Marijuana Regulatory Agency to Issue Rec Licenses Early

Marijuana Regulatory Agency to Issue Rec Licenses Early

The Michigan Marijuana Regulatory Agency has issued and advisory that they will begin accepting applications from any applicant for Adult Recreational Use licensing in March 2021 instead of the November 2021 date.

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Michigan Marijuana Regulatory Agency Bulletin

Licensure Eligibility Under the Michigan Regulation and Taxation of Marihuana Act (MRTMA)

To minimize the illegal market for marijuana in this state, the Marijuana Regulatory

Agency (MRA) will begin accepting applications from any applicant under the authority of Section 9(6) of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) beginning on March 1, 2021.

The MRA began accepting applications for licensure under the MRTMA on November 1, 2019. Eligibility for licensure under the act is restricted under Section 9(6) of the act for 24 months after the MRA began accepting applications as follows:

  • for a class A marijuana grower or marijuana microbusiness, from persons who are residents of Michigan.
  • for a marijuana retailer, marijuana processor, class B marijuana grower, class C marijuana grower, or marijuana secure transporter, from persons holding a state operating license pursuant to the Medical Marihuana Facilities Licensing Act (MMFLA).
  • for a marijuana safety compliance facility, from any applicant. 

Pursuant to Section 9(6) of the MRTMA, one year after the MRA begins to accept applications for licensure under the MRTMA, the agency shall begin accepting applications from any applicant for licensure as a marijuana retailer, marijuana processor, class B marijuana grower, class C marijuana grower, or marijuana secure transporter if the MRA determines that additional state licenses are necessary to:

  • minimize the illegal market for marijuana in this state, or
  • efficiently meet the demand for marijuana, or
  • provide for reasonable access to marijuana in rural areas.

Minimizing the Illegal Market for Marijuana in Michigan

As the commercial marijuana market in the state grows, the impact of the illicit market remains a primary concern. Products from the illicit market are not grown or processed under the strict conditions required in the regulated market or tested by state licensed safety compliance facilities for harmful contaminants. Where the regulated market is not available to meet consumer demand, the illicit market stands ready to fill that void. 

According to data provided by the Michigan State Police – Marijuana Tobacco

Investigation Section, 83% of the seizures of illicit marijuana plants and products occur in municipalities that do not have regulated marijuana establishments. In the past year, the

city of Detroit has seen a 36% increase in narcotics-related homicides and a 214% increase in specifically marijuana-related non-fatal shootings.  As municipalities throughout the state consider ordinances to allow marijuana establishments, the current eligibility restriction acts as a barrier to approaching local authorization in a way that is equitable. Greater municipal participation is a critical element in reducing the impact of the illicit market.

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MRA Releases

Take a look at the Michigan Medical Marijuana Association (MMMA), Google It - a nonprofit advocacy community with over 32,000 members discussing topics such as growing, legal issues and so much more. The MMMA which has been around for more than a decade and still advocates for the rights of medical marijuana patients and their caregivers. You can also visit their sister website MichiganMedicalMarijuana.com for more news and formal information.

Active Marijuana Facilities Licensing Map

Active Marijuana Facilities Licensing Map

Active Facility Licenses In Michigan

View a Map of the Active Facilities Licenses in Michigan, Including Provisioning Centers Licensed for Home Delivery. This map is filterable by type using the filter key (click the filter icon top right). Use the slider bar at bottom of map if you do not see options.

If you are having trouble viewing the map in your browser go here ---->MAP

KOMORN LAW has been at the forefront of legal issues and grass roots activism before commercial marijuana was even a consideration. If you are currently involved or planning on getting into the marijuana business put the most experienced and knowledgeable attorney on your team. Some attorneys speak a great game but Komorn Law has been in the trenches for over 25 years. Just do your research. Read some real reviews, look around the website some more and then when you feel it's the right decision Call our office.  248-357-2550

Marijuana Regulatory Agency Releases Licensing for Adult-Use Applications

Marijuana Regulatory Agency Releases Licensing for Adult-Use Applications

The Marijuana Regulatory Agency (MRA) released the application process for adult-use recreational marijuana business licenses. The MRA will begin accepting adult-use marijuana applications on November 1, 2019.

  • An overview of the licensing process
  • Step one and step two applications for new applicants and existing medical marijuana facility licensees
  • Detailed step-by-step instructions for the online applications
  • Instructions for new applicants and existing marijuana facility licensees for each license type
  • Application checklists
  • Detailed paper instruction booklet including step-by-step instructions for paper applications

While the MRA will accept paper applications, it is highly recommended that applicants use the online application, which has been specifically designed to ensure the efficient receipt of all necessary applicant information. Online applications will automatically be moved quickly into the processing system.

Two-Step Application Process

On November 1, 2019, the MRA will begin accepting applications for marijuana licensing under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) which was passed by the voters of the state of Michigan in November 2018:

The MRA will be utilizing a two-step application process:

  1. Prequalification
  2. Establishment Licensing

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Step One – Prequalification

The main applicant and all supplemental applicants must submit step one applications for prequalification for review by the MRA. During this step, background checks are completed on the main applicant and all supplemental applicants.

There is a $6,000 nonrefundable application fee for the main applicant, which is the entity or the individual seeking to hold the state license. The main applicant is required to submit a step one prequalification application.

Supplemental applicants can be entities or individuals. The definition of who is considered a supplemental applicant varies, depending on business structure. Every supplemental applicant is required to submit a step one prequalification application but only the main applicant needs to submit an application fee.

It is important that the main applicant does not submit payment until all supplemental applications have been submitted. If payment is received before all supplemental applications are submitted, a notice of deficiency will be sent stating that the main applicant has five days to submit all supplemental applications or the application may be denied. The Marijuana Regulatory Agency will begin to process prequalification applications once the $6,000 prequalification application payment is received.

Step Two – Establishment Licensing

After the main applicant and all supplemental applicants have successfully achieved step one prequalification, the main applicant can submit step two licensing applications for the license type(s) it seeks to hold.

During step two licensing, the MRA will vet the proposed marijuana establishment, including, but not limited to:

  • Business specifications
  • Proof of financial responsibility
  • Municipality information
  • General employee information

The physical marijuana establishment must pass an MRA inspection within 60 days of submission of a complete application.

Applicants who are seeking licensure as a grower, processor, or a microbusiness must pass a Bureau of Fire Services (BFS) plan review. Additionally, all MRTMA marijuana applicants – except temporary marijuana events and marijuana event organizers – must pass a BFS inspection within 60 days of submission of a complete application. 

Due to the level of detail involved in the step one and step two adult-use application processes – as well as the time sensitive nature of the process – the MRA strongly recommends achieving step one prequalification before submitting a step two application. 

Final Approval 

An applicant cannot be issued a state license until all requirements in the MRTMA and administrative rules are met. After establishment licensing (step two) is completed, an applicant will be required to pay an initial licensure fee for each license. Once the initial licensure fee is received, the license(s) will be issued.

There are 17 potential reasons for license denial outlined in Rule 14 of the Adult-Use emergency rules, including the following:

  • The applicant failed to correct a deficiency within five days of notification by the MRA in accordance with Rule 8 (application requirements; complete application)
  • The applicant failed to receive a passing prelicensure inspection within 60 days of a complete application being submitted to the agency
  • The applicant has submitted an application containing false information
  • The applicant or anyone who will have ownership in the marijuana establishment has a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marijuana establishment is unlikely to be operated with honesty and integrity
  • The applicant or anyone who will have ownership in the marijuana establishment has a conviction involving distribution of a controlled substance to a minor

License Types

To be eligible for the following license types, the main applicant does not need to possess a medical marijuana state operating license:

  • Class A Marijuana Grower
  • Marijuana Microbusiness
  • Designated Consumption Establishment
  • Marijuana Safety Compliance Facility
  • Marijuana Event Organizer
  • Temporary Marijuana Event

To be eligible for the following license types, the main applicant must possess a medical marijuana state operating license:

  • Class B Marijuana Grower
  • Class C Marijuana Grower
  • Excess Marijuana Grower
  • Marijuana Processor
  • Marijuana Retailer
  • Marijuana Secure Transporter