Once lawfully inside a dwelling a person cannot be prosecuted for home invasion for subsequently entering an interior room of the dwelling without permission…
Bush was invited into the victim’s home by the victim’s adult son, who also resided in the home. While Bush was in the home, the victim barricaded herself in an upstairs bedroom because Bush had sent her threatening text messages. Bush then kicked the bedroom door open, forced a dresser out of the way, entered the room and assaulted the victim. Bush was arrested and charged with first-degree home invasion pursuant to MCL 750.110a
Before trial, the prosecution filed a motion for a special jury instruction to “cover a fact pattern where a person lawfully enters the home, but then breaks into a room within the home to which he had no permission [to enter].” Bush objected, reasoning that the term “dwelling,” as defined by MCL 750.110a(1)(a), did not encompass a room within the dwelling and, therefore, a person could not be convicted of home invasion for breaking into an inner room of a dwelling if that person was already lawfully present in the dwelling. The trial court granted the prosecution’s motion and the defendant appealed.
The Michigan Court of Appeals reversed the trial court’s order and held that once a defendant enters a dwelling with permission, he cannot unlawfully enter the same dwelling where he is already lawfully present.
The Court noted that MCL 750.110a(1)(a) defines the word “dwelling” to mean “a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter,” but the statute does not further define the terms “structure,” “shelter,” or “abode.” The Court reviewed the dictionary definitions of the undefined terms and found that it was evident that the term “dwelling” as defined by MCL 750.110a(1)(a) refers to the whole of a structure or shelter used as a place of residence.
Accordingly, officers should not arrest a person for home invasion who lawfully enters a home, but then breaks and enters or enters without permission an interior room within the home because such conduct is not prohibited by MCL 750.110a.
Prohibited Appearances and Packaging of Medical Marihuana Products
The Medical Marihuana Facilities Licensing Act Emergency Rules establish protocols regarding edible marihuana products. Per Rule 33, the term ‘edible marihuana product’ means any marihuana-infused product containing marihuana that is intended for human consumption in a manner other than smoke inhalation. It is important to note the following:
• No edible marihuana product can be in a shape, color, package, or labeled in a manner that it would appeal to minors aged 17 years or younger. No edible marihuana product can be associated with or have cartoons, caricatures, toys, colors, designs, shapes, labels, or package that would appeal to minors.
• No edible marihuana product can be easily confused with commercially sold candy. The use of the word candy or candies on the packaging or labeling is prohibited.
• An edible marihuana product must be in child resistant packages or containers
• A processor is prohibited from producing an edible marihuana product that requires time or temperature control for safety. The end-product must be a stable shelf-life edible marihuana product.
How does the application process work and who can apply for a license?
Anyone — individual or business — who feels that they can satisfy statutory and administrative rule requirements for a marihuana facility license may apply for a license. BMMR will begin accepting applications on December 15, 2017. There is no deadline to complete the application process.
On December 15, 2017, LARA will begin accepting online or paper form applications, utilizing a two-step application process for medical marihuana facility licensing:
Pre-Qualification
License Qualification
This two-step process will allow applicants to begin the application process by completing step one before a location for the medical marihuana facility is established. If applicants have a location secured, they will have the option of submitting step one and step two materials at the same time.
Step One – Pre-Qualification
The first step is Pre-Qualification which includes a full background check of the applicant and all supplemental applicants. This includes – but is not limited to – individuals or businesses with an ownership interest (direct or indirect) in the applicant. As part of the Pre-Qualification (step one), applicants must disclose those individuals and businesses with an indirect or direct ownership interest. Applicants should refer to Sections 401 and 404 of the MMFLA to determine which individuals or businesses must be included in the disclosure.
Before an applicant’s Pre-Qualification (step one) materials can be reviewed, the applicant must pay the $6000 application fee. Until the $6000 application fee is paid, BMMR will not be able to process the application. After the application is processed, BMMR will notify applicants and supplemental applicants when and where fingerprints will be collected. Local law enforcement agencies will not collect fingerprints for BMMR and BMMR will not accept fingerprint reports completed by applicants before the applicants are instructed to have their fingerprints collected.
Pre-Qualification (step one) may be completed before an applicant has a physical location for its business.
Step Two – License Qualification
The second step is the License Qualification. If applicants have a location secured, they will have the option of submitting step one and step two materials at the same time. License Qualification requires information specific to the physical location of the applicant’s business. An applicant cannot be issued a license until all requirements in the MMFLA and administrative rules are met.
Under Section 205 of the MMFLA, the Department cannot issue a license to a facility intending to operate in a municipality unless the municipality has enacted an ordinance authorizing marihuana facilities to operate within the municipal boundaries. An applicant’s physical location will need to be located in a municipality with an ordinance compliant with Section 205 requirements. Any questions about municipal ordinances should be directed toward the appropriate municipal authority.
While an application is being processed, staff of BMMR will be in communication with applicants regarding additional requirements in statute or administrative rule, including pre-licensure investigation.
After notification of License Qualification (step two) approval from BMMR, an applicant will need to pay a regulatory assessment for each license the applicant is issued.
Grower A license regulatory assessments are capped, by statute, at $10,000. The regulatory assessment for Grower B-C, Processor, Transporter, and Provisioning Center licenses will be dependent on the number of total licenses subject to assessment and could be as low as $10,000 or as high as $57,000. The exact amount of the regulatory assessment is not available at this time. There is no regulatory assessment for Safety Compliance Facilities.
I plan on seeking multiple licenses from LARA, do applicants have to pay the $6000 application fee for each license?
Applicants will need to pay the $6000 application fee for each separate prequalification submitted to BMMR for review. Applicants will not need to pay the $6000 application fee for each separate step 2 submitted. However, applicants will need to pay the regulatory assessment for each step two, before the license can be issued.
Please see the following illustrative examples below for further clarity:
Example 1—One entity seeking multiple licenses (e.g., a grower and processor license)
Entity needs to complete one prequalification, and pay the $6000 application fee. Entity needs to complete a grower step 2 and a processor step 2. When entity receives notification, entity will need to pay a regulatory assessment for the grower license AND a regulatory assessment for the processor license.
Example 2—Separate entities seeking to co-locate (e.g., a prospective grower, processor, and provisioning center)
Entity A, Entity B, and Entity C plan to co-locate as a grower, processor and provisioning center respectively. Each entity will need to pay an application fee of $6000 and, after BMMR notification, will need to pay a regulatory assessment. So, Entity A will need to pay $6000 with its prequalification; Entity B will need to pay $6000 with its separate prequalification; and Entity C will need to pay $6000 with its separate prequalification. A regulatory assessment will also need to be paid for each the grower, processor, and provisioning center license.
Can you submit the entire application if you are still awaiting municipality approval?
Yes, you can submit the entire application (step 1 and step 2) at any time after December 15, 2017. However, a license cannot be granted until the business’ municipality has opted in to the MMFLA and an address can be identified.
