Marijuana Regulatory Agency Addresses Recent Court Decisions

Marijuana Regulatory Agency Addresses Recent Court Decisions

May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via Governor Whitmer’s Executive Order 2019-7. Over the next several weeks, the MRA, led by Executive Director Andrew Brisbo, will be implementing new practices to streamline the application process and ensure access to safe marijuana products.

Earlier this week, the Court of Claims issued several orders relative to the operation of unlicensed facilities and access to caregiver product. The MRA has reviewed the orders and is evaluating whether any further legal action is appropriate.

The agency will be reviewing applications for those that paid an application fee but never submitted a complete application and therefore never had it considered by the Medical Marihuana Licensing Board. This review will include applicants that never responded to notices of deficiency and/or failed to provide supplemental applications for owners, as required by the administrative rules. The MRA will swiftly provide these applicants – and others similarly situated – an approval or denial of their application.

As to caregiver product, until further notice, the MRA will not take disciplinary action against a licensee in the circumstances provided for in the Medical Marihuana Licensing Board’s March 21, 2019 resolution. The full resolution is available here.

Below is a summary of the provisions of the resolution regarding caregiver product that will remain in effect until the MRA publishes an advisory bulletin on this issue.

Licensed Provisioning Centers

  • Licensees may obtain marijuana products only from a licensed grower or licensed processor.
  • Licensees must obtain patient consent on a form provided by the MRA prior to selling any marijuana products obtained from a caregiver on or before April 30, 2019 that have not been tested in full compliance with the law and administrative rules.
  • Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
  • Licensees, 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.
  • Licensees must enter all sales in the statewide monitoring system and must determine sales will not exceed daily purchasing limits.
  • Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Licensed Growers and Licensed Processors:

  • Licensees may obtain marijuana products from caregivers.
  • Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
  • Licensees may only transfer marijuana products that have been tested in full compliance with the law and administrative rules.
  • Licensees must tag or package all inventory that has been identified in the statewide monitoring system.
  • Licensees must transfer marijuana products by means of a secure transporter, except where exempted under law.
  • Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Michigan officials end caregiver marijuana supply to medical pot shops

Michigan officials end caregiver marijuana supply to medical pot shops

Michigan officials end caregiver marijuana supply to medical pot shops

The stock of medical marijuana products at licensed Michigan businesses will soon change, as a result of new guidance from state officials.

Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release.

Licensed shops can only buy from state-licensed growers and processors. Caregivers, however, will be allowed to sell to state-licensed growers and processors — who will be required to test the product and enter it into the state’s tracking system.

The switch away from the illegal supply of caregiver weed to the regulated market was supposed to occur April 1, but was delayed for a month due to a barrage of lawsuits filed against the state in a separate but entangled issue over the ability of unlicensed pot shops to operate.

Court of Claims Judge Stephen Borrello issued his orders two days ago — which allow unlicensed pot shops to stay open until 60 days after officials decide on their license applications. Borrello left the issue of caregiver product up to the Marijuana Regulatory Agency to decide.

Now the embattled medical marijuana market will switch over to regulated product as its main source.

Corporate mega-growers have criticized the use of caregiver marijuana for the past five months, as it has tested positive for E. coli, Salmonella, mold, lead and other heavy metals. No illnesses have been reported to the state from its use.

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Marijuana Regulatory Agency Addresses Recent Court Decisions

Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval

Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval

 

May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email as a temporary substitute for a valid registry card in order to obtain their medication the same day they are approved.

The Marijuana Regulatory Agency (MRA) has implemented a change to the Michigan Medical Marijuana Program (MMMP) to ensure that patients with debilitating medical conditions are able to obtain marijuana for medical use as quickly as possible.

“A process that used to take several weeks now can be done in a single day,” said MRA Executive Director Andrew Brisbo. “We are excited to offer this new online approval option for the state’s medical marijuana patients.”

The email that patients receive after an online application has been approved may serve as a temporary substitute for a valid registry card. This approval email is valid until patients receive their card in the mail or for up to 10 days from the date of the approval email. As a result, patients will not have to wait to receive their registry cards in the mail and will be able to purchase or obtain medication the same day they are approved. A valid driver’s license or government-issued identification card with a photographic image is also required to purchase marijuana.

To utilize this online service please visit www.michigan.gov/mmp and note the following:

  • A patient’s certifying physician must have an online account with the MMMP.
  • A patient must register for an online account.
  • The patient must submit an online application.

In the past, registry cards could only be obtained through the traditional mail-in process, which took up to five weeks for patients to receive their card. The process was recently updated to allow for online processing – but a patient still had to wait for 7-10 business days to receive their registry card. This new process allows for medical marijuana patients to gain access to their medicine immediately after receiving approval.

Due to constantly evolving and changing regulations, rules, laws and other politics please consult an attorney and review the latest updates regarding these matters.

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