With the implementation of the Medical Marihuana Facilities Licensing Act (MMFLA), can a person seeking certification for medical marijuana do so in a dispensary or provisioning center?
A licensed provisioning center may not allow a physician to conduct a medical examination or issue a medical certification document on their licensed premises to obtain a registry identification card.
Unfortunately, applicants often receive inaccurate information from third parties that result in their application for a registry identification card being delayed or denied. Patients should not allow other individuals or third parties to submit their applications – or any other documents – to the Michigan Medical Marihuana Program (MMMP) as patients will be unable to determine when or if their applications were submitted. In addition, applicants 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 fraud and/or fraudulent submissions.
It is important to note that third-party business operations which tell patients that their application and physician certification serve as a temporary registration card are putting the applicants at risk of possible arrest as 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. It is for this reason that the Bureau of Medical Marihuana Regulation (BMMR) recommends applicants wait until they receive their registry identification card before engaging in the medical use of marihuana.
Individuals should apply directly with the MMMP and may contact the department in one of three ways: online forms can be found at www.michigan.gov/mmp; questions can be emailed to LARA-BMMR-MMMPINFO@michigan.gov; or patients may call 517-284-6400.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
Can a caregiver work in a licensed provisioning center, grow operation or other licensed facility and retain their caregiver status under MMMA?
Grower and processor facility licensees are required under the MMFLA to have at least two years’ experience as a caregiver or have an active employee with that experience (this requirement ends on 12/31/21). However, a licensed grower or processor may not be registered as a caregiver and may not employ a registered caregiver.
Secure transporters cannot be registered patients or caregivers.
The MMFLA does not prohibit provisioning center and safety compliance facility licensees from being registered as patients or caregivers under the MMMA, nor does it prohibit these facilities from employing patients or caregivers.
A licensee or an employee must submit the form to cancel their caregiver status within five business days. If a new employee is a caregiver, that person has 5 business days from their date of hire to submit the form to cancel caregiver status. The withdrawal form can be found at the Michigan Medical Marihuana Program website.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
How do attorneys or other entities submit materials on someone else’s behalf?
Third parties, such as CPAs, attorneys, etc., may create their own login for Accela, the facilities licensing application portal, and fill out applications and upload documents on behalf of their clients. Third parties will need to include documentation that establishes their authorization to submit on behalf of their clients.
When can I apply for my license? What are the different licenses I can apply for? When will LARA stop taking applications?
Beginning December 15, 2017, the Department of Licensing and Regulatory Affairs will begin taking applications for the following licenses:
Can I apply for a facility license if I have marijuana medical card?
Yes, you may apply for a facility license. Please refer to the advisory bulletin posted on November 17, 2017, for more information regarding that transition.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
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. The 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.
