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Under the new administrative rules for the MMFLA there is a specific section that addresses the transition period for MMFLA license holders. Rule 20 (included below) specifically references a transition period of 30 days in which marihuana products can be entered into the statewide monitoring system from the time a license is issued. Rule 20. Transition period. (1) To ensure the safety, security, and integrity of the operation of marihuana facilities, there is a transition period consisting of 30 calendar days during which marihuana product can be entered into the statewide monitoring system to ensure statewide tracking beginning on the day a state operating license is issued to a licensee for the first time except for additional licenses issued to the same license holder for a stacked license after a first license is issued. (2) Within the 30-calendar-day period, a licensee shall do all of the following: (a) Record all marihuana product in the statewide monitoring system during this 30-calendar-day period as prescribed by the act and these rules. (b)Tag or package all inventory that has been identified in the statewide monitoring system as prescribed by the act and these rules. (c) Comply with all testing requirements as prescribed by the act and these rules. (3) After the 30-calendar-day period, any marihuana product that has not been identified in the statewide monitoring system under these rules and the act is prohibited from being onsite at a marihuana facility. (4) A violation of this rule may result in sanctions or fines, or both. (5) At any time during this 30-calendar-day period and thereafter, a marihuana facility is subject to an inspection under Rule 16. Does this mean that any outside products (most likely produced by caregivers; plants, concentrates, and flower) would be allowed to be transitioned into the licensing system as long as they are tagged and meet testing requirements? This would be extremely beneficial to the transition to ensure that there is an uninterrupted supply of marihuana to patients, who rely upon dispensaries. Individuals applying for licenses or involved with such entities should still proceed with extreme caution as this rule does not legalize transfers of plants, concentrates, or flower from one caregiver to another or from a caregiver to a license holder and admitting to possession of a larger amount than 1 caregiver is allowed to carry at once or admitting to receiving a transfer from a caregiver may be incriminatory on both the license holder and the caregiver. The question that still remains is that when an individual at a facility identifies 1,500 fully grown plants in their facility 1 day after receiving a license, is the state going to want to know where that came from? Given the fact that caregivers are given a 5 day window to relinquish their caregiver status once approved for licensing and license holders are allowed a 30 day window to tag and test all items into the seed to sale tracking software, the question of what a transitioning caregiver should do is definitely a question to consider. See below link for entire administrative rules: http://komornlaw.com/wp-content/uploads/2017/12/Emergency_Rules_Medical_Marihuana_Facilities_Licensing_Act_607643_7.pdf Follow this thread as more insight and commentary will be provided daily on the emergency administrative rules and other rulings in relation to the MMFLA.
The purpose of this bulletin is to advise municipalities (cities, townships, and villages) of the Bureau of Medical Marihuana Regulation’s (BMMR) intentions regarding municipality authorization of medical marihuana facilities. This bulletin is only for advisory purposes and is subject to change. Under the Medical Marihuana Facility Licensing Act (MMFLA), MCL 333.27101 et seq., a municipality has the discretion to adopt an ordinance authorizing one or more types of marihuana facilities to operate within its boundaries. An applicant that is located in a municipality without an authorizing ordinance is ineligible for state marihuana facility licensure. The Bureau intends to rely on the local municipality’s authorizing ordinance to determine whether an applicant is in compliance with relevant provisions of the MMFLA. Information that will be considered includes the following: The types of marihuana facilities (growers, processors, provisioning centers, safety compliance facilities, and/or secure transporters) allowed to operate in the municipality. If applicable, the maximum number of each type of marihuana facility allowed to operate in the municipality. Any zoning regulations that apply to marihuana facilities within the municipality, including whether licensees may apply for special use permits. More information regarding municipalities and the MMFLA: Municipalities shall not impose regulations regarding the purity or pricing of marihuana. Municipalities shall not impose regulations that conflict with statutory regulations for licensing marihuana facilities. There is no deadline for municipalities to adopt authorizing ordinances. Municipalities are not required to “opt out” or prohibit marihuana facilities within their boundaries. This bulletin does not constitute legal advice and is subject to change. It is intended to be advisory only, in anticipation of the Department of Licensing and Regulatory Affairs’ promulgation of emergency rules consistent with statutory requirements. Potential licensees are encouraged to seek legal counsel to ensure their licensure applications and operations comply with the Medical Marihuana Facilities Licensing Act and associated administrative rules. http://www.michigan.gov/documents/lara/ADVISORY_BULLETIN_-_Municipal_Authorization_FINAL_604557_7.pdf