Posted 1/17/19. Michigan voters approved a proposal to legalize recreational marijuana in the state back in November 2018 with an option for municipalities to opt out of sales.
Several Michigan communities have decided to opt out of legal marijuana sales.
Municipalities have the choice to temporarily opt out of recreational marijuana sales.
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City leaders have cited many reasons for deciding to opt out. Most of them say it’s a bad message for youth or something related to school safety.
Cannabidiol, or CBD oil, is no longer considered to be marijuana in Michigan under a new legal framework created by the 2018 U.S. Farm Bill and a state law that takes effect this March.
Instead of categorizing “all things green and smelly” by default as marijuana, the federal government has defined that the cannabis sativa L. plant that has less than 0.3 percent THC by dry weight as hemp, said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association.
Yet state officials have not yet determined how it will be regulated.
CBD oil is typically derived from hemp — though it can be derived from marijuana — and contains less than 0.3 percent THC, the active component in cannabis that makes someone high. CBD oil is rising in popularity for treatment of pain, anxiety and depression.
“CBD and other cannabinoids extracted from the plant are not criminalized anymore but would be subject to FDA regulations,” Komorn said.
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In May 2018 officials at the Department of Licensing and Regulatory Affairs announced that they regarded CBD oil as marijuana — which sparked backlash from users, who didn’t like the idea of getting a medical marijuana card just to buy a product that contained relatively no THC.
Medical Marijuana Patients Protected Under LARA Recommendation Regarding Temporary Operating Facilities
January 15, 2019 – The Dept. of Licensing and Regulatory Affairs (LARA) will recommend tomorrow that the Medical Marihuana Licensing Board (MMLB) adopt a resolution which will help maintain patient access to medical marijuana.
LARA’s recommendation will allow temporarily operating facilities to reopen without it being an impediment to future licensure and will also allow licensed facilities to source product from caregivers without it resulting in disciplinary action.
“We have heard from Michiganders closely affected by the ongoing transition to licensed marijuana facilities,” said Gov. Gretchen Whitmer.
“It is important that we ensure that patients have access to their medicine while the medical marijuana industry continues to develop.”
“This recommendation will extend the temporary operation of facilities and allow licensed businesses to remain competitive during this transition period,” said LARA Director Orlene Hawks.
LARA recommends that the MMLB adopt a resolution that makes it clear that disciplinary action will not be taken against an applicant in the following circumstances:
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Temporarily Operating Facilities (through March 31, 2019)
The applicant’s proposed facility is within a municipality that had an authorizing ordinance in place by December 15, 2017.
The applicant applied for a license no later than February 15, 2018.
The applicant notifies the Department within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Licensed Provisioning Centers (through March 31, 2019)
The Board will not take disciplinary action against a licensed provisioning center for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:
Obtain signed patient consent prior to selling any marijuana products that have not been tested in full compliance with the law and administrative rules.
Enter all inventory into the statewide monitoring system immediately upon receipt from a caregiver or from a temporarily operating facility.
Verify and confirm – before any sale or transfer – with government issued photo identification and the statewide monitoring system that the customer holds a valid registry identification card.
Enter all sales in the statewide monitoring system and determine sales will not exceed daily purchasing limits.
Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Licensed Growers or Processors (through March 31, 2019)
The Board will not take disciplinary action against a licensed grower or processor for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:
Enter all marijuana products as inventory into the statewide monitoring system immediately upon receipt.
Tag or package all inventory that has been identified in the statewide monitoring system.
Only transfer marijuana products that have been tested in full compliance with the law and administrative rules.
Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Michigan regulators are recalling marijuana products sold at dispensaries in Detroit and Kalamazoo after failing lab tests for mold and bacteria.
The products were sold at the Green Mile on Eight Mile Road in Detroit and Compassionate Care by Design in Kalamazoo.
Additionally, regulators announced late Friday the recall of marijuana sold in Lansing because of chemical and bacterial contamination.
The Department of Licensing and Regulatory Affairs (LARA) issued two safety and health advisoriesfor the items sold between Dec. 18 and Jan. 3 at the Green Mile in Detroit and Dec. 12 and 29 at Compassionate Care by Design in Kalamazoo.
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Products recalled at the Detroit dispensary include Gelato, Superman OG, Mimosa, and Girl Scout Cookies. The Gelato and Girl Scout Cookies items failed the lab testing for yeast and mold, while Superman failed for chemical residue. Bile-tolerant gram-negative bacteria and coliforms were the cause for the recall of the Mimosa strain.
Items recalled at the Kalamazoo dispensary include Critical Cali, GMO, Silver Haze, Girl Scout Cookies, Critical Kush, Blueberry, Skunk #1, Chunk D, Amnesia Lemon Kush, Purple Punch, and Special Kush.
From the minute Michigan voters approved legal cannabis, communities around the state began to grapple with a pressing question:
How can we shut it down?
You might not think that’d be the first priority for elected officials in a state whose voters approved the sale and use of recreational marijuana last November by a solid 56-44 percent margin.
Yet when it comes to marijuana, many folks are of two minds: Using or buying it shouldn’t be a crime, but … do you really want a weed shop on your street?
Metro Detroit communities Allen Park, Pontiac, Livonia, Northville, Birmingham, Troy and Grosse Pointe City are among the more than 60 cities and townships around the state that voted to opt out of the marijuana business since recreational use was approved last year.
It’s a pattern that mirrors the aftermath of a successful 2008 ballot proposal that legalized medical marijuana.
Because Detroit was slow to promulgate its own regulations, some 250 medical marijuana dispensaries opened in the city. A 2015 survey by Detroit data firm Loveland found that medical marijuana dispensaries were clustered along the city’s suburban borders, and its major thoroughfares, presumably in proximity to a suburban market that wanted access to medical marijuana without housing the dispensaries themselves.
Detroit struggled to get a handle on the proliferation of medical marijuana dispensaries within its limits. Detroit’s City Council approved an ordinance to license and regulate those businesses in 2017, but a voter referendum that year complicated the process with a lengthy court battle.
