05/06/2025
Jamie Lowell
Executive Director
Michigan NORML
(844) 646-6765
[email protected]
Michigan NORML
COMMENTS ON DRAFT MA*****NA RULES
(Mich Admin Code R 420.1 et seq.; R 420.101 et seq.; R 420.201 et seq.; R 420.301 et seq.; R 420.401 et seq.; R 420.501 et seq.; R 420.701 et seq.; R 420.801 et seq.; R 420.1001 et seq.)
The Michigan Chapter of the National Organization for the Reformation of Ma*****na Laws (MINORML) is an activist and advocate organization dedicated to furthering cannabis consumer rights in Michigan, expanding cannabis consumer protection in Michigan, advocating for cannabis employee rights, and ensuring accessibility for patients and consumers in Michigan. MINORML advocates for a responsible and successful cannabis industry by engaging the Cannabis Regulatory Agency (CRA) and requesting sensible laws and regulations for to maintain penalty free accessibility to safe quality cannabis in Michigan.
MINORML offers the following constructive comments regarding changes in rules that impact cannabis consumers and cannabis industry employees in Michigan. In addition, MINORML seeks to ensure that the CRA receives adequate consumer input prior to the adoption of its generally applicable policies, standards, and enforcement procedures consistent with the rule of law and the Michigan Administrative Procedures Act, MCL 24.201 et seq. Lastly, MINORML notes that, though it has not commented on all of the rules, its silence on most rules should not be understood as either approval or disapproval of those particular provisions.
COMMENTS
Adoption by Reference (R 420.2 et seq to 420.2a et seq)
MINORML is concerned that while the CRA has adopted references from AOAC and ISO, as well as, FDA Codes of Federal Regulations, they have not adopted references to standards from ASTM which currently has over 30 standards relevant to ma*****na quality management systems and purity testing. We respectfully request that these standards for consumer safety and best practices be included or at least reviewed by the CRA.
Applications and Licensing (R 420.18 et seq)
MINORML is opposed to R 420.18 (2)(a) that indicates that a supplemental applicant including a managerial employee must first request and receive approval from the CRA in order to get married or get a divorce. This is an inappropriate expansion of CRA authority into the personal lives of licensees and managerial employees and changing of “spouses” should not require a request for approval nor approval from the CRA. MINORML advocates for all employee rights within the cannabis industry and is greatly concerned at the CRAs proposed expansion into the personal lives of Michiganders merely due to their employment or status as supplemental applicants.
Ma*****na Operations (R 420.209 et seq)
MINORML strongly opposes R 420.209 (11) (a) which requires real-time access and live monitoring of security systems at licensed businesses. This is an unnecessary violation of the privacy of our Michigan cannabis industry employees. This onerous proposal mimics that which one might see in private prisons rather than at licensed businesses. The direct impact upon the privacy rights of Michigan’s cannabis employees cannot be understated. MINORML requests that the CRA immediately remove R 420.209 (11) (a) from the draft rules as they go well beyond what is needed for consumer and employee safety and security and infringe on the rights to privacy of cannabis employees and their constitutional rights to due process and protection from warrantless and unreasonable searches. While we acknowledge that licensed operators waive their rights to warranted searches during their application process, this is not the case for cannabis employees and managers who should not be subjected to this level of completely unnecessary Orwellian monitoring.
Ma*****na Products (R 420.404 et seq)
MINORML is opposes R 420.404 which requires that all ma*****na be sold in an opaque and sealed final package. MINORML believes that cannabis consumers have a right to see and smell the products they are purchasing prior to purchase. Placing ma*****na in sealed opaque packaging prior to sell prevents the ability to see and smell the product prior to purchase to note its quality. Being able to select products by their visual and olfactory value is vastly important to cannabis consumers. MINORML requests that the agency removes this “final package” requirement and instead move towards the “exit bag” regulatory environment similar to many other states around the nation. This “exit bag” meets the requirements of MRTMA Section 11 (j) (333.27961 MRTMA Initiated Law 1 of 2018) “No ma*****na retailer may sell or otherwise transfer ma*****na that is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to open and not difficult for normal adults to use properly as defined by 15 C.F.R. 1700.20 (1995), unless the ma*****na is transferred for consumption on the premises where sold.” Many other states utilize “exit bags” which meet these requirements without requiring that all cannabis products are placed into unsustainable, opaque, resealable, and child resistant packaging. This allows licensed operators to function within the requirements and limitations of MRTMA without limiting the ability of cannabis consumers to evaluate the products they are purchasing through site and smell. In addition, there is an international standard for the production and usage of “certified exit bags” under ASTM D3475 to ensure child resistance and opacity. In other states “exit bags” are a sustainable solution as they are often reusable and can be returned by customers to ma*****na sales locations to be used multiple times.
Advertising and Marketing (R 420.805 et seq)
MINORML is greatly concerned that the CRA continues to fail to respond to quarterly requests from MINORML and Michigan cannabis consumers to force licensed operators that engage in remediation activities for microbial contamination to clearly label their products such that Michigan consumers can be aware of the chemicals and radiation being utilized on products prior to choosing to consume them. Its inappropriate that the CRA requires even the most innocuous ingredients to be clearly listed on a ma*****na infused product but does not require appropriate labeling for chemical treatment or irradiation of ma*****na products. This common sense method for notifying consumers of these potentially dangerous practices is required for all whole foods by the FDA for any product that is irradiated or chemically treated. MINORML just does not understand why the CRA has refused for years to make this basic requirement for consumer knowledge a requirement. In addition, some of the chemical treatments that are “approved” and “defined” for usage by the CRA contain known toxic chemicals which are not part of the Sampling and Testing portion of these rules. MINORML implores the CRA to do better for the safety of products in Michigan and for consumer rights to know about what are in their products.
Ma*****na Hearings and Enforcement, Penalties, and Disciplinary Proceedings
MINORML is opposed to R 420.806 (1) as changed in scope of those that can receive penalties from “applicants and licensees” to “person” this change is overly broad and appears to include the possibility of including enforcement penalties against “employees” and not just licensees and applicants. We are additionally concerned with R 420.806 (1) (h) which implies that employees could be banned from employment at a ma*****na business in the future. MINORML respectfully requests that the CRA return the scope of this section back to applicants and licensees such that employees are not drawn into disciplinary action by the agency, as individual Michiganders going about the normal course of their working lives should not be held to the standards of licensed operators and MINORML strongly opposes any additional penalties for cannabis industry employees or consumers being included in Administrative Rules.
Michigan NORML thanks the CRA for the opportunity to comment on the new administrative rules. MINORML believes that with some constructive changes as noted above and by reviewing the impact to cannabis consumers and workers in Michigan the CRA can assist Michigan in continuing to be a leader in setting regulatory standards in the US while promoting businesses in Michigan.
Sincerely,
Jamie Lowell
Executive Director
Michigan Chapter
National Organization for the Reformation of Ma*****na Laws
