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Komorn Law Blog

Feel free to explore the information within these pages. Whatever you are looking for, be it medical marijuana case law history, legal definitions, up to date news and analysis, or scientific studies on the benefits of marijuana and more.

Definition Win

Once lawfully inside a dwelling a person cannot be prosecuted for home invasion for subsequently entering an interior room of the dwelling without permission...

Prohibited Appearances and Packaging of Medical Marihuana

Prohibited Appearances and Packaging of Medical Marihuana Products The Medical Marihuana Facilities Licensing Act Emergency Rules establish protocols regarding edible marihuana products. Per

LARA-MMFLA-How does the application process work

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 c

LARA-MMFLA-multiple licenses from LARA-do I have to pay the 6000 application fee for each license

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.

LARA-MMFLA-Can one submit an application if still waiting for municipality approval

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.  

LARA-MMFLA-FAQ-Regulatory-Questions-List

LARA-MMFLA FAQ-Regulatory Questions

LARA-MMFLA-How can people get information from the board and Department

How can people get information from the board and Department?   The Department’s website has information available on the Medical Marihuana Facilities Licensing

LARA-MMFLA-Can the Department clarify the intent of Rule 24(2)(c)

Can the Department clarify the intent of Rule 24(2)(c)?   Rule 24(2)(c) of the Emergency Administrative Rules filed on December 4, 2017 pertains to operation at a

LARA-MMFLA-Rule 11 Capitalization requirements

Rule 11 Capitalization requirements   (1) An applicant shall disclose the sources and total amount of capitalization to operate and maintain a proposed marihuana facility. (2) The total amounts of capitalization based on the type of marihuana facility specified in the application for a state operating license are as follows:

LARA-MMFLA-What are the capitalization requirements

What are the capitalization requirements?   Applicants will be required to demonstrate capitalization amounts to operate and maintain the proposed marihuana facility as follows: (a) Grower: Class A - $150,000 (b) Grower: Class B - $300,000 (c) Grower: Class C - $500,000 (d) Processor: $300,000 (e) Provisioning Center:

LARA-MMFLA-How do I become a caregiver

How do I become a caregiver?   You must meet the requirements in the statutory definition of “caregiver” in MCL 333.26423(h). The Michigan Medical Marihuana Act (MMMA) can be found on our website at www.michigan.gov/mmp. A patient must submit one of the following t

8 Cannabinoids Produced by Cannabis

8 Cannabinoid Acids Produced by Cannabis   Cannabis produces a variety cannabinoid compounds many of which have not been detected in any other plant. Most of them are present at very low levels, especially in commercial cannabis products, making it difficult for scientists to accurately detect them. Cannabis synthesizes se

LARA-MMFLA-Will co-location of facilities be allowed

Will co-location of facilities be allowed?   Operation at a same location (commonly referred to as co-location) is allowed for grower, processor, and provisioning center licenses when specific requirements are meant: The operation at a same location shall not be

LARA-MMFLA Bulletin Release Guidelines for Safety Compliance Facilities 7-6-18

A new advisory bulletin has been issued by the Bureau of Medical Marihuana. Proficiency Testing Guidelines for Safety Compliance Facilities. Released July 5, 2018 The Medical Marihuana Facilities Licensing Act (MMFLA) and the May 30, 2018 Emergency Rules require the Dept of Licensing and Regulatory Affairs to establish a prof

LARA-MMFLA-What does the Medical Marihuana Licensing Board do

What does the Medical Marihuana Licensing Board do? The Medical Marihuana Licensing Board is comprised of 5 members, appointed by the Governor (with input from the Senate Majority Leader and the Speaker of the House), to administer the Medical Marihuana Facilities Licensing Act. This includes reviewing applications, issuing licenses, revo

LARA-MMFLA-Michigan communities that have opted in to the MMFLA

Michigan communities that have opted in to the MMFLA This is an unofficial document compiled by Bureau of Medical Marihuana Regulation staff for informational purposes only. This is a working document tha

LARA-MMFLA-financial institutions generally disfavor cannabis-what does the state have in place to accept fees and taxes

Since financial institutions generally disfavor cannabis businesses what procedure does the state have in place to accept fees and taxes?   The Department intends to allow the acceptance of fees online via credit card payment, or in person via cash, check or credit card. Questions regarding the methods by which taxes may be paid s

LARA-MMFLA-If you get licensed as an individual and then later create a company

If you get licensed as an individual and then later create a company with a different business structure, can that change be made to the license?  

LARA-MMFLA-What will the costs be for a license

What will the costs be for a license?   The initial costs of a license at the state level include the application fee, the regulatory assessment. Additional costs at the state level are authorized under the Medical Marihuana Facilities Licensing Act (MMFLA) and may be required. An applicant may also need to pay a fee to its munici

LARA-MMFLA-Where can I find more information on each type of license

Where can I find more information on each type of license?   Details on each license category can be found in Part 5 of the Michigan Medical Marihuana Facilities Licensing Act, 2016 PA 281. Here: Grower license: 

LARA-MMFLA-What prohibits a person from obtaining a license

What prohibits a person from obtaining a license?   An applicant cannot obtain a license if any of the following is true: The applicant is ineligible if he or she has knowingly submitted an application for a license under this act that contains

LARA-MMFLA-Does my criminal history prevent me from obtaining a license

Does my criminal history prevent me from obtaining a license?   It depends on whether the following are true: The applicant is ineligible if he or she has been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States (federal law) within the past 10 y

LARA-MMFLA-ADVISORY BULLETIN July 3, 2018

PROCESSOR REMINDERS Originally Posted July 5, 2018 Repost July 7, 2018 (just for you Bob) Applicants for processor operator licenses should take note of the f

LARA-MMFLA-do I have to pay the $6000 application fee for each license

I plan on seeking multiple licenses from LARA, do I 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,