 2020
The phase out process for caregiver product ends on September 30, 2020. A licensee who accepts an external transfer after September 30, 2020 will be subject to disciplinary action by the MRA.
MARIJUANA REGULATORY AGENCY RELEASE
March 2, 2020 – Today, the Marijuana Regulatory Agency (MRA) announced a phase-out process for the transfer of marijuana and marijuana products into the regulated market from caregivers. The phase-out process begins immediately and ends on September 30, 2020 with a final termination of all external marijuana transfers.
During the ongoing transition to a regulated market, the MRA has been committed to maintaining patient access to medical marijuana by allowing certain licensed facilities to continue to source product from caregivers without it resulting in disciplinary action against their licenses. Now, nearly 200 grower licenses and more than 25 processor licenses have been issued in the medical marijuana market. As more licenses have been issued and more plants grown and processed, the marijuana product produced by licensed facilities has resulted in an increase in the supply of medical marijuana to patients.
“We have always put patients first when we make decisions regarding medical marijuana,” said MRA Executive Director Andrew Brisbo. “This phase out process is an important next step in implementing the will of Michigan voters and making sure that patients continue to have access to their medicine.”
Licensed businesses will have nearly seven months to make the necessary plans to continue to maintain a sufficient supply of medical marijuana in Michigan. During this time, the MRA will work closely with licensees to build relationships and provide outreach and assistance during this transition period.
Phase One – Growers and Processors
The MRA gave notice in December, that – beginning on March 1, 2020 – growers and processors who obtain marijuana plants, concentrates, vape cartridges, or infused products from caregivers would be subject to disciplinary action.
Phase One of the phase-out process begins immediately and runs through May 31, 2020. During phase one, growers and processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
Phase Two – Growers
Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, growers licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
During phase two, the total weight of marijuana flower that growers obtain from caregivers must be less than or equal to the total weight of marijuana flower that the licensee harvested (both wet and dry) between March 1, 2020 and May 31, 2020 plus the projected harvest weight (dry) of all plants that are in the flowering process on May 31, 2020.
Phase Two – Processors
Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
During phase two, the total weight of marijuana flower that processors obtain from caregivers must be less than or equal to 50% of the total weight of marijuana flower the licensee obtained from caregivers between the dates of March 1, 2020 and May 31, 2020. The marijuana flower obtained from caregivers must be processed and may not be sold or transferred as marijuana flower.
End of Phase Out Process
The phase out process for caregiver product ends on September 30, 2020. A licensee who accepts an external transfer after September 30, 2020 will be subject to disciplinary action by the MRA.
Pursuant to Rule 4 (16) of the Marijuana Licenses Rule Set (R 420.4(16)), an applicant seeking licensure under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) shall 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.
This bulletin is issued to provide applicants with guidance on what they should consider when developing and implementing the social equity plan that is required with the adult use application and designed to meet the intent of this rule. The information in this bulletin is provided for guidance and should not be construed as requirements for applicants’ social equity plans.
Things to Consider When Developing Your Social Equity Plan
Determine if the municipality where you plan to operate has enacted any requirements related to social equity. If the municipality has, make sure those requirements are addressed in your social equity plan.
Review your business’s strategic goals and objectives and determine how the social equity plan you are developing will help accomplish or complement those goals and objectives.
Determine the Focus of Your Social Equity Plan
Identify the primary component(s) of your social equity plan. The following are examples of what licensees in Michigan and other states have included in their social equity plans:
Employing individuals from disproportionately impacted communities at their marijuana establishment(s). A list of the communities the Marijuana Regulatory Agency (MRA) has identified as disproportionately impacted is listed here.
Employing disproportionately impacted individuals who have qualified for the MRA’s social equity program (caregivers or individuals with marijuana-related convictions) or individuals the licensee has identified as having been disproportionately impacted based on criteria established by the licensee.
Providing educational and outreach sessions in partnership with the MRA to individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, individuals, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing mentorship programs for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing grants, loans, or monetary assistance to individuals seeking an adultuse license who have qualified for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Partnering in business ventures with licensees who qualified for the MRA’s social equity program or who the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing training for employment in the marijuana industry for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing information and assistance for expungement of marijuana-related convictions for interested Michigan residents.
Determine How Will You Measure the Effectiveness of Your Social Equity Plan
In the same way a business owner would measure progress towards any other strategic goal or objective for his or her business, the MRA recommends that applicants identify in specific, concrete terms how they will measure the effectiveness of their social equity plans after they become licensed. Although the MRA does not require it, we recommend applicants include these measures of effectiveness in the social equity plan they submit with their adult-use application.
Promotion and Advertisement of Your Social Equity Plan
After applicants become licensed, the MRA recommends licensees promote and advertise their social equity plan in the same way they would any other strategic goal or objective. The public and other licensees have an interest in what licensees are doing to promote social equity. The MRA is also interested in providing recognition for licensees who have established meaningful social equity plans and partner with the MRA to promote and encourage participation in the marijuana industry by people who have been disproportionately impacted by marijuana prohibition and enforcement. The MRA plans to post on its website in the future the social equity plans that have been submitted by our licensees. Licensees who do not wish to have their social equity plans posted will have the option of refusal, although the MRA will indicate that the licensee has chosen not to publish the social equity plan.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
