Current through Vol. 24-04, March 15, 2024
Rule 6.
(1) The
agency shall not issue a state license under the MRTMA until a complete
application is submitted, the fees required under these rules are paid, and the
agency determines that the applicant is qualified to receive a state license
under the acts and these rules. An applicant under MRTMA must pay initial
licensure fees within 10 calendar days of approval of the state license or
within 90 calendar days of submitting a complete application, whichever date is
first. Failure to pay the fees required under R 420.7 may be grounds for the
denial of state license.
(2) An
applicant is ineligible to receive a state license if any of the following
circumstances exist:
(a) The applicant has a
prior conviction that involved distribution of a controlled substance to a
minor.
(b) The applicant has
knowingly submitted an application for a state license under the MRTMA that
contains false information.
(c) The
applicant is an employee, advisor, or consultant of the agency involved in the
implementation, administration, or enforcement of the MRTMA or these rules
pursuant to section 7 of the MRTMA, MCL 333.27957.
(d) The applicant holds an elective office of
a governmental unit of this state, another state, or the federal government; is
a member of or employed by a regulatory body of a governmental unit in this
state, another state, or the federal government
, or is employed by
a governmental unit of this state. This subdivision does not apply to any of
the following:
(i) An elected officer of or
employee of a federally recognized Indian tribe.
(ii) An elected precinct delegate.
(iii) The spouse of a person who applies for
a state license unless the spouse's position creates a conflict of interest or
is within any of the following:
(A) The
marijuana regulatory agency.
(B) A
regulatory body of a governmental unit in this state, another state, or the
federal government that makes decisions regarding adult-use
marijuana.
(e) The agency determines the municipality in
which the applicant's proposed marihuana establishment will operate has adopted
an ordinance that prohibits marihuana establishments or that the proposed
establishment is noncompliant with an ordinance consistent with section 6 of
the MRTMA, MCL 333.27956.
(f) The
applicant will hold an ownership interest in both a marihuana safety compliance
facility or in a marihuana secure transporter and in a marihuana grower, a
marihuana processor, a marihuana retailer, a marihuana microbusiness, or a
class A marihuana microbusiness in violation of section 9 of the MRTMA, MCL
333.27959.
(g) The applicant will
hold an ownership interest in both a marihuana microbusiness or a class A
marihuana microbusiness and in a marihuana grower, a marihuana processor, a
marihuana retailer, a marihuana safety compliance facility, or a marihuana
secure transporter, in violation of section 9 of the MRTMA, MCL
333.27959.
(h) The applicant will
hold an ownership interest in more than 5 marihuana growers or in more than 1
marihuana microbusiness or class A marihuana microbusiness, in violation of
section 9 of the MRTMA, MCL 333.27959.
(i) The applicant fails to meet other
criteria established in these rules.
(3) In determining whether to grant a state
license to an applicant, the agency may also consider all of the following:
(a) Whether the applicant or anyone meeting
the definition of applicant has a pattern of convictions involving dishonesty,
theft, or fraud that indicate the proposed marihuana establishment is unlikely
to be operated with honesty and integrity.
(b) Whether the applicant has been served
with a complaint or other notice filed with any public body regarding payment
of any tax required under federal, state, or local law that has been delinquent
for 1 or more years.
(c) Whether
the applicant has a history of noncompliance with any regulatory requirements,
all legal judgments, lawsuits, legal proceedings, charges, or government
investigations, whether initiated, pending, or concluded, against the
applicant, that are related to business operations, including, but not limited
to, fraud, environmental, food safety, labor, employment, worker's
compensation, discrimination, and tax laws and regulations, in this state or
any other jurisdiction.
(d) Whether
the applicant meets other standards in rules applicable to the state license
category.
(4) The agency
shall review all applications for state licenses and inform each applicant of
the agency's decision.
(5) An
applicant or licensee has a continuing duty to provide information requested by
the agency and to cooperate in any investigation, inquiry, or hearing conducted
by the agency.
(6) A marihuana
license is a revocable privilege granted by the agency and is not a property
right. Granting a marihuana license does not create or vest any right, title,
franchise, or other property interest. A licensee or any other person shall not
lease, pledge, borrow, or loan money against a marihuana license.
