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
Komorn Law PLLC – Contact our office for legal consultation or evaluation (248) 357-2550
