Michigan Extends Deadline for Certain Medical Marihuana License Applicants

Media Contact: LARA Communications 517-373-9280
Email: mediainfo@michigan.gov

September 11, 2018 – The Dept. of Licensing and Regulatory Affairs (LARA) has issued new emergency administrative rules to continue the implementation of the Medical Marihuana Facilities Licensing Act (MMFLA). Gov. Rick Snyder today signed the new rules to help ensure the continued protection of medical marihuana patients. Effective today, certain proposed medical marihuana facilities that would otherwise require a state operating license under the MMFLA may continue to operate with local approval until December 15, 2018 without impacting the applicant’s eligibility for licensure.

Applicants who had been operating with temporary authorization fall into one of four different categories and the new emergency rules effect each of them differently:

  • Applicants who applied on or before February 15, 2018 and submitted the marihuana facility license application (i.e. Step 2) after June 15, 2018 or have not yet submitted a Step 2 application.

Any continued operation of a medical marihuana facility after September 15, 2018 will be considered an impediment to licensure. The department intends to issue cease and desist letters and will refer any unlicensed activity to law enforcement.

  • Applicants who applied on or before February 15, 2018 and submitted the marihuana facility license application (i.e. Step 2) on or before June 15, 2018.

The applicant’s operation with local authorization for temporary operation (Attestation E) will not be considered an impediment to licensure. If a facility has not been issued a license by the department by December 15, 2018, continued operation will be considered an impediment to licensure.

  • Applicants who were approved for licensure by the board prior to September 11, 2018 but have not been issued a license.

The applicant must pay the regulatory assessment within 10 business days. Continued operation after the 10-business day window may result in disciplinary action if the regulatory assessment has not been paid. Once the regulatory assessment has been paid, the applicant may continue to temporarily operate with local authorization until the department issues the license.

  • Applicants who were issued a license prior to September 11, 2018.

The licensee may return the license in a manner to be determined by the department. Once the license has been returned, the applicant may continue to temporarily operate with local authorization until the department issues the license.

A provisioning center licensee may sell product that has not been tested in compliance with the act and emergency rules, provided the licensee obtains a signed written acknowledgement from the patient or caregiver consenting to the sale or transfer.

Any marihuana product obtained prior to the date of licensure may continue to be sold after the date of licensure, provided the licensee obtains a signed written acknowledgment from the patient or caregiver. Any marihuana product obtained after the date of licensure must be obtained from a licensed facility and must be tested in full compliance with the act and emergency rules.

Ultimately, licensure decisions will be made by the members of the Medical Marihuana Licensing Board (MMLB), who may choose to consider unlicensed activity as part of the licensing criteria when deliberating on the overall application. Until a license is received from the state, the operation of a proposed medical marihuana facility should be considered a business risk by the operator. Non-compliance will be grounds for disciplinary action and referral to law enforcement for unlicensed activity.

The September Emergency Rules can be found here. More information can also be found in the BMMR Advisory Bulletin issued today.

For more information on BMMR, please visit: www.michigan.gov/bmmr

For more information about LARA, please visit www.michigan.gov/lara
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