LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients

Mar 21, 2019 | LARA-MMFLA Info, News

The resolution of Marijuana product access to patients from the LARA Medical Marihuana Licensing Board Meeting in Lansing, Michigan.

At a regularly scheduled meeting of the Medical Marihuana Licensing Board (Board), convened in Lansing, Michigan, the following resolution was adopted.

WHEREAS:

The Board is established within the Department of Licensing and Regulatory Affairs (Department) under the Medical Marihuana Facilities Licensing Act, 2016 PA 281 (Act), with the general responsibility to implement the Act; and The Board’s duties include granting or denying each application for a state operating license, providing for the levy and collection of fines for a violation of the Act or rules and providing oversight of marijuana facilities through the Board’s inspectors,
agents, and auditors for the purpose of conducting investigations into the operation of marijuana facilities as the Board considers necessary and proper to ensure compliance with the Act and rules and to protect the overall safety, security and integrity of the operation of marijuana facilities; and

The Board’s powers include the authority to investigate alleged violations of the Act or rules, take appropriate disciplinary action against a licensee, and take disciplinary action as the Board considers appropriate to prevent practices that violate the Act or rules, and take any other reasonable or appropriate action to enforce the Act or rules; and

THEREFORE:

IT IS RESOLVED that the Board will not take disciplinary action against an
applicant in the following circumstances:
• For an Applicant temporarily operating:
o For the time period ending March 31,2019:
• The applicant temporarily operates a proposed marihuana facility
that would otherwise require a license if either of the following
apply:

• The applicant’s proposed facility is within a municipality that
adopted an ordinance before December 15, 2017 but is
pending adoption of an ordinance under the Act, or
• The applicant’s proposed facility is within a municipality that
has adopted an ordinance before December 15, 2017.
• The applicant notifies the Department within 1 business day of
becoming aware of any adverse reaction to a marijuana product
sold or transferred, and
• For purposes of this resolution only, the applicant applied for a
license no later than February 15, 2018.
o An applicant that does not comply with this resolution shall cease and
desist operation and may be subject to penalties and sanctions, and
o An applicant that is temporarily operating is not guaranteed a license.

IT IS FURTHER RESOLVED that the Board will not take disciplinary action
against a licensee in the following circumstances:
• For a licensed Provisioning Center:
o For the time period ending March 31,2019:
• The licensee obtains marijuana products from a registered primary
caregiver (caregiver), and
• The licensee obtains patient consent on a form provided by the
Department prior to selling any marijuana products that have not
been tested in full compliance with the law and administrative rules,
and
• The licensee enters all inventory into the statewide monitoring
system immediately upon receipt from a caregiver, and
• The licensee, before any sale or transfer, must verify, and confirm
with government issued photo identification, with the statewide
monitoring system that a patient or primary caregiver holds a valid
registry identification card, and
• The licensee enters all sales in the statewide monitoring system,
and
• The licensee determines sales will not exceed daily purchasing
limits, and

• The licensee shall notify the Department within 1 business day of
becoming aware of any adverse reaction to a marijuana product
sold or transferred.
o For the time period beginning April 1, 2019 and until such time as the
Department publishes an advisory bulletin notifying all licensees that the
effect of this resolution has been terminated:
• The licensee obtains marijuana products only from a licensed
grower or licensed processor, and
• The licensee obtains patient consent on a form provided by the
Department prior to selling any marijuana products obtained from a
caregiver prior to April 1, 2019 that have not been tested in full
compliance with the law and administrative rules, and
• The licensee enters all inventory into the statewide monitoring
system immediately upon receipt, and
• The licensee, before any sale or transfer, must verify, and confirm
with government issued photo identification, with the statewide
monitoring system that a patient or primary caregiver holds a valid
registry identification card, and
• The licensee enters all sales in the statewide monitoring system,
and
• The licensee determines sales will not exceed daily purchasing
limits, and
• The licensee notifies the Department within 1 business day of
becoming aware of any adverse reaction to a marijuana product
sold or transferred.
• For a licensed Grower or licensed Processor:
o Until such time as the Department publishes an advisory bulletin notifying
all licensees that the effect of this resolution has been terminated:
• The licensee obtains marijuana products from caregivers, and
• The licensee enters all inventory into the statewide monitoring
system immediately upon receipt, and
• The licensee only transfers marijuana products that have been
tested in full compliance with the law and administrative rules, and
• The licensee tags or packages all inventory that has been identified
in the statewide monitoring system, and
• The licensee transfers marijuana products by means of a secured
transporter, except where exempted under the Act, and
• The licensee notifies the Department within 1 business day of
becoming aware of any adverse reaction to a marijuana product
sold or transferred.

See the Document – LARA 190321 Product_Access_for_Patients_640352_7