New Michigan Medical Marihuana Provisioning Centers Outlined
Michigan Governor Snyder signed into law the Michigan Medical Marihuana Facility Act, which brought medical marihuana provisioning centers here in Michigan. This new law takes away issues that medical marihuana patients and caregivers have faced since the enactment of the Michigan Medical Marihuana Act (MMMA) in 2008. With the establishment of medical marihuana provisioning centers, these individuals owning and operating the provisioning centers will be able to legally sell and distribute medical marihuana to qualifying patients and caregivers. Whats more, is that the provisioning centers will be able to sell both usable (flower) marihuana and marihuana-infused products. Again, this is a huge obstacle that patients and caregivers are now able to avoid in order to obtain their medical marihuana.
It should be noted that the new laws on medical marihuana provisioning centers will not become effective until approximately the fall of 2017, which was determined by the Statute. Moreover, and most importantly, in order for a medical marihuana provisioning center to operate legally they must first obtain a license, which is issued through the State. The caveat in the Statute is that in order for an individual to even apply for a medical marihuana provisioning license (or any license under the statute) the local municipality, where the license is to be used, must first establish a local ordinance specifying for the provisioning centers operation. Beyond that, an individual or a business entity will need to formally file an application for the medical marihuana provisioning license, which requires certain disclosures and requirements prior to the issuance of the license. For example, individuals convicted of specific crimes within a specific period leading up to the filing of the application could or may be automatically precluded from obtaining the license. This applies even if the individual applying is a business entity since there is a disclosure requirement for specific individuals within the application process. Moreover, that disclosure process also takes into account an individuals prior criminal record, even when that individual may not be automatically precluded by the statute to obtain a medical marihuana provisioning license. What this means is that the application has a character requirement for the applicants, and thus crimes, convictions or arrests, etc. could potentially stop an individual from being approved for a license if determined by the committee or board overseeing such approval.
If an individual obtaining a medical marihuana provisioning license, he, she or they will need to also obtain other specific requirements in order to operate legally under the new Medical Marihuana Facility Act. Some of these requirements include, but are not limited to, obtaining medical marihuana from specific growers or processors. Under the new law, the medical marihuana system is interconnected, and thus licensed growers and processors will be the ones supplying the individual provisioning centers. Also, medical marihuana provisioning centers will be required to a 3rd party inventory control system and tracking system. It’s important to note that the system implemented in the medical marihuana provisioning center must be compatible with interfacing or connecting with the State’s tracking system. This requirement makes logical sense since the State will be setting up a seed to sale tracking system for all medical marihuana sold through the new licensing system.
Due to the requirements both for the application and the functioning of the business, anyone who is wanting to or thinking of applying for a medical marihuana provisioning license should consult, obtain or hire an attorney prior to doing filing such application. The reason for this is due to the specific requirements in order to act under the legality of the license, which starts prior to and after obtaining approval. Remember, never rely on this website or any other website when attempting to effectuate the law or legality of a Statute before any governing body, court or otherwise here in Michigan or throughout the United States without first obtaining assistance and guidance from counsel.