Is it accurate that LARA will not consider a proposed medical marijuana facility's continued operation with local approval as an impediment to licensure?

An applicant for a state operating license may temporarily operate a proposed marijuana facility that would otherwise require a state operating license if either of the following applies:

  • The applicant’s proposed marijuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following:
    • The municipality has adopted an ordinance before December 15, 2017.
    • The municipality authorizes the temporary operation of the applicant.
  • The applicant’s proposed marihuana facility is within a municipality that has adopted an ordinance pursuant to section 205 of the act before December 15, 2017. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all the following:
    • The municipality has adopted an ordinance pursuant to section 205 of the act, including, if applicable, the disclosure of any limitations on the number or type of marijuana facilities, or both.
    • The municipality authorizes the temporary operation of the applicant. A resolution may be adopted by a municipality that authorizes the clerk of the municipality or his or her designee to sign the attestation form.

For additional information, refer to the Emergency Administrative Rules, specifically rule 19.