Municipal Authorization Update

[Guest Josh_Colton]

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

[Restorium2]

.Municipalities can decide how much of a bribe they need to pass out applications for a license. 

I watched a video of people lined up to pay $5000 for an application in one township.

In another, people waited in line for days to get an opportunity to bribe the locals for an application.  

[blackhorse]

Instead of first come, first served maybe change over to a lottery system. This would stop the lining up days in advance.

Think townships can come up with their own system.

[shishka]

4 hours ago, Restorium2 said:

.Municipalities can decide how much of a bribe they need to pass out applications for a license. 

I watched a video of people lined up to pay $5000 for an application in one township.

In another, people waited in line for days to get an opportunity to bribe the locals for an application.  

Interesting, I bribed meijer $1.79 for a gallon of milk this morning.

[Restorium2]

Until we call it a bribe it will never be recognized as crooked. Soon they become acceptable. Ah, that ship has sailed. 

[mibrains]

LARA Ensures Patient Protection During Medical Marihuana Licensing Process

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

November 1, 2017 – To help ensure the continued protection of medical marihuana patients, the Dept. of Licensing and Regulatory Affairs (LARA) announced today its intention to issue emergency rules later this month which would allow proposed medical marihuana facilities – that would otherwise require a state operating license under the Medical Marihuana Facilities Licensing Act (MMFLA) – to continue to operate with local approval without impacting the applicant’s eligibility for licensure.

Since its inception in April, the Bureau of Medical Marihuana Regulation (BMMR) has pro-actively engaged medical marihuana stakeholders and has listened intently to input from Michigan’s most vulnerable patients.

“After dozens of hours of public comments, discussions with more than one hundred workgroup members, and numerous letters and emails, it is clear that BMMR and the Medical Marihuana Licensing Board must enact measures that help protect medical marihuana patients and ensure they have continued access to their medicine,” said BMMR Director Andrew Brisbo.“Through emergency rules, the Bureau and Board will not consider a medical marihuana facility’s prior operation as an impediment to licensure as long as the applicant documents approval from their municipality in their application.”

To avoid facing an impediment to licensure, the applicant must have been operating a proposed medical marihuana facility within the boundaries of a municipality that adopted an authorizing ordinance prior to December 15, 2017, and must submit a complete prequalification application by February 15, 2018, with one of the following documents included in the application:

• An attestation – signed by the local clerk – that affirms the municipality has allowed, by ordinance, the operation of marihuana establishments.
• An attestation – signed by the local clerk – that affirms the municipality has adopted a new or amended ordinance required under section 205 of the MMFLA.

BMMR also announced the following clarification:

• Proposed medical marihuana facilities that continue to operate with local approval are not guaranteed a state operating license.
• Proposed medical marihuana facilities that continue to operate with local approval must cease operations if any of the following are true, or risk denial of licensure:
• A completed prequalification application is not turned into LARA by February 15, 2018.
• The applicant has been denied state licensure.
• The applicant has not been issued a state license by June 15, 2018.
• Noncompliance is grounds for disciplinary action and referral to law enforcement for unlicensed activity. 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. This process will allow for unlicensed activity to be reported to LARA and potentially forwarded to the Michigan State Police and the Attorney General.
• LARA and the Medical Marihuana Licensing Board expect to begin issuing state operating licenses by April 2018, if not sooner.

Click here for a list of frequently asked questions regarding this measure.

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

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

[mibrains]

its about time...

[Restorium2]

Noncompliance is grounds for disciplinary action and referral to law enforcement for unlicensed activity.

 

They already are totally illegal and the police do nothing....

[semicaregiver]

1 hour ago, Restorium2 said:

Noncompliance is grounds for disciplinary action and referral to law enforcement for unlicensed activity.

 

They already are totally illegal and the police do nothing....

I am guessing this may change.    As I understand it they are suppose to be setting up a state based enforcement group.  I think they are already doing this.  IIRC they transferred several million from the patient/caregiver fund to get started.  Once they are up and running I would assume that they will go looking for violations to justify their existence.  

[bobandtorey]

To help ensure the continued protection of medical marihuana patients ?

 

 

I can't believe that the State of Michigan will protect patients they haven't so far

[bobandtorey]

2 minutes ago, semicaregiver said:

I am guessing this may change.    As I understand it they are suppose to be setting up a state based enforcement group.  I think they are already doing this.  IIRC they transferred several million from the patient/caregiver fund to get started.  Once they are up and running I would assume that they will go looking for violations to justify their existence.  

I hope you'll right 

[Restorium2]

4 minutes ago, bobandtorey said:

To help ensure the continued protection of medical marihuana patients ?

 

 

I can't believe that the State of Michigan will protect patients they haven't so far

They don't care, and never have cared, about patients. Only the money. That will never change. 

[Restorium2]

14 minutes ago, semicaregiver said:

I am guessing this may change.    As I understand it they are suppose to be setting up a state based enforcement group.  I think they are already doing this.  IIRC they transferred several million from the patient/caregiver fund to get started.  Once they are up and running I would assume that they will go looking for violations to justify their existence.  

Money for party favors, donuts and grenade launchers, to give them something to do while they are pretending to do something. They are stealing that money from patients and caregivers who are following the rules while they let those that have no rules benefit. If any law enforcement had a shred of honor they wouldn't be party to this party. No one should go to jail over a plant but plenty should be prosecuted for giving/taking bribes and stealing from the qualified rule followers.