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You might be thinking about starting a marihuana provisioning center in Michigan. Now, after the passage of the Medical Marihuana Facilities Licensing Act or the MMFLA (M.C.L. 333.27401 et seq.) that is possible, but only if you acquire municipal approval and a State issued operations license. "Provisioning Center" is the legally allowable term under Michigan's Bureau of Licensing and Regulatory Affairs, Bureau of Medical Marihuana Regulation, for what was formerly referred to colloquially as a "dispensary." The existing guidelines no longer allow such businesses to be referred to legally as "dispensaries" and the State requires that they be referred to as marihuana provisioning centers. A provisioning center is generally a business where qualifying patients under the Michigan Medical Marihuana Act or the MMMA (M.C.L. 333.26421 et seq.) may come to purchase medical marihuana for medical usage. While a provisioning center can be a profitable e...

Any individual who is a registered qualifying patient or registered caregiver with the State of Michigan running under the Michigan Medical Marijuana Act (MMMA) will certainly not be impacted by the new MMFLA. The same rights, benefits, immunities as well as protections available under the MMMA will still apply to patients and caregivers that are adhering to the policies. Consequently, a patient or caregiver may continue to grow medical cannabis, as long as it is done within the boundaries developed by the MMMA, without any added policies, constraints or guidelines. The Medical Marijuana Facilities Licensing Act (MMFLA) does not interfere with, change, or customize, in any way, the MMMA. The MMFLA creates the capacity for individuals to acquire licenses to operate organisations in the medical marijuana market. Such companies will certainly enable greater access to registered patients and caregivers to get medical marijuana for themselves and their patients. Those greater access opportu...

Detroit Medical Marijuana Update The past week has been a hectic one in the City of Detroit when it pertains to Medical Marijuana Facilities Licensing Act concerns. The City application deadline for presently running centers was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. issued a ruling concerning the voter initiatives as well as dispensary zoning requirements. Ultimately, the City issued a moratorium on applications and also approvals for new medical marijuana provisioning centers within the City of Detroit. Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana provisioning center proprietor as well as you got on the City's authorized operating list, you were required to send your application to the State of Michigan Bureau of Licensing and Regulatory Affairs by February 15, 2018. That application additionally had to be filed with the City of Detroit for municipal attestation of operating approval by that date as well. If yo...

The Bureau of Medical marijuana Regulation is persevering on their position that all cannabis centers that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will have to shut down, and will get a cease and desist letter at that time. While the centers are not mandated to shut down, the State Bureau of Licensing and Regulatory Affairs has made clear that any facility that continues to operate after receipt of the cease and desist will most likely not be given a license. Further, the State has set forth suggested Final Rules concerning Medical Marihuana Facilities licensing, which is going to enable or registered qualifying clients to obtain house shipments from provisioning centers (with constraint, of course) and will likewise permit online ordering. So, where does that leave registered caregivers, who were anticipating to be able to remain relevant to their patients up until 2021? Traditional Model The old model for registered caregivers was pretty s...

Previously this month, the Court of Appeals, in a split decision, figured out that the Michigan Medical Marijuana Act does NOT protect caregivers or patients that are in possession of wet cannabis that is in the drying out procedure, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour determined that because wet cannabis that remained in the drying procedure was not usable cannabis, possession of wet marijuana was not protected by the MMMA. The MMMA specifies much of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to suggest the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, yet does not include the seeds, stalks, and also roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that meant that wet, undried marijuana was not a component of w...

Proposition One Passed On November 6, 2018, Michigan became the tenth state to legislate the leisure use of marihuana by its residents. The vote passed by a considerable margin and makes Michigan the only State in the Midwest that has actually allowed recreational use of marijuana. Now, we need to consider what happens next, and individuals need to be clear about what's legal today, and what's changing in the near future. Please note: Despite The Fact That MICHIGAN HAS PASSED PROPOSAL ONE AND THE STATE WILL ALLOW POSSESSION OF MARIHUANA UNDER PARTICULAR SCENARIOS IT IS STILL ILLEGAL UNDER FEDERAL LAW. You must consult with an attorney if you have any questions about how the conflict in between State and Federal law might affect you. What's Next? Now that Proposition One has passed, what occurs now? Well, firstly, the recreational use of cannabis in its variety of usable types will now be allowed, however within limits and legal limitations. Before that can happen, however, ...