LARA RELEASE-Unlicensed Medical Marihuana Facilities must close on October 31, 2018

KLAW Blog · October 2, 2018

LARA RELEASE – Unlicensed Medical Marihuana Facilities must close on October 31, 2018

The Dept. of Licensing and Regulatory Affairs (LARA) has issued new emergency administrative rules to continue the implementation of the Medical Marihuana Facilities Licensing Act (MMFLA). These rules will ensure:

Continued access for medical marihuana patients
The integrity of the marihuana facilities licensing process
A necessary transition to state-licensed medical marihuana safety standards

Under the new rules, proposed medical marihuana facilities that would otherwise require a state operating license under the MMFLA may continue to operate with local approval until October 31, 2018 without impacting the applicant’s eligibility for licensure.

These emergency rules, while in effect, supersede:

Rule 19 of the 5/30/18 Emergency Rules
The entirety of the 9/11/18 Emergency Rules

Under these new emergency rules, after the 30-calendar-day period has elapsed, any marihuana product that was not acquired in compliance with the MMFLA and the 5/30/18 Emergency Rules – from a licensed marihuana facility – must be destroyed in accordance with Rule 36 of the 5/30/18 Emergency Rules.

Applicants who have been temporarily operating with local authorization – and have been issued a state operating license by October 31, 2018 – must do the following within a 30-calendar-day transition period beginning the day a state operating license is received:

Record, tag, and/or package all marihuana product in the licensee’s possession in accordance with the statewide monitoring system.
If licensed as a grower or processor, comply with all testing requirements as prescribed by the MMFLA and the 5/30/18 Emergency Rules prior to transferring marihuana product.
If licensed as a provisioning center, obtain a signed written acknowledgement from caregivers/patients consenting to the sale or transfer of marihuana product. Prior to sale or transfer, verify the patient/caregiver has a valid driver license or government-issued identification card, holds a valid registry identification card, and is not over the purchasing limits as prescribed in Rule 41 of the 5/30/18 Emergency Rules.

Have you been charged with a crime? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.

Under these new emergency rules, after the 30-calendar-day period has elapsed, any marihuana product that was not acquired in compliance with the MMFLA and the 5/30/18 Emergency Rules – from a licensed marihuana facility – must be destroyed in accordance with Rule 36 of the 5/30/18 Emergency Rules.

All temporary operators should consider transition plans to licensure and the impact they may have on their current business operation. Temporary operators who have not yet filed the facility portion of their application are almost certainly not going to be presented to the Medical Marihuana Licensing Board at the meeting on October 18, 2018.

At any time during this 30-calendar-day period and thereafter, a marihuana facility is subject to an inspection by the department, through its investigators, agents, auditors, or the state police. These rules are set to expire November 30, 2018.

LARA-Unlicensed-Provisioning-Centers-Must-Close-Oct-31-2018

About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law