Towns/Counties/Municipalities Friendly To Outdoor Growing?

[anonterpene]

Hi, I'm a current indoor cultivating caregiver. A friend and I would like to apply for a license and utilize it for outdoor/maybe a hoophouse, and are curious what places y'all have seen that are friendly to outdoor cultivation.

[Restorium2]

You don't apply for a license. You become a caregiver if a patient decides they need you to be their caregiver and grow for them. The key for outdoor growing is stealth and security. Have a decent sized piece of property where you can hide your enclosure from view. Michigan is friendly to outdoor growing if you do it correctly and wisely.

[anonterpene]

9 minutes ago, Restorium2 said:

You don't apply for a license. You become a caregiver if a patient decides they need you to be their caregiver and grow for them. The key for outdoor growing is stealth and security. Have a decent sized piece of property where you can hide your enclosure from view. Michigan is friendly to outdoor growing if you do it correctly and wisely.

I'm talking about applying for a license for 500-1500 plants under the MMMP, so that is dependent on which counties/municipalities/etc issue licenses for outdoor operations. But yes, otherwise the rules overall seem friendly. (Quote from the emergency rules)

Quote

The outdoor area containing the cultivation of marihuana plants is contiguous with the building, fully enclosed by fences or barriers that block outside visibility of the marihuana plants from the public view, with no marihuana plants growing above the fence or barrier that is visible to the public eye and the fences are secured and comply with the applicable security measures in these rules, including but not limited to, locked entries only accessible to authorized persons or emergency personnel.

 

Edited January 20, 2018 by anonterpene

[blackhorse]

A lot of township are requiring the grow to be in a pole barn or a green house with carbon filters and scrubbers. Go to LARA and read up on the rules for each of the grows. The township must opt in before you can apply for a license. Also each municipality has different rules and lot size requirements.

A good source of info for opt in municipalities is Cannabis Legal Group as they have a map that shows opt in and opt out municipalities.

The license will be under the MMFLA.

 

[Restorium2]

Medical Marijuana: State of Michigan Outlines New Procedures and Requirements for Medical Marijuana Facility Licensing

In less than a week, the state of Michigan will start accepting medical marijuana license applications. The Department of Licensing and Regulatory Affairs (LARA) released emergency rules on Monday, December 4, 2017, outlining procedures and requirements for potential licensees. The emergency rules are effective for at least the next six months, and could be extended for another six months as LARA continues the promulgation process for permanent rules.

Many of the items addressed in the rules have already been discussed by the Bureau of Medical Marihuana Regulation (BMMR) during licensing board meetings occurring earlier this year. Nevertheless, and by way of background, last year the state enacted its Medical Marijuana Facilities Licensing Act (MMFLA) to regulate dispensaries and clarify the legality of edible products in Michigan. The law allows licensed dispensaries to operate in communities that choose to allow them. Growers, processers, testing facilities, and transporters are also subject licensure and regulation under the act.

While the MMFLA took effect last year – December 20, 2016 — it included a built-in delay in implementation of 360 days to enable the state to establish the licensing system required by the Act. A person cannot apply to the state for a license of any kind under the MMFLA until Friday, December 15, 2017. And, no one can apply to the state for a license of any kind under the MMFLA unless the municipality where the person is located adopts an ordinance authorizing that type of facility.

Applying for a Medical Marijuana Facilities License

First and foremost under the newly released emergency rules, those seeking a license under the MMFLA will be able to submit applications on December 15, 2017. Applicants will have to pay a $6,000 fee per license application and undergo extensive background checks for anyone who has ownership interest. The background checks will include submitting fingerprints and a handwriting exemplar to the state.

The rules require licensee to meet certain capitalization requirements. The requirements range from $150,000 to $500,000. A retail operation — called a provisioning center – carries a $300,000 capitalization requirement, which must be proven through attested financial statements.

Only 25 percent of the capital required needs to be in liquid assets, cash or cash equivalents – easily converted to cash. Up to 15 ounces of usable marijuana or 72 marijuana plants may be used toward the capitalization requirements.

LARA has broad authority to deny a license. A licensee can be denied if an applicant fails to comply with the rules or if the applicant is operating a facility after December 15 without a license. That said, facilities that are operating in a municipality that has licensed them can operate after December 15, may be permitted to continue operations, but must submit documentation showing the local municipality allowed them to operate. The rules provide no mechanism to appeal an adverse licensing decision, or to contest the imposition of fines and penalties.

Currently operating facilities with municipal licensure must apply for a state license no later than February 15, 2018. If those facilities do not have a state license by June 15, 2018, their operation will be considered unlicensed activity and could be referred to law enforcement.  Although the rules do not address the situation were licensure is not met by June 15 due to government delay.

Details on Licensing

Licenses will be up for renewal annually. Applicants and licensees will be required to report a variety of information to LARA, including changes of location, contact information, members, managers and adverse reactions to a medical marijuana product. Theft or other criminal activity on the premises will have to be reported to the department within 24 hours of occurrence.

LARA has sweeping authority to inspect, examine and audit records of the licensee and enter the facility without notice to inspect. The department is allowed to charge civil fines of up to $5,000 for an individual and $10,000 or an amount equal to daily gross receipts against a licensee for violations.  Given the number and various requirements regarding inventory control and the specifications for the physical facility itself, the risk of fines and penalties is no insubstantial.

During the first 30 days a state-operating license is issued to a licensee, marijuana products will need be entered into a statewide monitoring system and inventory will need to be tagged and packaged.

Class C grower licenses, which would allow 1,500 plants, for example, may be stacked under the rules. And licensed growers, processors and provisioning centers will be permitted to operate at the same location.

Security Requirements for Marijuana Facilities

Applicants will be required to submit security plans. Facilities will be required to maintain an alarm system and a 24-hour video surveillance system. Licensed-facilities will also have to maintain visitor logs.

Advertising Stipulations for Marijuana Facilities

Licensees will not be permitted to advertise any marijuana products in a way that is visible to the general public. However, that does not apply to advertisements that are not about a specific product.

Products also will be prohibited from being marketed toward minors, and edible products cannot be associated with cartoons or other things that would appeal to minors. Edible products also cannot be easily confused with commercially sold candy.

Federal Regulation of Marijuana Facilities

Of course, while specified medical use of marijuana is permitted under state law, its use is still illegal under federal law, and we don’t know for sure what the federal government will do in the future with regard to these specified uses. The status quo is that federal attention is diverted away from uses that are “authorized” by and operated in compliance with state laws. Attorney General Jeff Sessions, however, has made his view clear: “Good people don’t smoke marijuana.” On the other hand, the industry seems to be growing at a pace that exceeds the federal government’s ability (time and resources) to do much about it.

Fraser Trebilcock understands the regulatory aspects of the marijuana industry along with the legal risks. Our attorneys are available to advise you on issues related to state law and compliance.

[Restorium2]

Food for thought;  Minimum cash requirement for the smallest grow permit is having $150,000 in the bank. Proof you have it and proof you got it legally. 

[t-pain]

and also you have to give LARA all of your bank and financial records for past 3 years... yes i'm serious. its no joke, one of the most restrictive things ever.

 

remember that jeff sessions is going after dispensaries too. and LARA will have all of your records nicely printed out ready to hand over.

[Restorium2]

I'm sure most folks that bribed the municipalities don't even know what they are up against with the state. They whipped out up to $5000 for the application and might as well flushed it down the toilet. 

[Restorium2]

4 minutes ago, t-pain said:

and also you have to give LARA all of your bank and financial records for past 3 years... yes i'm serious. its no joke, one of the most restrictive things ever.

 

remember that jeff sessions is going after dispensaries too. and LARA will have all of your records nicely printed out ready to hand over.

That's a great point. With medical marijuana they were forbidden to do that. I'm sure it will be a fun change of pace for those cops at LARA to squeal on everyone. 

[anonterpene]

On 1/21/2018 at 9:32 AM, Restorium2 said:

I'm sure most folks that bribed the municipalities don't even know what they are up against with the state. They whipped out up to $5000 for the application and might as well flushed it down the toilet. 

Compared to limited license states this is nothing. Read the law, make sure you're compliant, put up the appropriate capital and you'll get a state license as far as I can tell... but I agree with your points regarding LARA. I'm apprehensive about disclosing that information but overall willing to take the risk.

[bax]

surprised how many people are willing to take a risk without trying to get a controlled substances license....