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Can a microbusiness obtain seeds, tissue cultures, clones, or immature plants without using a secure transporter?
Pursuant to Rule 5(7) in the Marihuana Licensees Rule Set (R 420.105(7)), “a marihuana microbusiness license is subject to all applicable provisions in the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and the rules related to a marihuana grower, marihuana retailer, and marihuana processor license except for R 420.102(8).” Therefore, with some exceptions, a microbusiness has the same permissions and requirements as any other licensed grower.
Rule 2(3) in the Marihuana Licensees Rule Set (R 420.102(3)) states, in part, except as otherwise provided in the MRTMA and the rules, a marihuana grower license authorizes the sale or transfer of seeds, seedlings, tissue cultures, or immature plants to a marihuana grower from another marihuana grower without using a marihuana secure transporter. There are no specific provisions in the MRTMA or the administrative rules that prohibit a licensed adult-use grower from selling or transferring seeds, tissue cultures, clones, or immature plants to a microbusiness without using a secure transporter, which would be considered a licensed grower for this purpose.
Therefore, a licensed microbusiness is authorized to purchase or accept the transfer of seeds, seedlings, tissue cultures, clones, or immature plants from a licensed marihuana grower without using a marihuana secure transporter.