Can a caregiver work in a licensed facility and retain their caregiver status under MMMA?

KLAW Blog · December 12, 2022

So you’re an expert caregiver growing the best and want to get into the licensed growing or processing business in Michigan. Here’s a question asked often by caregivers.

Can a caregiver work in a licensed facility and retain their caregiver status under MMMA?

Each license type has its specific provisions in the Medical Marihuana Facilities Licensing Act (MMFLA). For information specific to each license, please see Part 5 of the MMFLA.

Komorn Law – Legal Defense

For Growers: Nope

Per Section 501(8)(b): While holding a license as a grower, not be a registered primary caregiver and not employ an individual who is simultaneously a registered primary caregiver. However, licensees are required under the MMFLA to have at least two years’ experience as a caregiver or have an active employee with that experience (this requirement ends on 12/31/21).

For Processors: Nope

Per Section 502(5)(b): While holding a license as a processor, not be a registered primary caregiver and not employ an individual who is simultaneously a registered primary caregiver. However, licensees are required under the MMFLA to have at least two years’ experience as a caregiver or have an active employee with that experience (this requirement ends on 12/31/21).

For Secure Transporters: Nope

Per Section 503(2): To be eligible for a secure transporter license, the applicant and each investor with an interest in the secure transporter must not have an interest in a grower, processor, provisioning center, or safety compliance facility and must not be a registered qualifying patient or a registered primary caregiver.

For Provisioning Centers and Safety Compliance Facilities: OK

The MMFLA does not prohibit provisioning center and safety compliance facility licensees from being registered as patients or caregivers under the MMMA, nor does it prohibit these facilities from employing patients or caregivers.

Cancel It

A licensee or an employee must submit a withdrawal form to cancel their caregiver status within five business days if required. If a new employee is a caregiver, that person has 5 business days from their date of hire to submit the form to cancel caregiver status. Withdrawal may also be submitted through Accela Citizen Access.

Source – Check For Updates