Forty medical marijuana businesses across Michigan got an unpleasant visit Thursday from state officials and the Michigan State Police, ordering them to stop operating.
And those visits are just the beginning. Hundreds more are expected to get cease and desist letters in the coming days.
The state Department of Licensing and Regulatory Affairs began the process of shutting down medical marijuana facilities that are operating illegally and haven’t submitted applications to the state for a license.
“Any business that didn’t apply for a license by Feb. 15 isn’t in compliance with the emergency rules that were set up,” said David Harns, spokesman for the department. “We did 40 today all throughout the state and there will be hundreds more.”
Harns wouldn’t say what kind of businesses got the cease and desist letters or how the state had identified them, but most were probably dispensaries that have been operating outside of Michigan’s medical marijuana laws.
The emergency rules “permits an applicant for a state operating license to temporarily operate a proposed marijuana facility under certain conditions,” the cease and desist letter read. “In order to comply with this rule, a temporarily operating facility must have applied for a state operating license by February 15. … A person that does not comply with this rule shall cease and desist operation of a proposed marijuana facility.”
If the business owner doesn’t shut down, he or she risks not being able to get a license at all from the state, the letter said, and could also result in a “referral to local, state, or federal law enforcement and other penalties or sanctions as provided in the MMFLA (Medical Marijuana Facilities Licensing Act) and Emergency Rules.”
When LARA and the Michigan State Police visited the businesses, they only delivered the cease and desist letter and did not confiscate any products from the businesses, said Harns.
Michigan voters passed a medical marijuana law in 2008 that allowed caregivers to grow up to 12 plants for each of five patients who had obtained medical marijuana cards. There are more than 277,000 people who have medical marijuana cards in the state.
Some of those caregivers banded together to set up dispensaries, some with the blessing of the communities where they were open for business. Others got busted, including many in Oakland County over the years, by police in towns that were more wary of the medical weed.
In 2016, the Legislature decided it needed to get a handle on the medical marijuana business and passed bills to regulate and tax medical marijuana. It’s expected to be a lucrative business with revenues exceeding $700 million a year. That could rise even more dramatically if a proposal to legalize marijuana for adult recreational use gets on the November ballot and is passed by voters.
The state began accepting applications for licenses in December and is in the process of doing background checks on the business owners. The Medical Marijuana Licensing Board is meeting next Thursday and will begin considering some of the applications. But licenses aren’t expected to be handed out until the board’s April meeting.
The licenses are in five categories: growers, processors, testing facilities, secure transporters and dispensaries.
So far 378 applications have come in to pre-qualify for a license, which means that the business owners are going through the state background check, but still need to get approval from a town that has passed an ordinance allowing medical marijuana businesses. Another 117 applications — including 43 growers, 20 processors, 49 dispensaries, 2 secure transporters and 3 testing facilities — have been turned in that include approval from a local community.
Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.
Kathleen Gray, Detroit Free Press Lansing Bureau Published 8:36 p.m. ET March 15, 2018
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading 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 at 800-656-3557.
Michael Komorn is the leading expert attorney dedicated to the Michigan Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the Marijuana Tracking Act.
Call Komorn Law PLLC today if you are interested in working in or with the Michigan medical marijuana business industry. We offer expert planning and advice for all MMFLA applicants, employees and related services including Certified Public Accountants and financial institutions.
Combined with Komorn Law PLLC’s expert criminal defense services, we can help you maximize profits, minimize risk and liabilities and ensure that you are in compliance with all of the laws, rules and regulations.
Please note that these laws, rules and regulation forms change and are updated regularly. Always get the latest forms directly from LARA at http://www.michigan.gov/bmmr
Administrative Rule 72 says that before a marijuana plant is sold or transferred, a package tag must be affixed to the plant or plant container and enclosed with a tamper proof seal that includes all of the following information:
• Business or trade name, licensee number, and the RFID package tag assigned by the statewide monitoring system that is visible.
• Name of the strain.
• Date of harvest, if applicable.
• Seed strain, if applicable.
• Universal symbol, if applicable.
Administrative Rule 73 says before a marijuana product is sold or transferred to or by a provisioning center, the container, bag, or product holding the marijuana product must have a label and be sealed with all of the following information:
• The name of the licensee and the license number of the producer, including business or trade name, and tag or source number as assigned by the statewide monitoring system.
• The name of the licensee and the license number including business or trade name of licensee that packaged the product, if different from the processor of the marijuana product.
• The unique identification number for the package or the harvest, if applicable.
• Date of harvest, if applicable.
• Name of strain, if applicable.
• Net weight in United States customary and metric units.
• Concentration of THC and cannabidiol (CBD).
• Activation time expressed in words or through a pictogram.
• Name of the safety compliance facility that performed any test, any associated test batch number, and any test analysis date.
• The universal symbol for marijuana product published on the department’s
website.
• A warning that states all the following: “For use by registered qualifying patients
only. Keep out of reach of children. It is illegal to drive a motor vehicle while
under the influence of marijuana. National Poison Control Center 1-800-222-1222.
Licensees may continue to use any remaining versions of the previous Universal Symbol until they are completely used up.
Licensees are also permitted to choose which Universal Symbol version to use on a marijuana product until any remaining
versions of the previous Universal Symbol until they are completely used up.
The educational session (video above) will include presentations on the following topics:
Keith Lambert, the Director of the Bureau of Construction Codes, will discuss important items to know – and specific steps to follow – when designing and constructing medical marihuana facilities. (missing)
Greg Kozak, an on-site Industrial Hygiene Consultant with Michigan Occupational Safety and Health (MIOSHA), will present an overview of the MIOSHA standards and regulations potentially impacting the medical cannabis industry in Michigan.
Kevin Sehlmeyer, State Fire Marshal, and Brian William, Plan Review Specialist, will provide an overview of National Fire Protection Association standards.
Brandi Branson-Boone, a departmental analyst in the Business Taxes Division of the Michigan Department of Treasury, will be assisting with navigation of the Michigan Treasury Online (MTO) – Treasury’s web services portal.
Two families — including one mom who alleges Child Protective Services took her suckling baby from her breast — are suing the state, alleging discrimination because they are medical marijuana users and poor.
In the lawsuit, attorney Michael KOMORN alleges the faith-based foster care and adoption agencies used by the State of Michigan were “grossly negligent” in opposing and delaying reunification of his clients’ children on the grounds of “poverty and illness” and in violation of the Michigan Medical Marijuana Act.
The suit also alleges Michigan laws allowing faith-based agencies “to discriminate on the basis of their religious beliefs are unconstitutional.”
“The mental image of CPS entering a hospital room accompanied by armed men and taking a newborn from a nursing mother’s breast and from the grandmother, shattering three generations of lives because CPS and Holy Cross (Children Services) found this family to be unfit because they were poor, diseased, medical marijuana card holders is excruciating,” Komorn said in the lawsuit filed Dec. 15 in the Court of Claims. “They treated this family the way the poor and leprous were treated until Jesus taught otherwise.”
Plaintiffs in the case are two families — Jennifer BARTLETT, her three children and parents, and Spring Lake residents Max LORINCZ and his wife, Erica CHITTENDON, and their son.
In addition to Clinton-based Holy Cross, defendants are the State of Michigan, Michigan Department of Health and Human Services Director Nick LYON, Executive Director Herman McCALL of Children Services Agency, Holy Cross worker Andrea HAGEN, Bethany Christian Services and its social worker, Kerry JIPPING, and CPS social worker Cody MAYHEM.
Kassie KRETZSCHMAR, a spokeswoman with Holy Cross, was not able to comment on Thursday because the agency had not seen the lawsuit.
A spokeswoman with Bethany Christian Services was working to get a comment from officials late Thursday.
According to the lawsuit, Bartlett’s children were removed from the family after a houseguest was killed in January 2016 when his gun accidentally discharged while her children were present.
Bartlett took her children to her parents’ home for safety while police investigated the case as a murder prior to blaming her boyfriend, who had spent time in jail.
Mayhew went to the children’s grandparents’ home and told Bartlett that the children were going to be removed because Bartlett “was not showing proper emotions and was making poor life choices,” the lawsuit alleges. Mayhew then drug-tested Bartlett, who tested negative, and she questioned the grandparents,’ who she said “were medical marijuana cardholders.”
Bartlett’s children were removed after a hearing in January 2016 and placed with Holy Cross.
Hagen, who was the Bartlett family’s caseworker, told the court the children shouldn’t be placed with her parents’ because her father had a 27-year-old conviction for use of half of a marijuana joint.
Drug officers later interviewed Bartlett to try to tie her and her boyfriend to drug trafficking in Detroit, which she denied. She was later charged with maintaining a drug house. She was eventually released on bond, but rearrested and charged with possession of drugs found in her dead guest’s pockets as well as conducting a criminal enterprise.
The lawsuit alleges that Hagen maintained Bartlett’s parents would not be good placement for her children because they “had a bad attitude” and were “uncooperative.” She also publicly revealed medical information about the grandmother in violation of federal privacy rules, the suit alleges.
Bartlett, who was pregnant, was released from jail in November 2016. A few hours after giving birth, a CPS worker saw her breastfeeding the baby and returned later with a court order and the police.
CPS “took (the) baby . . . from her mother’s breast and took her away, placing her with Holy Cross,” Komorn alleged.
After more than a year in foster care, Bartlett’s children were returned to her and the case closed in June 2017.
Komorn noted in the lawsuit that Hagen was “recently disciplined” by the Department of Health and Human Services for “misrepresenting health issues” of Bartlett’s parents “to justify placing the children with Holy Cross,” according to the lawsuit.
The lawsuit alleges Lorencz and Chittendon were not told that they could opt-out of a faith-based agency. When they learned they could, they sought a court order dismissing Bethany.
The lawsuit further alleges that Jipping testified at a hearing that “marijuana, even legally used for medical conditions, makes a parent unfit.” The caseworker acknowledged, however, that there was no evidence to prove drug abuse or that Lorencz was not in clear mind around his son when using medical cannabis.
Komorn further alleges that once Bethany Christian Services no longer had the pending criminal charges to use against his client, they “made other ridiculous claims” to keep his client’s son in foster care, including that he “plays lots of video games, his family is poor and his mother is ill.”
“Court hearings revealed that the behavior shown by Bethany Christian Services, including asking the child himself to choose between his parents and other living options, was contradictory to state procedures regarding foster care,” Komorn wrote in court documents. “The caseworker explicitly testified that she had not read or followed the (CPS’) policy. Instead . . . she follows Bethany Christian Services’ policy.”
Farmington Hills, Michigan
Michael A. Komorn focuses on medical marijuana representation. He is the president of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 32,000 members, which advocates for medical marijuana patients and caregiver rights. Mr. Komorn is also an experienced defense attorney successfully representing many wrongfully accused medical marijuana patients and caregivers. He is a member of the Criminal Law and Marijuana Law Sections of the State Bar of Michigan.
Property seized in the execution of a search warrant can be subject to civil forfeiture. Recovering this property requires a unique balancing of your client’s interests especially when they are facing potential criminal charges.
Gather critical information from the search warrant and intent to forfeit
Establish standing by providing evidence of ownership
Advise clients on potential out-of-pocket costs including storage or impound fees.
Michael Komorn and Jeff Frazier talk to Rachael Sedlacek (Preview)
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading 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.
