I’m a current/prospective medical marijuana patient. Should I go to a third-party business to get/renew my registry identification card?
Can my application and physician certification serve as a temporary registration card?
The Michigan Medical Marijuana Program (MMMP) is a state registry program that administers the Michigan Medical Marihuana Act (MMMA) as approved by Michigan voters on November 4, 2008. MMMP is a division within the Bureau of Marijuana Regulation (BMR), is separate from the Facilities Licensing Division within BMR, and is governed by a different law.
MMMP is not affiliated with any third-party business operations, “dispensaries,” provisioning centers, caregivers, or certifying physicians and is not associated with any business operation that uses the terms “Michigan Medical Marijuana Program” or “MMMP” in their name or advertising.
Applicants often receive inaccurate information from third parties that result in their applications being delayed or denied. Third-party business operations which tell patients that their application and physician certification serve as a temporary registration card are putting the patients at risk of possible arrest.
As outlined in the MMMA, a patient or caregiver must present their valid registry identification card and a valid driver license – or government-issued identification card with photo – to law enforcement to be protected from arrest. BMR recommends that applicants wait until they receive a registry card before engaging in the medical use of marijuana.
You may now register, renew or make changes to your registry card online. You must be a qualified patient without a caregiver and your physician must have an online account. Instructions and the online portal are available on our website at www.michigan.gov/mmp.
If a patient or caregiver is submitting a paper application or an amendment to the MMMP, it is important to read and follow the instructions for completing the form and include all required supporting documents listed in the instructions. If a patient or caregiver is unsure about the instructions, they should call the MMMP before mailing the documents. It is also important for patients to only submit one application and its supporting documentation per envelope.
If a patient was denied after submitting a paper application and is reapplying, it is important that they read and follow the instructions in the denial letter and – if they are unsure about the instructions – call the MMMP before mailing the documents. Patients should date the new application on the date they sign it – do not backdate or use the same date that was on the application that was denied.
Patients should not allow other individuals or third parties to submit their applications or any other documents to the MMMP as patients will be unable to determine when or if their applications were submitted. Patients should not allow other individuals or third parties to retain copies of their documents, state-issued driver licenses, personal identification cards, or voter registrations as that increases the possibility of fraudulent submissions.
The most recent approved application and forms are available on the MMMP website at www.michigan.gov/mmp. Applicants, registered patients, and registered caregivers are required to use these updated forms. Failure to use current forms will result in a denial or the form being rejected. Those submitting an application or request for changes to his or her registration should only download forms from the MMMP’s website.
Patients who wish to acquire medical marijuana or medical marijuana-infused products from licensed provisioning centers must first present a valid registry identification card at the time of purchase.
Due to constantly evolving and changing regulations, rules, laws and other politics please consult an attorney and review the latest updates regarding these matters.
State and Local Regulatory Licensing and Compliance
Our business law and regulatory attorneys have assisted to facilitate businesses and individuals navigate the complex and ever changing commercial cannabis licensing and regulation landscape.
To schedule your consultation with Komorn Law regarding licensing Call our Office at 800-656-3557
In Michigan a Marihuana Grower is licensed to cultivate, dry, trim, or cure and package marihuana for sale to a processor or provisioning center. A Grower cannot be a registered primary caregiver.
The 3 levels of a Growers’ license is based on the amount of marihuana product grown.
Class A – 500 plants
Class B – 1,000 plants
Class C – 1,500 plants
Marihuana Grower License Requirements
Applicant, and each investor in the grower, must not have an interest in a secure transporter or safety compliance facility.
Must employ an individual with a minimum of 2 years’ experience as a caregiver (This restriction ends after December 31, 2021)
The licensee must not be an active caregiver and must not employ an active caregiver.
Cultivation must occur in industrial or agricultural zoned areas, or in unzoned areas that meet local ordinance requirements.
How is your plant count determined as it affects your growing limits as a Class A, B, C Grower Licenses?
The MMFLA defines a plant as any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
A licensee’s plant limit is based on the type of license issued. Any plant that meets this definition is counted toward the licensee’s plant count.
Can I hold a CPL license and a medical marihuana facility license?
There are no restrictions in the MMFLA that prevent a CPL holder from obtaining a medical marihuana facility license.
Prohibited Appearances and Packaging of Medical Marihuana Products
The Medical Marihuana Facilities Licensing Act Emergency Rules establish protocols regarding edible marihuana products. Per Rule 33, the term ‘edible marihuana product’ means any marihuana-infused product containing marihuana that is intended for human consumption in a manner other than smoke inhalation. It is important to note 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
• 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.
How does the application process work and who can apply for a license?
Anyone — individual or business — who feels that they can satisfy statutory and administrative rule requirements for a marihuana facility license may apply for a license. BMMR will begin accepting applications on December 15, 2017. There is no deadline to complete the application process.
On December 15, 2017, LARA will begin accepting online or paper form applications, utilizing a two-step application process for medical marihuana facility licensing:
Pre-Qualification
License Qualification
This two-step process will allow applicants to begin the application process by completing step one before a location for the medical marihuana facility is established. If applicants have a location secured, they will have the option of submitting step one and step two materials at the same time.
Step One – Pre-Qualification
The first step is Pre-Qualification which includes a full background check of the applicant and all supplemental applicants. This includes – but is not limited to – individuals or businesses with an ownership interest (direct or indirect) in the applicant. As part of the Pre-Qualification (step one), applicants must disclose those individuals and businesses with an indirect or direct ownership interest. Applicants should refer to Sections 401 and 404 of the MMFLA to determine which individuals or businesses must be included in the disclosure.
Before an applicant’s Pre-Qualification (step one) materials can be reviewed, the applicant must pay the $6000 application fee. Until the $6000 application fee is paid, BMMR will not be able to process the application. After the application is processed, BMMR will notify applicants and supplemental applicants when and where fingerprints will be collected. Local law enforcement agencies will not collect fingerprints for BMMR and BMMR will not accept fingerprint reports completed by applicants before the applicants are instructed to have their fingerprints collected.
Pre-Qualification (step one) may be completed before an applicant has a physical location for its business.
Step Two – License Qualification
The second step is the License Qualification. If applicants have a location secured, they will have the option of submitting step one and step two materials at the same time. License Qualification requires information specific to the physical location of the applicant’s business. An applicant cannot be issued a license until all requirements in the MMFLA and administrative rules are met.
Under Section 205 of the MMFLA, the Department cannot issue a license to a facility intending to operate in a municipality unless the municipality has enacted an ordinance authorizing marihuana facilities to operate within the municipal boundaries. An applicant’s physical location will need to be located in a municipality with an ordinance compliant with Section 205 requirements. Any questions about municipal ordinances should be directed toward the appropriate municipal authority.
While an application is being processed, staff of BMMR will be in communication with applicants regarding additional requirements in statute or administrative rule, including pre-licensure investigation.
After notification of License Qualification (step two) approval from BMMR, an applicant will need to pay a regulatory assessment for each license the applicant is issued.
Grower A license regulatory assessments are capped, by statute, at $10,000. The regulatory assessment for Grower B-C, Processor, Transporter, and Provisioning Center licenses will be dependent on the number of total licenses subject to assessment and could be as low as $10,000 or as high as $57,000. The exact amount of the regulatory assessment is not available at this time. There is no regulatory assessment for Safety Compliance Facilities.
I plan on seeking multiple licenses from LARA, do applicants have to pay the $6000 application fee for each license?
Applicants will need to pay the $6000 application fee for each separate prequalification submitted to BMMR for review. Applicants will not need to pay the $6000 application fee for each separate step 2 submitted. However, applicants will need to pay the regulatory assessment for each step two, before the license can be issued.
Please see the following illustrative examples below for further clarity:
Example 1—One entity seeking multiple licenses (e.g., a grower and processor license)
Entity needs to complete one prequalification, and pay the $6000 application fee. Entity needs to complete a grower step 2 and a processor step 2. When entity receives notification, entity will need to pay a regulatory assessment for the grower license AND a regulatory assessment for the processor license.
Example 2—Separate entities seeking to co-locate (e.g., a prospective grower, processor, and provisioning center)
Entity A, Entity B, and Entity C plan to co-locate as a grower, processor and provisioning center respectively. Each entity will need to pay an application fee of $6000 and, after BMMR notification, will need to pay a regulatory assessment. So, Entity A will need to pay $6000 with its prequalification; Entity B will need to pay $6000 with its separate prequalification; and Entity C will need to pay $6000 with its separate prequalification. A regulatory assessment will also need to be paid for each the grower, processor, and provisioning center license.
