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Who is eligible to be an employee for a licensed facility?
Licensees may employ individuals as provided in the MMFLA and administrative rules.
The MMFLA does not require the licensing of individual employees working in a licensed facility. However, the law requires the holder of the license to conduct a background check on the prospective employees. If the background check indicates a pending charge or conviction with the past 10 years for a controlled substance-related felony, a licensee shall not hire the prospective employee without written permission of the Agency. For more information see Employee Background Checks - Pending Charges and Convictions
For Growers and Processors:
The Medical Marihuana Facilities Licensing Act (MMFLA), MCL 333.27101 et seq., requires grower and processor facility licensees to have at least 2 years’ experience as a caregiver, or have an active employee with such experience. This requirement ends on December 31, 2021. However, a licensed grower or processor must not simultaneously be registered as a caregiver and must not employ a registered caregiver. Thus, the Agency requires the following:
- Upon receiving a license, any employee or person with interest in the business who is also a caregiver must submit the form to cancel caregiver status within 5 business days.
- If a new employee is a caregiver, that person has 5 business days from their date of hire to submit the form to cancel caregiver status.
The MMFLA does not prohibit grower and processor facility licensees from being registered as patients under the MMMP, nor does it prohibit such facilities from employing registered patients.
For Secure Transporters:
To be eligible for a secure transporter license, an applicant and its investors cannot be registered patients or caregivers. Thus, the Agency requires the following:
- A registered caregiver or patient must withdraw from the MMMP registry prior to applying for a secure transporter license.
- A registered caregiver or patient who has an interest in an applicant for a secure transporter license must withdraw from the MMMP registry before the applicant submits its application.
For Provisioning Centers and Safety Compliance Facilities:
The MMFLA does not prohibit provisioning center and safety compliance facility licensees from being registered as patients or caregivers under the MMMP, nor does it prohibit such facilities from employing patients or caregivers.
How to Withdraw from the MMMP Registry: A patient or caregiver who wishes to withdraw from the MMMP registry must submit a completed withdrawal form directly to the MMMP according to the instructions on the form. Withdrawal may also be submitted through Accela Citizen Access.