LARA RELEASE – Unlicensed Medical Marihuana Facilities must close on October 31, 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). These rules will ensure:
Continued access for medical marihuana patients
The integrity of the marihuana facilities licensing process
A necessary transition to state-licensed medical marihuana safety standards
Under the new rules, proposed medical marihuana facilities that would otherwise require a state operating license under the MMFLA may continue to operate with local approval until October 31, 2018 without impacting the applicant’s eligibility for licensure.
These emergency rules, while in effect, supersede:
Rule 19 of the 5/30/18 Emergency Rules
The entirety of the 9/11/18 Emergency Rules
Under these new emergency rules, after the 30-calendar-day period has elapsed, any marihuana product that was not acquired in compliance with the MMFLA and the 5/30/18 Emergency Rules – from a licensed marihuana facility – must be destroyed in accordance with Rule 36 of the 5/30/18 Emergency Rules. Applicants who have been temporarily operating with local authorization – and have been issued a state operating license by October 31, 2018 – must do the following within a 30-calendar-day transition period beginning the day a state operating license is received:
Record, tag, and/or package all marihuana product in the licensee’s possession in accordance with the statewide monitoring system.
If licensed as a grower or processor, comply with all testing requirements as prescribed by the MMFLA and the 5/30/18 Emergency Rules prior to transferring marihuana product.
If licensed as a provisioning center, obtain a signed written acknowledgement from caregivers/patients consenting to the sale or transfer of marihuana product. Prior to sale or transfer, verify the patient/caregiver has a valid driver license or government-issued identification card, holds a valid registry identification card, and is not over the purchasing limits as prescribed in Rule 41 of the 5/30/18 Emergency Rules.
Have you been charged with a crime? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
Under these new emergency rules, after the 30-calendar-day period has elapsed, any marihuana product that was not acquired in compliance with the MMFLA and the 5/30/18 Emergency Rules – from a licensed marihuana facility – must be destroyed in accordance with Rule 36 of the 5/30/18 Emergency Rules.
All temporary operators should consider transition plans to licensure and the impact they may have on their current business operation. Temporary operators who have not yet filed the facility portion of their application are almost certainly not going to be presented to the Medical Marihuana Licensing Board at the meeting on October 18, 2018.
At any time during this 30-calendar-day period and thereafter, a marihuana facility is subject to an inspection by the department, through its investigators, agents, auditors, or the state police. These rules are set to expire November 30, 2018.
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.
Contact us for a free no-obligation case evaluation 800-656-3557.
LARA-9-11-2018 Michigan Extends Deadline for Certain Medical Marihuana License Applicants
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:
Applicants who applied on or before February 15, 2018 and submitted the marihuana facility license application (i.e. Step 2) after June 15, 2018 or have not yet submitted a Step 2 application.
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.
Applicants who applied on or before February 15, 2018 and submitted the marihuana facility license application (i.e. Step 2) on or before June 15, 2018.
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.
Charged with distracted driving or driving under the influence of marijuana or alcohol? Contact Komorn Law for a free case evaluation800-656-3557.
Applicants who were approved for licensure by the board prior to September 11, 2018 but have not been issued a license.
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.
Applicants who were issued a license prior to September 11, 2018.
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.
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.
Contact us for a free no-obligation case evaluation 800-656-3557.
Originally Posted July 5, 2018 Repost July 7, 2018 (just for you Bob)
Applicants for processor operator licenses should take note of the following reminders via the Emergency Rules and the Medical Marihuana Facilities Licensing Act. This list is not all-inclusive and merely highlights some key areas that should be considered.
A processor of edible marihuana product shall comply with CURRENT GOOD MANUFACTURING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD (located here) to ensure safe preparation – except that refrigerated potentially hazardous marihuana product must be stored at 4.4 degrees Celsius (40 degrees Fahrenheit) or below.
The licensee shall provide employee training on safe food handling by providing either proof of ServSafe certification or documentation of employee training on food handling, including – but not limited to – allergens and proper sanitation and safe food handling techniques.
A processor is prohibited from producing an edible marihuana product that requires time or temperature control for safety. The end-product must be a stable shelf-life edible marihuana product.
A licensee shall comply with at least one of the following:
International Organization for Standardization (ISO), ISO 22000/ISO/TS 22002-1
Upon licensure, the processor shall also include the following for all edible marihuana products:
Allergen labeling as specified by federal labeling requirements.
If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements and these rules.
A statement printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background: “Made in a marihuana facility.”
A processor’s edible marihuana product must comply with all the following:
No edible marihuana product can be in a shape, color, package, or labeled in a manner that it would appeal to minors aged 17 years or younger.
No edible marihuana product can be associated with or have cartoons, caricatures, toys, colors, designs, shapes, labels, or package that would appeal to minors.
No edible marihuana product can be easily confused with commercially sold candy.
The use of the word candy or candies on the packaging or labeling is prohibited.
An edible marihuana product must be in child resistant packages or containers.
Please follow this link for examples of prohibited packaging items.
Upon licensure, a processor shall prepackage and properly label marihuana-infused products before sale or transfer. At a minimum, a processor shall label any marihuana-infused product it produces or packages with all the following:
The name and address of the marihuana facility that processes or packages the marihuana infused product.
The name of the marihuana-infused product.
The ingredients of the marihuana-infused product, in descending order of predominance by weight.
The net weight or net volume of the product.
The THC level on the label along with the tag identification as required under these rules.
April 23, 2018 – The Dept. of Licensing and Regulatory Affairs (LARA) and the Bureau of Medical Marihuana Regulation (BMMR) issued a warning today to the public – and to prospective medical marihuana operator license applicants – regarding fraudulent medical marihuana cease and desist letters delivered in the last several days.
The BMMR Enforcement Division and the Michigan State Police are currently conducting a joint investigation into an individual or individuals who have issued fraudulent cease and desist letters at marihuana facility locations – that are currently operating temporarily with local approval – throughout the state. While BMMR has issued over 200 cease and desist letters over the last month, it has not delivered any since April 18, 2018. If a business owner, employee, or applicant has received a cease and desist letter since Thursday, April 19, 2018, they are requested to call the bureau at 517-284-8599.
LARA reminds applicants and potential licensees that BMMR Enforcement Officers carry a form of identification that makes it clear that they work for the bureau. Each ID card has embedded holographic security, the state of Michigan seal, the LARA emblem, and the representative’s name, picture and work title. Please ask the enforcement personnel to show this identification at any time. Also, it should be noted that, moving forward, official communication from the State of Michigan will be delivered either via US Postal mail or in-person hand delivery.
