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.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
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.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
NEW MAXIMUM THC CONCENTRATIONS FOR MARIHUANA-INFUSED PRODUCTS
The Bureau of Medical Marihuana Regulation (BMMR) enforce the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA).
Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department.
For the purposes of maximum THC levels for marihuana-infused products, the department shall publish a list of maximum THC concentration and allowable dose limits.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557.
ADVISORY BULLETIN
December 3, 2018
This technical bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated Administrative Rules.
• The limits were removed for topicals as they are not designed to be transdermal.
• The limits were lowered for edible maximum per container to be more in line with other states (Oregon, Washington).
• THC limits were increased for capsules to allow for more in the container.
• Dosages were added for products that did not have them; containers will now have clear directions and dosages to ensure patients do not over medicate.
• Patients typically start with 10mg servings; an allowance between 50mg -100mg allows a patient/caregiver to purchase higher strength medicine if needed.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
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.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
The 2018 Farm Bill will include a provision to legalize industrial hemp, Senate Majority Leader Mitch McConnell (R-KY) and the top Republican and Democrat on the House Agriculture Committee confirmed on Thursday.
Thanks for your hard work, @SenPatRoberts, for our farmers, rural communities and all Americans. Pleased that my provision to legalize industrial hemp is included in the Farm Bill. https://t.co/FSLY3CugIN
Lawmakers in the Senate and House Agriculture Committees announced that they’d reached an agreement in principle on the large-scale food and agriculture policy legislation and were in the process of finalizing “legal and report language.” But while there’s still “more work to do,” it seems that hemp legalization made the cut.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law800-656-3557.
The Congressional Budget Office is currently scoring the bill. Once that’s complete and language is officially filed, the Farm Bill will be teed up for up-or-down votes in both chambers of Congress and, pending approval, sent to the president’s desk. Lawmakers are hoping to pass the bill before the end of the year.
Hemp would be defined as all parts of the plant—including seeds and extracts—as long as they contain less than 0.3 percent THC, according to VoteHemp.The crop would also be entirely removed from the Controlled Substances Act under the legislation.
States that want to be primary regulators are required to submit applications outlining their regulatory plan to the USDA, which will have 60 days to make a decision.
When Congress passed the Farm Bill of 2014, it included Sec. 7606 authorizing state regulated research pilot programs with hemp. That program has been a huge success growing to include over 3,500 licensed participants who planted more than 77,000 acres in 2018. At the same time, the U.S. market for hemp products has grown to more than $800 million as of 2017. However, hemp pilot program regulations are burdensome and are made even more challenging by heavy handed Drug Enforcement Administration oversight. Vote Hemp, along with thousands of businesses and advocates, have been pushing for commercial hemp farming legislation and removal of roadblocks to the growth of the U.S. hemp industry.
Congress has been negotiating a new Farm Bill and is once again considering federal policy regarding hemp thanks to leadership from Senator McConnell (R-KY) and Senator Wyden (D-OR). The House and Senate each passed their versions of the bill and the Senate version included language from the Hemp Farming Act of 2018 that removes hemp from the Controlled Substances Act and allows farmers to grow hemp commercially under a state or federal license.
What will the new Farm Bill hemp law do?
Define industrial hemp broadly to cover all parts of the Cannabis plant including seeds, derivatives, extracts, cannabinoids etc as long as it has a THC level of 0.3% or less
Remove hemp completely from the Controlled Substances Act (CSA)
Make USDA the sole federal regulatory agency overseeing hemp cultivation
Include native American tribes which were not explicitly included in Sec. 7606 of the 2014 Farm Bill
Authorize and fund hemp research as part of the Supplemental and Alternative Crops program and the Critical Agricultural Materials Act
Authorize federal crop insurance for hemp
Require USDA to develop federal regulations for hemp farming that may be used in states that choose not to be the primary regulator
Require states wishing to have primary regulatory authority to submit a plan for regulation to USDA that meets minimum requirements
Repeals Sec. 7606 hemp research program 1 year after USDA establishes federal regulations for hemp farming
Require USDA to conduct a study of state hemp agricultural pilot programs
If the Farm Bill is signed into law before the end of 2018, it will go into effect beginning on January 1, 2019. However, it will take time for the new law to be implemented. In states where hemp is legal, state departments of agriculture will need to submit regulatory plans to USDA for approval.
There are a few minimum requirements that a state plan must have:
a practice to maintain relevant information regarding land on which hemp is produced, including a legal description of the land
a procedure for testing the crop
a procedure for conducting annual inspection (limited to one per year)
a procedure for the effective disposal of products that are produced in violation
a procedure to comply with the enforcement procedures
a certification that the State or Indian tribe has the resources and personnel to carry out the requirements
What about hemp extracts containing CBD?
The Farm Bill removes hemp completely from the CSA. It makes is 100% clear that cannabinoids are included so hemp derived CBD will not be a controlled substance. The bill does not change requirements of the Federal Food, Drug, and Cosmetic Act so producers are still subject to FDA regulations. The FDA has stated in an FAQ that it is their current opinion that CBD may not be sold as a dietary supplement but they have not said that whole plant hemp extracts are covered. Their logic is that a previous application for the drug Epidiolex prohibits the sale of the same substance as a dietary supplement. But Epidiolex is pure CBD and is not the same as a whole plant hemp extract. The industry does not agree with FDAs stance on CBD and there will likely be further developments on this.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
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.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.