End of Phase Out Process that was announced in March 2020
The phase out process for caregiver product ends on September 30, 2020. A licensee who accepts an external transfer after September 30, 2020 will be subject to disciplinary action by the MRA.
MARIJUANA REGULATORY AGENCY RELEASE
March 2, 2020 – Today, the Marijuana Regulatory Agency (MRA) announced a phase-out process for the transfer of marijuana and marijuana products into the regulated market from caregivers. The phase-out process begins immediately and ends on September 30, 2020 with a final termination of all external marijuana transfers.
During the ongoing transition to a regulated market, the MRA has been committed to maintaining patient access to medical marijuana by allowing certain licensed facilities to continue to source product from caregivers without it resulting in disciplinary action against their licenses. Now, nearly 200 grower licenses and more than 25 processor licenses have been issued in the medical marijuana market. As more licenses have been issued and more plants grown and processed, the marijuana product produced by licensed facilities has resulted in an increase in the supply of medical marijuana to patients.
“We have always put patients first when we make decisions regarding medical marijuana,” said MRA Executive Director Andrew Brisbo. “This phase out process is an important next step in implementing the will of Michigan voters and making sure that patients continue to have access to their medicine.”
Licensed businesses will have nearly seven months to make the necessary plans to continue to maintain a sufficient supply of medical marijuana in Michigan. During this time, the MRA will work closely with licensees to build relationships and provide outreach and assistance during this transition period.
Phase One – Growers and Processors
The MRA gave notice in December, that – beginning on March 1, 2020 – growers and processors who obtain marijuana plants, concentrates, vape cartridges, or infused products from caregivers would be subject to disciplinary action.
Phase One of the phase-out process begins immediately and runs through May 31, 2020. During phase one, growers and processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
Phase Two – Growers
Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, growers licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
During phase two, the total weight of marijuana flower that growers obtain from caregivers must be less than or equal to the total weight of marijuana flower that the licensee harvested (both wet and dry) between March 1, 2020 and May 31, 2020 plus the projected harvest weight (dry) of all plants that are in the flowering process on May 31, 2020.
Phase Two – Processors
Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions.
During phase two, the total weight of marijuana flower that processors obtain from caregivers must be less than or equal to 50% of the total weight of marijuana flower the licensee obtained from caregivers between the dates of March 1, 2020 and May 31, 2020. The marijuana flower obtained from caregivers must be processed and may not be sold or transferred as marijuana flower.
End of Phase Out Process
The phase out process for caregiver product ends on September 30, 2020. A licensee who accepts an external transfer after September 30, 2020 will be subject to disciplinary action by the MRA.
Michigan residents with past criminal convictions could soon have more ways to clear their records or automatically get their records expunged after a period of time for certain offenses.
“Clean Slate” legislation designed to simplify and expand expungement options for people who have gone several years without committing another offense passed the Michigan Senate with wide bipartisan support Wednesday. The main bills in the package passed the House last November and will be returned to the House for final approval of Senate changes – then goes to Gov. Gretchen Whitmer for consideration.
…. It goes back to the house then to Governor Whitmer to think about
Gay-Dagnogo on Good Moral Character Reform Package
LANSING, Mich., Sept. 10, 2020 —Today, the House passed the bipartisan ‘Good Moral Character’ reform package, which would collectively remove barriers for individuals with past criminal convictions when seeking professional certifications. State Rep. Sherry Gay-Dagnogo (D-Detroit), sponsor of House Bill 4492 in the package to update the Michigan Occupational Code, released the following statement in response:
“I am pleased that my colleagues in the House were willing to give thousands of Michiganders a second chance at life. Making mistakes is a part of the human experience, we all do it. And we all deserve a chance to positively move forward and build a successful future. This bill package creates an opportunity for them to do that. As we continue to navigate through this pandemic and imagine what things will be like on the other side, we must do everything we can to ensure those who are willing and able to serve their communities don’t have unreasonable barriers in their way.”September 10, 2020
Bill DocumentsBill Document Formatting Information[x] The following bill formatting applies to the 2019-2020 session: – New language in an amendatory bill will be shown in BOLD AND UPPERCASE. – Language to be removed will be stricken. – Amendments made by the House will be blue with square brackets, such as: [House amended text]. – Amendments made by the Senate will be red with double greater/lesser than symbols, such as: <<Senate amended text>>.(gray icons indicate that the action did not occur or that the document is not available) Documents
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
Here are some links to news stories about various spotlight cases Komorn Law has been involved in over the years. There are many that can not be posted due to various reasons. Some we are still engaged in because Attorney Michael Komorn does not fold easily…Enjoy
If you are interested in opening a cannabis business in Michigan you will need an attorney. Selecting a law firm is important and choosing one who has been fighting for medical marijuana patients and caregivers, adult recreational use and the legal rights of their clients for over 27 years is one of the first steps in achieving your goal in becoming a cannabis entrepreneur. Selecting an attorney who you are comfortable with and can develop a relationship with is extremely important. Search the internet and research our law firm and see how involved we are in the marijuana community. To learn more contact the office 248-357-2550 or do some research on the website Komorn Law.
Michigan Marijuana Acts and Laws
Although Michigan voters have legalized Marijuana it still remains on the controlled substance list schedule 1 and is federally illegal (Current Sept 16, 2020)
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
The IRS has a web page for marijuana business owners to pay their taxes. But first…
CCE in Michigan
Marijuana is still a controlled substance schedule 1 in Michigan even though the people voted to legalize it. There is a reason for that some will learn soon enough. Anyhow… The State and the IRS have conspired and Joined the CCE to take their cut.
A CCE in Michigan is a 20 year felony. If you’ve ever been threatened by a prosecutor for a CCE don’t be mad… it is what it is…right…? The times they are a changing…right?
But wait there’s more… prosecutors have to throw racketeering and conspiracy on there too as well as whatever else they can throw against the wall to see what sticks…and you… well you have to defend yourself and the more charges the more you have to pay to defend yourself. It’s a war of attrition and the prosecutors have unlimited funds.
Sec. 159i. (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity. (3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise. (4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).
Sometimes known as The Kingpin Statute or the Continuing Criminal Enterprise Statute (CCE) is a federal law, which is focused on persons who may be considered “drug lords” or maintain a supervisory role in drug trafficking on a substantial basis. The CCE statute usually targets organized crime or drug “kingpins.”
Continuing Criminal Enterprise Defined in 21 U.S.C. 848, (gender specific)
(a)Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of himunder this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title.
(b)Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—(1)such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2) (A)the violation referred to in subsection (c) (1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or
(B)the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title.
(c)“Continuing criminal enterprise” definedFor purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—(1)he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2)such violation is a part of a continuing series of violations of this subchapter or subchapter II—(A)which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B)from which such person obtains substantial income or resources.
(d)Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply.
(e)Death penalty
(1)In addition to the other penalties set forth in this section—(A)any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A)[1] of this title or section 960(b)(1)[1] of this title who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and(B)any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death.
For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting “200” for “300”, and paragraph (2)(B) shall be applied by substituting “$5,000,000” for “$10 million dollars”.
So the IRS will take your money – They will even take cash because you can’t bank because it is still considered an illegal business. Here are their instructions.
Hopefully they will spend it wisely… or not.
Enter… the IRS
A key component in promoting the highest degree of voluntary compliance on the part of taxpayers is helping them understand and meet their tax responsibilities while also enforcing the law with integrity and fairness to all. This article provides general guidance including frequently asked questions for taxpayers in the marijuana industry.
I.R.C. § 280E and the Marijuana Industry
Businesses that traffic marijuana in contravention of federal or state law are subject to the limitations of Internal Revenue Code (IRC) Section 280E. The Marijuana Industry FAQs, linked below, address federal tax filing and information report requirements specific to taxpayers in this industry.
Income Reporting
Income from any source is taxable and taxpayers are generally required to file a tax return to report that income to the IRS. Many marijuana-industry businesses conduct transactions in cash, which need to be reported, like any other form of payment. See Publication 334, Tax Guide for Small Business, for more details.
Cash Payment Options
Cash payment options are available for unbanked taxpayers. Some IRS Taxpayer Assistance Centers accept cash. Call 844-545-5640 for a location near you to schedule an appointment. Publication 5435 (PDF) provides additional details about cash payment options.
Large Cash Amounts
Any person in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file Form 8300 (PDF), Report of Cash Payments Over $10,000 Received in a Trade or Business, within 15 days after receiving payment.
Estimated Payments
Small business taxpayers often need to make quarterly estimated tax payments to cover their tax obligation. Form 1040-ES, Estimated Tax for Individuals, will help to figure these payments. IRS Direct Pay is the fastest and easiest way to make these payments. The Treasury Department’s (EFTPS) system is also an option.
Records
Good records assist in monitoring a business’s progress, tracking deductible expenses and can substantiate items reported on tax returns. A good recordkeeping system includes a summary of all business transactions. Generally, it is best to record transactions daily.
Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
Pursuant to Rule 4 (16) of the Marijuana Licenses Rule Set (R 420.4(16)), an applicant seeking licensure under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) shall provide a social equity plan detailing a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities.
This bulletin is issued to provide applicants with guidance on what they should consider when developing and implementing the social equity plan that is required with the adult use application and designed to meet the intent of this rule. The information in this bulletin is provided for guidance and should not be construed as requirements for applicants’ social equity plans.
Things to Consider When Developing Your Social Equity Plan
Determine if the municipality where you plan to operate has enacted any requirements related to social equity. If the municipality has, make sure those requirements are addressed in your social equity plan.
Review your business’s strategic goals and objectives and determine how the social equity plan you are developing will help accomplish or complement those goals and objectives.
Determine the Focus of Your Social Equity Plan
Identify the primary component(s) of your social equity plan. The following are examples of what licensees in Michigan and other states have included in their social equity plans:
Employing individuals from disproportionately impacted communities at their marijuana establishment(s). A list of the communities the Marijuana Regulatory Agency (MRA) has identified as disproportionately impacted is listed here.
Employing disproportionately impacted individuals who have qualified for the MRA’s social equity program (caregivers or individuals with marijuana-related convictions) or individuals the licensee has identified as having been disproportionately impacted based on criteria established by the licensee.
Providing educational and outreach sessions in partnership with the MRA to individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, individuals, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing mentorship programs for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing grants, loans, or monetary assistance to individuals seeking an adultuse license who have qualified for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Partnering in business ventures with licensees who qualified for the MRA’s social equity program or who the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing training for employment in the marijuana industry for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing information and assistance for expungement of marijuana-related convictions for interested Michigan residents.
Determine How Will You Measure the Effectiveness of Your Social Equity Plan
In the same way a business owner would measure progress towards any other strategic goal or objective for his or her business, the MRA recommends that applicants identify in specific, concrete terms how they will measure the effectiveness of their social equity plans after they become licensed. Although the MRA does not require it, we recommend applicants include these measures of effectiveness in the social equity plan they submit with their adult-use application.
Promotion and Advertisement of Your Social Equity Plan
After applicants become licensed, the MRA recommends licensees promote and advertise their social equity plan in the same way they would any other strategic goal or objective. The public and other licensees have an interest in what licensees are doing to promote social equity. The MRA is also interested in providing recognition for licensees who have established meaningful social equity plans and partner with the MRA to promote and encourage participation in the marijuana industry by people who have been disproportionately impacted by marijuana prohibition and enforcement. The MRA plans to post on its website in the future the social equity plans that have been submitted by our licensees. Licensees who do not wish to have their social equity plans posted will have the option of refusal, although the MRA will indicate that the licensee has chosen not to publish the social equity plan.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
The Social Equity Program is designed to encourage participation in the marijuana industry by people who live in the 184 Michigan communities which have been disproportionately impacted by marijuana prohibition and enforcement:
Allegan: Fennville, Lee Township
Arenac: Alger, Sterling
Barry: Nashville
Bay: Bay City, Midland, Pinconning
Berrien: Benton Harbor, Berrien Spring, Coloma, Eau Claire, Niles, Oronoko Township, Sodus Township, Watervliet
Branch: Bronson, Butler Township, Coldwater, Gilead Township, Quincy, Sherwood, Sherwood Township, Union City
Calhoun: Albion, Battle Creek, Springfield, Tekonsha, Tekonsha Township, Union City
Cass: Cassopolis, Dowagiac, Edwardsburg, Lagrange Township, Marcellus, Vandalia
Eaton: Charlotte, Vermontville
Emmet: McKinley Township, Wawatam Township
Genesee: Clio, Flint, Flint Township, Mt. Morris, Mt. Morris Township
Gratiot: Alma, Bethany Township, Breckenridge, Fulton Township, Perrinton, Seville Township, Wheeler Township
Hillsdale: Montgomery
Ingham: East Lansing, Lansing
Ionia: Ionia, Muir, Orleans Township, Ronald Township
Isabella: Coldwater Township, Fremont Township, Mt. Pleasant, Shepherd
Jackson: Hanover, Jackson, Springport
Kalamazoo: Galesburg, Kalamazoo
Kent: Cedar Springs, Grand Rapids
Lapeer: Clifford, Columbiaville, Imlay City, Lapeer
Lenawee: Adrian, Morenci
Macomb: Center Line, Mt. Clemens
Mecosta: Aetna Township, Barryton, Big Rapids, Deerfield Township, Fork Township, Mecosta, Millbrook Township, Morley, Sheridan Township, Stanwood, Wheatland Township
Monroe: Luna Pier
Montcalm: Carson City, Crystal Township, Edmore, Greenville, Home Township, Howard City, Lakeview, McBride, Pierson, Stanton
Muskegon: Holton Township, Muskegon, Muskegon Heights, Twin Lake
Newaygo: Beaver Township, Big Prairie Township, Bridgeton Township, Denver Township, Fremont, Grant, Hesperia, Lilley Township, Merrill Township, Newaygo, Troy Township, White Cloud, Wilcox Township
Oakland: Hazel Park, Pontiac, Royal Oak Township
Ogemaw: Horton Township, Prescott, Richland Township, Rose City, West Branch
Ottawa: Allendale Township
Roscommon: Higgins Township, Richfield Township, Roscommon, Roscommon Township, St. Helen
Saginaw: Bridgeport Township, Carrollton Township, Chapin Township, Chesaning, Kochville Township, Marion Township, Saginaw, Spaulding Township
Shiawassee: Owosso
St. Clair: Port Huron
St. Joseph: Sturgis, Sturgis Township, Three Rivers, White Pigeon Township
Tuscola: Akron, Caro, Dayton Township, Gagetown, Gilford Township, Kingston, Koylton Township, Mayville, Vassar, Vassar Township
Van Buren: Arlington Township, Bangor Township, Bloomingdale, Breedsville, Columbia Township, Covert Township, Decatur, Decatur Township, Hartford, Keeler Township, Lawrence, Mattawan, Paw Paw, South Haven
Washtenaw: Ann Arbor, Ypsilanti
Wayne: Dearborn, Detroit, Ecorse, Hamtramck, Highland Park, Inkster, Melvindale, River Rouge, Wayne
Wexford: Antioch Township, Cadillac, Colfax Township, Mesick, Slagle Township
Note this list is current as of Sept 9, 2020. To see any updates visit the Michigan Gov site here
Michigan Communities That Meet Criteria For The Social Equity Program
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
)/images/sortasc.png)
