September 11, 2018 – The Dept. of Licensing and Regulatory Affairs (LARA) has issued new emergency administrative rules to continue the implementation of the Medical Marihuana Facilities Licensing Act (MMFLA).
Gov. Rick Snyder today signed the new rules to help ensure the continued protection of medical marihuana patients.
Effective today, certain proposed medical marihuana facilities that would otherwise require a state operating license under the MMFLA may continue to operate with local approval until December 15, 2018 without impacting the applicant’s eligibility for licensure.
Applicants who had been operating with temporary authorization fall into one of four different categories and the new emergency rules effect each of them differently:
Any continued operation of a medical marihuana facility after September 15, 2018 will be considered an impediment to licensure. The department intends to issue cease and desist letters and will refer any unlicensed activity to law enforcement.
The applicant’s operation with local authorization for temporary operation (Attestation E) will not be considered an impediment to licensure. If a facility has not been issued a license by the department by December 15, 2018, continued operation will be considered an impediment to licensure.
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The applicant must pay the regulatory assessment within 10 business days. Continued operation after the 10-business day window may result in disciplinary action if the regulatory assessment has not been paid. Once the regulatory assessment has been paid, the applicant may continue to temporarily operate with local authorization until the department issues the license.
The licensee may return the license in a manner to be determined by the department. Once the license has been returned, the applicant may continue to temporarily operate with local authorization until the department issues the license.
A provisioning center licensee may sell product that has not been tested in compliance with the act and emergency rules, provided the licensee obtains a signed written acknowledgement from the patient or caregiver consenting to the sale or transfer.
Any marihuana product obtained prior to the date of licensure may continue to be sold after the date of licensure, provided the licensee obtains a signed written acknowledgment from the patient or caregiver. Any marihuana product obtained after the date of licensure must be obtained from a licensed facility and must be tested in full compliance with the act and emergency rules.
Ultimately, licensure decisions will be made by the members of the Medical Marihuana Licensing Board (MMLB), who may choose to consider unlicensed activity as part of the licensing criteria when deliberating on the overall application. Until a license is received from the state, the operation of a proposed medical marihuana facility should be considered a business risk by the operator. Non-compliance will be grounds for disciplinary action and referral to law enforcement for unlicensed activity.
The September Emergency Rules can be found here
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
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