January 15, 2019 – The Dept. of Licensing and Regulatory Affairs (LARA) will recommend tomorrow that the Medical Marihuana Licensing Board (MMLB) adopt a resolution which will help maintain patient access to medical marijuana.

LARA’s recommendation will allow temporarily operating facilities to reopen without it being an impediment to future licensure and will also allow licensed facilities to source product from caregivers without it resulting in disciplinary action.

“We have heard from Michiganders closely affected by the ongoing transition to licensed marijuana facilities,” said Gov. Gretchen Whitmer.

“It is important that we ensure that patients have access to their medicine while the medical marijuana industry continues to develop.”

“This recommendation will extend the temporary operation of facilities and allow licensed businesses to remain competitive during this transition period,” said LARA Director Orlene Hawks.

LARA recommends that the MMLB adopt a resolution that makes it clear that disciplinary action will not be taken against an applicant in the following circumstances:

Temporarily Operating Facilities (through March 31, 2019)

• The applicant’s proposed facility is within a municipality that had an authorizing ordinance in place by December 15, 2017.
• The applicant applied for a license no later than February 15, 2018.
• The applicant notifies the Department within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Licensed Provisioning Centers (through March 31, 2019)

The Board will not take disciplinary action against a licensed provisioning center for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:

• Obtain signed patient consent prior to selling any marijuana products that have not been tested in full compliance with the law and administrative rules.
• Enter all inventory into the statewide monitoring system immediately upon receipt from a caregiver or from a temporarily operating facility.
• Verify and confirm – before any sale or transfer – with government issued photo identification and the statewide monitoring system that the customer holds a valid registry identification card.
• Enter all sales in the statewide monitoring system and determine sales will not exceed daily purchasing limits.
• Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Licensed Growers or Processors (through March 31, 2019)

The Board will not take disciplinary action against a licensed grower or processor for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:

• Enter all marijuana products as inventory into the statewide monitoring system immediately upon receipt.
• Tag or package all inventory that has been identified in the statewide monitoring system.
• Only transfer marijuana products that have been tested in full compliance with the law and administrative rules.
• Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Updated Consent Form for the Sale or Transfer of Untested Marihuana Product