Medical Marijuana Licensing Board: Role and Regulations

The Medical Marihuana Facilities Licensing Act (MMFLA), outlined in Michigan Compiled Laws, establishes the Michigan Medical Marijuana Licensing Board (the Board), which plays a critical role in regulating medical marijuana facilities across the state. This Board operates under the Department of Licensing and Regulatory Affairs (LARA) and is responsible for issuing licenses, ensuring compliance with state regulations, and addressing violations.

The Board consists of five members, all of whom must meet specific eligibility requirements:

• Michigan Residency: Members must be residents of the state.
• Appointment by the Governor: Members are appointed by Michigan's Governor, with recommendations from legislative leaders:
  • One member is nominated by the Senate Majority Leader.
  • One member is nominated by the Speaker of the House.
• Political Party Representation: No more than three members can belong to the same political party.
• Chairperson: The Governor appoints one member as the Chairperson of the Board.

If you would like to learn more about how the Board operates, consulting a knowledgeable marijuana licensing attorney can provide valuable insights.

Board members serve terms of four years, with staggered initial terms for the first appointees:

• One member serves for two years.
• Two members serve for three years.
• Two members serve for the full four-year term.

Board members may be removed from office by the Governor for:

• Neglect of Duty: Failing to fulfill their responsibilities.
• Misfeasance, Malfeasance, or Nonfeasance: Engaging in misconduct or failing to act appropriately.
• Other Just Cause: Any other valid reason deemed appropriate by the Governor.

Certain circumstances render individuals ineligible to serve on the Michigan Medical Marijuana Licensing Board:

1. Criminal History:
   • Indictment, charge, or conviction for a misdemeanor involving controlled substances, theft, dishonesty, or fraud.
   • Any felony conviction.
2. Conflicts of Interest:
   • Holding a similar license in another state.
   • Having a family member with a pending application before the Board.
3. Moral Standing: Individuals must be in good moral standing to serve.
4. Public Office: Members cannot hold another compensated public office while serving on the Board.

Potential applicants must meet specific requirements and provide detailed disclosures when applying for a position on the Board:

• Financial Disclosure: Submit a comprehensive statement to the Governor, including:
  • Assets, liabilities, business interests, properties, and sources of income.
  • A financial disclosure statement for their spouse.
• Post-Service Restrictions: For two years following their term, former Board members:
  • Cannot establish an interest in or be employed by any marijuana licensee, applicant, or facility.
  • Cannot represent any individual or entity, other than the state, before the Board.

These restrictions ensure impartiality and prevent conflicts of interest after Board members complete their service.

Navigating the rules and regulations of the Medical Marijuana Licensing Board can be complex. Consulting an experienced attorney ensures that you:

• Understand Eligibility Requirements: Avoid potential disqualifications before applying.
• Comply with Financial Disclosure Rules: Prepare accurate and thorough documentation.
• Protect Your Business Interests: Ensure compliance with Board regulations during and after your service.

At Barone Defense Firm, our team of skilled attorneys has extensive experience in Michigan marijuana law and licensing. We provide:

• Comprehensive Guidance: Helping applicants and businesses navigate the complexities of marijuana licensing.
• Regulatory Expertise: Deep knowledge of the MMFLA and its implications for Board operations.
• Statewide Representation: Serving clients in Bloomfield Hills, Grand Rapids, Ann Arbor, Troy, and beyond.

If you’re considering applying for a position on the Michigan Medical Marijuana Licensing Board or need assistance navigating its regulations, contact Barone Defense Firm today.

Call 248-306-9158 or contact us online for a free consultation.