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Understanding the New Medical Marijuana Facilities Licensing Act in Michigan

The Medical Marijuana Facilities Licensing Act, as set forth in Michigan Compiled Laws, creates the regulatory framework for each of the five available licenses. The word framework is specifically chosen because these series of statutes do not comprise the entire regulatory landscape. This is because these statutes do not come fully into definition, use or application without the corresponding administrative rules.

House Bill 4209 became the series of laws known as the Medical Marijuana Facilities Licensing Ac. This Act does many things such as provide licensing for those who grow, process, transport, provide, and test marijuana. It also establishes a licensing process with the Department of Licensing and Regulatory Affairs (LARA). Contact a skilled medical marijuana attorney for more help understanding the new medical marijuana facilities licensing act in Michigan.

Defining LARA

An important part of understanding the new medical marijuana facilities licensing act in Michigan is knowing which organizations are involved in the process. The rules of the marijuana licensing act will be drafted by the Michigan Department of Licensing and Regulatory Affairs (LARA). Anyone who is currently a patient or caregiver may be familiar with LARA. These administrative rules have not yet been written (due December 2017) but when drafted will include the actual license application, cost, and so forth. Although this information is not yet available, by contacting a knowledgeable lawyer, individuals can learn more about what this regulatory framework might look like.

The medical marijuana facilities licensing act requires LARA to create emergency rules with the board. The Act requires those who have licenses to use a third-party inventory tracking and control system. It also requires those who have licenses to prove to LARA that they have the financial ability to pay for liability of harm to marijuana users caused by adulterated marijuana. The Act creates the Marijuana Advisory Panel, which makes recommendations to the Marijuana Licensing Board.

Role of the Licensing Board

The Act also creates the Medical Marijuana Licensing Board, which oversees licensing and the operation of medical marijuana facilities. In addition, Medical Marijuana Facilities Licensing Act requires fees to both apply for and maintain a medical marijuana license. Fees to maintain the license will go into a Marijuana Regulatory Fund, which will be used for administering and enforcing this act.

It is important to consider that it requires provisioning centers to pay a tax related to their retail gross income. This tax goes into the new Medical Marijuana Excise Fund. The money in this fund goes to places where marijuana facilities exist. Money from the fund also goes to State Police, the Michigan Commission on Law Enforcement Standards, and the State General Fund (until September 2017). After September 2017, the money will go instead to the First Responder Presumed Coverage Fund.

What are some Requirements Someone Seeking Licensing might Face?

The Marijuana Licensing Board is now authorized to impose fines and license suspensions if someone violates the rules set in place. The bill imposes restrictions on board members, agents, and employees to prevent conflict of interest. For those who are properly licensed and following the regulations, it exempts them from marijuana-related prosecution. It also does this for those who are registered medical marijuana patients and caregivers.

Benefit of an Attorney

Local and national laws regarding marijuana usage are changing and being cultivated. If you or someone you love is interested in pursuing a medical marijuana license, an attorney can be critical to beginning that process. When it comes to understanding the new medical marijuana facilities licensing act in Michigan, do not hesitate to contact an attorney with an updated understanding of the application process.