Rule 19. Temporary operation; limited circumstances; conditional.

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

(a) The applicant’s proposed marihuana 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:

(i) The municipality has adopted an ordinance before December 15, 2017.

(ii) The municipality authorizes the temporary operation of the applicant.

(b) 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:

(i) 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 marihuana facilities, or both.

(ii) 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 in subdivision (b) of this subrule.

(2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules.

(3) An applicant that is temporarily operating under this rule is not guaranteed a state operating license.

(4) For purposes of this rule only, an applicant shall apply for a state operating license as prescribed by the act and these rules no later than February 15, 2018. If the applicant does not apply for a state operating license as prescribed by the act and these rules no later than February 15, 2018 then the temporary operation may be used as a reason for denial of a license as prescribed in Rule 12.

(5) The department shall issue or deny a state operating license under this rule on or before September 15, 2018. A municipality with an authorizing ordinance under subrule (1)(a) of this rule shall have adopted a new or amended ordinance pursuant to section 205 of the act and these rules no later than September 15, 2018.

(6) An applicant under this rule that has been denied licensure, or has not been issued a license by September 15, 2018, is operating without a license and shall cease any operation. Any temporary operation after September 15, 2018 is considered unlicensed activity. Unlicensed activity may result in a referral to law enforcement for unlicensed activity. The department may notify the state police and department of attorney general of any unlicensed activity.

(7) Notwithstanding the provisions of this rule, if a state operating license is issued, an applicant is no longer operating temporarily and shall comply with all the provisions of the act and these rules.


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