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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.

Detroit Judge Accused of Being Soft on Crime by Police

The Job of a Judge is to make decisions of whether there is enough evidence to hold someone, give them bond or release them.  Police do not make decisions of whether a person is guilty or innocent.  They just are supposed to gather the facts and evidence.  Both should work together to support the allegations of facts to assist in determining whe

The Michigan Supreme Court has ruled they have the right to ban guns

July 27, 2018 - The Michigan Supreme Court has ruled that the Ann Arbor and Clio school districts have a right to ban guns from their schools   In a very much watched case that deals a blow to gun rights advocates who argued state law prohibits schools from enacting those policies.   Both districts had adopted the policies tha

Medical Marihuana Industry – Potential Health and Safety Hazards

The hazards that may be present in the marihuana industry highlight the need for careful attention to safety and health at all facets of the businesses. Not all items listed in this guide may be present at a medical marijuana facility. Conversely, there may be additional ones not listed on this guide that may be present. This guide is intended t

LARA-MMFLA – ADVISORY BULLETIN 7-13-18

LARA-MMFLA - ADVISORY BULLETIN July 17, 2018 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 the Medical Marihuana Facilities Licensing Act and associated Emergency Rules.

LARA Updated Marihuana Registry Forms

Updated Forms for Medical Marihuana Registry Identification Card Now Available July 9, 2018 – Updated MMMP Form. Michigan residents

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