Medical Marihuana Facility License Act In Michigan
In September 2016, Governor Synder signed into law Michigan Medical Marihuana Facility License Act, establishing a system that allows Michigan Medical Marihuana Patients and Caregivers to obtain their medical marihuana through a commercial business legally. This changes the current landscape because until this law becomes effective the State of Michigan, and the MMMA patents and caregivers, have been restrained by the decision in People v McQueen, which essentially outlawed businesses from selling medical marihuana to patients and caregivers. Now, with the Medical Marihuana Facility License Act there is a specific license an individual must obtain before they are allowed to commercially dispense or sell medical marihuana to Michigan patients and caregivers. What’s more, is that the license is overseen by the State; however, it is up to the local municipality on whether or not a business can be licensed within that particular locale.
So let’s back up a moment . . . the Medical Marihuana Facility License Act actually establishes multiple licenses for various activities that medical marihuana patients and caregivers engage in. The various licenses created by the Act are as follows: (i) grower, (ii) processor, (iii) secure transporter, (iv) provisioning center, and (v) safety compliance facility. As you can see by the individual names for each license, the Michigan Facility Licenses are broken down into the various activities that go into growing, harvesting and distributing medical marihuana to end users (patients and caregivers). There is also a compliance facility, for testing purposes. Moreover, the Statute identifies that the system to be implemented will also incorporate state-wide monitoring in order to keep track of the marihuana created by the individual license holders. This means all marihuana grown, processed and then sold will be tracked from the moment it is planted. Lastly, only secure transporters will be allowed to move the marihuana between the various individuals, which also requires a specific license.
As mentioned above, the local municipalities will be the ultimate deciders on what type of medical marihuana facility license will be issued within their boundaries. The reason for this is due to the language in the Statute, which identifies that the municipality will determine which type of facility will be allowed through the creation of a local ordinance. Once the local ordinance has been established an individual will be allowed to apply for the particular license that the locale allows for, but must apply through the State. The application process, is seemingly the same for each individual license, and each individual license provides for legal protection for the activities covered by that particular license. Moreover, and in the end, it is the State who will approve or deny an individual’s application for a medical marihuana facility license. It should also be noted that there are particular convictions and time periods that could automatically preclude an individual from obtaining a license. This is important to consider if there is a corporation or other business entity looking to apply because the clearance checks require certain parties of those entities to make certain disclosures within the application.
It is so important to obtain legal advice, guidance and assistance if you are attempting to obtain a medical marihuana facility license. This act becomes effective on a specific day, requires specific information, and many other business necessities in order to maintain compliance with the Act and license. Remember, you should never rely on this website or any other website in order to obtain legal knowledge or information that you would want or like to use if you ever choose, want or attempt to defend yourself within a court in Michigan or the United States. Always seek out legal counsel and assistance.