Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses
Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops.
In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses.
“At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote.
Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases.
Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide.
The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency.
The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello.
Read the rest of the story here at MLive
Thinking of Starting a Cannabis or Hemp Business?
Komorn Law has associated our law firm expanding its cannabis and hemp industry services across the globe. If you are thinking about starting a business in this area you will need legal guidance and corporate counsel.
Contact our office to find out more information.
