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All Michigan Dispensaries May Have To Close Soon


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LANSING (WWJ/AP) – Up to 250 medical marijuana dispensaries in Michigan may have to close their doors until the end of the year.

Michigan’s medical marijuana board is meeting Tuesday to receive guidance on its authority to close dispensaries until the state begins issuing licenses under a new regulatory system.

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Some board members expressed a desire to shut the shops at a meeting last month, sparking concerns from patients and others. The board will reconvene Tuesday near Lansing to hear from the state’s Bureau of Medical Marijuana Regulation, which has been meeting with the state attorney general’s office on regulating such businesses.

Starting in mid-December, medical marijuana businesses will be able to apply for licenses to operate. But some board members say existing dispensaries, many of which have been open for years, are illegal under a Michigan Supreme Court ruling and should be closed until licensing begins

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It seems that everything is cool until Dec 15th ... nice they calmed down and remembered patients this time ... "This approach will allow existing operations to wind down while also giving adequate time for patients to establish connections to caregivers to help ensure continuity of access 

Sorry, I couldn't "un-bold" the above, I'm not shouting :)

 

 

 

http://www.michigan.gov/lara/0,4601,7-154-79571_79784-440544--,00.html

 

LARA to Inform Medical Marihuana Licensing Board Regarding Existing Facilities, License Fees

Emergency rules to be submitted to protect patients and to implement fair and efficient regulations 

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

September 12, 2017 - At a meeting of the Medical Marihuana Licensing Board later today, the Department of Licensing and Regulatory Affairs (LARA) will inform the board members regarding several oversight issues and the implementation of the regulatory framework for the new Medical Marihuana Facility Licensing Act (MMFLA). LARA, in consultation with the board, has sole authority to promulgate rules and emergency rules as necessary to implement, administer, and enforce the MMFLA.

LARA will notify the board of its intent to submit emergency rules necessary for the initial implementation of the MMFLA. The emergency rules – expected to be submitted in November – will further establish regulatory policies, including the application and licensing process and the fee structure. LARA is currently working with the board to develop permanent rules.

Existing Facilities

LARA consulted with the Michigan Attorney General’s office regarding facilities and dispensaries currently in operation and determined that any regulatory action will require an administrative rule. The department’s intent for the emergency rules is to consider any operation of a facility – that would otherwise need to be licensed under the MMFLA – as a potential impediment to licensure if continued after December 15, 2017. LARA will begin accepting license applications for all facilities on that date. This applies to all facilities defined under MMFLA. This approach will allow existing operations to wind down while also giving adequate time for patients to establish connections to caregivers to help ensure continuity of access.

Fee Structure

MMFLA requires LARA, in consultation with the board, to set the application fee and the annual regulatory assessment for each license. LARA will notify the board of its intent to submit emergency rules related to the following fee structure:

  1. The Application Fee is non-refundable and offsets the cost for LARA, the Michigan State Police (MSP), and/or contract costs for investigative services in order to conduct the background investigation of those applying for licenses. The nonrefundable application fee – which must be submitted with the application – will likely be in the $4,000 to $8,000 range, depending on the number of applications received.
  2. The annual Regulatory Assessment offsets operational costs and other statutory mandates including LARA’s costs to implement the act. It also offsets the cost of medical-marihuana-related services provided to LARA by the Michigan Attorney General’s office, MSP, and the Dept. of Treasury. By statute, the assessment must also provide $500,000 annually to LARA for licensing substance abuse disorder programs in addition to five percent of other state departments’ costs to the Michigan Department of Health and Human Services for substance abuse-related expenses.

LARA is currently determining the annual regulatory assessment for fiscal year 2018 for each of the five license categories authorized by MMFLA. Grower A licenses are capped, by statute, at $10,000. Grower B-C, Processor, Transporter, and Provisioning Center licenses will be dependent on the number of total licenses subject to assessment and could be as low as $10,000 or as high as $57,000. The regulatory assessment does not apply to safety compliance facilities.

Future Board Meetings

The Medical Marihuana Licensing Board is scheduled to meet in regular session on October 17, 2017 and November 28, 2017. Both meetings will begin at 1:30pm and will be held at the Big Ten Conference Room A in the Kellogg Hotel & Conference Center at 219 South Harrison Road in East Lansing, MI. Streaming service for both meetings will be available through the website at www.michigan.gov/medicalmarihuana. More information on the BMMR can be found at the bureau’s website: www.michigan.gov/bmmr.

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the board has no power to shutdown anything.

neither does LARA. as LARA doesnt license the current dispensaries either.

this story is getting a lot of attention but its misguided. at least milegalize is using the story to get more attention. but yeesh.

 

Edited by bax
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Our local news said that patients need to get connected to a caregiver because the dispensaries are going down. Simple as that. Makes sense to me. What took em so long?

They still need to make a case for each dispensary, individually, to prove they are even illegal. They keep leaving that part out. The important part. 

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1 hour ago, shishka said:

I am guessing they will not shut them down but come up with temporary operating permits for existing shops come December 15th.

i also see a house rep from Ann Arbor will be introducing a bill to prevent the closure of existing shops.

And I want a cheese sandwich. (inside joke)

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On 9/12/2017 at 5:28 PM, bax said:

the board has no power to shutdown anything.

neither does LARA. as LARA doesnt license the current dispensaries either.

this story is getting a lot of attention but its misguided. at least milegalize is using the story to get more attention. but yeesh.

 

What the board has said is not that they want to shut down all dispensaries but that operating a dispensary would be a disqualifying event if you apply for one of the new licenses. If you have no intention of applying for a new license under the new law then you can operate as usual subject to the whims of the local law enforcement. If however you operate a dispensary now and you stay open after December 15th then your application will be denied based on that fact alone no matter what else is on your application.

 

The supreme court did not say that dispensaries are illegal. What they did say was that a local municipality could consider a dispensary a nuisance and you could be charged for that and made to close. If your local authorities choose to not consider you and charge you as a nuisance then you  can continue to operate. That's why shops stay open in communities like Ypsi and Ann Arbor. Those municipalities do not consider shops nuisances and therefore do not charge them with being a nuisance.

LARA can and apparently intends to make an emergency rule that any shop open after Dec 15th of this year simply does not qualify for one of the new licenses.

 

Edited by Mav
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10 hours ago, shishka said:

If only you had the balls to get yourself one (inside joke as well)

Yup, my balls are just regular ones. lol I got in the brain line. My police record is very good though. Got caught smoking in a park one time though. Back in 1981. Since then it's been smooth sailing. How about you? 

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The 'thing' about dispensaries that has been the most important is that they are the same as caregivers until law enforcement makes a case that they went over 5 per 'supplier'. 

Law enforcement would LOVE to be able to not have to do the investigative work, and the prosecutions, to prove that something is an illegal dispensary. 

So any thought up scenario that doesn't include some kind of proof of illegal activity, real proof, then your scenario about 'illegal dispensaries' doesn't hold water.

I'm not involved with any dispensary. Don't use them. Don't really like them. But everyone is innocent until proven guilty. Same goes for caregivers ganging up at a place someone calls a dispensary. It's totally legal until a case is made and won in court, or guilt is readily admitted to.

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11 hours ago, oldirongut said:

Jeff Sessions or Don Bailey. Best of both worlds. I Believe there are 2 LEO's on LARA's Board, Why would this be ? I would support House Rep' (Ann Arbor) Yousef Rahbi's approach as more reasonable and fair.

Hater cops that enjoyed that so much they want to keep on keeping on ..... rather than finally getting a life. 

So what law is Yousef amending that would allow these folks to break the criminal code for trafficking illegal drugs with no limits. I think he's blowing smoke. 

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Rabhi: Protect Medical Marijuana Businesses, Patients from Regulatory Overreach

Bill would allow existing businesses to apply for licensure without shutting down
Tuesday, September 12, 2017

LANSING — State Rep. Yousef Rabhi (D-Ann Arbor) announced a bill today to prevent existing medical marijuana dispensaries from being shut down by licensing delays. Last year, the Legislature passed bills to license medical marijuana businesses such as processors and dispensaries and to give local governments control over whether to allow such licensed facilities to operate in their municipalities. However, the bills did not specify a process for licensing medical marijuana businesses that are already established. The Medical Marihuana Licensing Board said today that existing businesses must close by Dec. 15 if they want to seek licensure. Because license applications will not be accepted before that date, businesses will be forced to shut down for an indefinite period while they wait for their applications to be processed.

“These businesses are caring for hundreds of patients and have invested in our communities by buying equipment, developing facilities, and training workers,” Rep. Rabhi said. “They should have a chance to show that they meet the licensing requirements without being penalized for investments they made before the licensure legislation was passed. Small businesses can’t afford to be shut down for months by unnecessary bureaucratic procedures.”

Rep. Rabhi’s bill would establish a timeframe for processing the license applications of existing medical marijuana businesses, and would allow existing businesses to continue operating while their applications are processed. Otherwise, all of the licensure requirements would remain the same. The bill also clarifies that current businesses who apply before February will not be barred from licensure solely on account of having operated without a municipal enabling ordinance before this became a requirement. Municipalities would retain their control over whether to allow licensed medical marijuana facilities.

“Shutting down responsible and beneficial businesses before they have the chance to apply runs counter to the goal of providing reasonable guidelines for medical marijuana businesses,” Rep. Rabhi said. “My bill provides a path for existing businesses to become licensed. Communities will have a choice of allowing medical marijuana businesses to operate or not, and many communities want to see these jobs and small businesses protected.”

Rep. Rabhi is continuing to seek legislative co-sponsors for the bill, which he plans to introduce on Thursday.

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Lara Seems pretty confident they have  the power to regulate and close said dispensaries, in fact Don Bailey wanted them shut Sept 15 th, but one member was absent. It seems LARA is intent on doing this. No matter that thousands of patients would be left out and how could that many people find caregivers.?????? Nearly Not Possible. LARA in their brief does not mention of even a possibility of any court or consideration of a dispensary. No talk of singular investigation of any particular dispensary. Just a Blanket statewide shutdown.

Edited by oldirongut
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1 minute ago, oldirongut said:

Lara Seems pretty confident they the power to regulate and close said dispensaries, in fact Don Bailey wanted them shut Sept 15 th, but one member was absent. It seems LARA is intent on doing this. No matter that thousands of patients would be left out and how could that many people find caregivers.?????? Nearly Not Possible. LARA in their brief does not mention of even a possibility of any court or consideration of a dispensary. No talk of singular investigation of any particular dispensary. Just a Blanket statewide shutdown.

It wouldn't be LARA. It would be Shuette/Snyder if anyone. Also the feds of course. Local prosecutors hold the key. They either decide to prove something/someone illegal and prosecute or not.

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2 hours ago, oldirongut said:

Why does LARA act as if  they are the sole prosecutors on this issue ????? No one else has come out saying "We" are going to handle this not LARA. My wife is a Pharmacist and LARA governs her license  and no one else.

LARA will govern over licenses they issue. Up until then everyone without felony convictions should get treated the same. 

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2 hours ago, oldirongut said:

Why does LARA act as if  they are the sole prosecutors on this issue ????? No one else has come out saying "We" are going to handle this not LARA. My wife is a Pharmacist and LARA governs her license  and no one else.

an interesting question.

 

LARA is supposed to be the administrator of the program. the boss, the chief, the prosecutor, the judge and jury.

 

and yet... prosecutors and law enforcement have taken this role, without administrative rule.
 

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On 9/12/2017 at 5:56 PM, Restorium2 said:

Our local news said that patients need to get connected to a caregiver because the dispensaries are going down. Simple as that. Makes sense to me. What took em so long?

They still need to make a case for each dispensary, individually, to prove they are even illegal. They keep leaving that part out. The important part. 

Sorry but it would take an Army to shut down all of them and its not going to happen i think they are trying to scar some just to keep their work load down

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On 9/14/2017 at 3:12 PM, Restorium2 said:

LARA will govern over licenses they issue. Up until then everyone without felony convictions should get treated the same. 

I agree that is how i come up with the year 2020 because the ones that don't get one will sue the State and that will hold things up 

 

just one reason 

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On 9/14/2017 at 5:34 PM, Restorium2 said:

Just like with caregivers, you get a felony and LARA kicks you off. Law enforcement has to convict you first. 

Right most of the time LEO will leave your lights and grow stuff so you can start up again then they come back again and you catch another charge 

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