Entries by Robert A. Hendricks

MMFLA Board Disapproves Licenses. What’s Next?

There were exciting times yesterday at the Medical Marihuana Facilities Licensing (MMFLA) board meeting as the dirty laundry of two applicants was laid out for the public to hear and then published on the front page of the Detroit Free Press. MMFLA Section 302(m)(i) allows “all of the information, records … used by the Board […]

Jeff Sessions, the Cole Memos, and Marijuana Legalization

“. . . marijuana is a dangerous drug and . . . marijuana activity is a serious crime.” In a terse one-page memorandum dated January 4, 2018, directed to all United States Attorneys, Attorney General Jefferson Sessions rescinded several marijuana enforcement guidance documents previously issued by the United States Department of Justice. Two notable memoranda […]

LARA’s Proposed Minimum Capital Requirements For License Applicants under the MMFLA

The meetings of the Medical Marihuana Facilities Licensing Board have often stirred up controversy.  You may recall the debate about closing dispensaries on a date certain.  The October 17, 2017 meeting was no exception.  Along with the drama of a member of the public serving legal process on Board member Bailey, LARA also announced its […]

Dispensaries and the MMFLA – Part 2

“. . . my date remains September 15th.” Donald Bailey, MMFLA Board Member At the third meeting of the Medical Marihuana Facilities Licensing Board on September 12 the issue of existing “dispensary” operations and their eligibility for a license under the Medical Marihuana Facilities Licensing Act (“MMFLA”) was again addressed.  Some clarification was achieved, but […]

Will there be Insurance for Facilities Under the MMFLA?

This blog is a shortened version of an article published in the July 2017 edition of the Journal of the Insurance & Indemnity Law Section of the State Bar of Michigan. The need for insurance in legalized medical marijuana operations. Insurance coverage in the modern world is ubiquitous, particularly in the business context.  The need […]

Michigan’s Governor Appoints Medical Marihuana Licensing Board – Now Let’s Get to Work

The September 2016 Medical Marihuana Facilities Licensing Act (“MMFLA”) provides for the appointment of a five-person licensing Board to administer the licensing process and ensure compliance with the MMFLA.  While many in the industry had hoped these appointments would have been made sooner, that’s all history now. There is now a Board and it’s time […]

Will Legalization of Adult Use of Marijuana in Michigan Be on the Ballot in 2018? And Will Voters Approve It?

The ballot language of the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) was approved by the Michigan Board of State Canvassers on May 18, 2017.  Although you wouldn’t know it from the name, this proposal would legalize and regulate the adult use in Michigan of marijuana for non-medical purposes.  The sponsor of the ballot […]

When Will Michigan Legalize Adult Use Marijuana?

In the past decade, Michigan has made real progress in beginning to roll back state law marijuana prohibition.  In 2008 the voters approved the Michigan Medical Marihuana Act (MMMA), which created limited rights for patients and caregivers to produce, transfer and use marijuana for medical purposes free from the risk of prosecution.  Last year, the […]

What Will an Investment in a Michigan Medical Marihuana Operation Entail?

The Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”) will become effective December 20, 2016.  There will then be a wait of almost a year until the State begins accepting license applications on December 15, 2017.  Despite the wait, we’ve already begun meeting with clients, friends, and acquaintances about the investment opportunities in this new marketplace. […]

Medical Marihuana Facility Licenses: Will I Qualify?

The Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”) establishes five commercial marijuana licenses: grower, processor, provisioning center, secure transporter and safety compliance facility.  We’ve previously blogged about the license qualifications contained in a prior version of the law.  Now that the MMFLA will become law on December 20, 2016, we discuss below the main qualifications […]

The Medical Marihuana Facilities Licensing Act’s Application Fees, Regulatory Assessments, and Other Licensee Expenses

The Medical Marihuana Facilities Licensing Act (“MMFLA”) creates a regulatory and license structure for medical marijuana growers, processors, provisioning centers, transporters and safety testers.  Below we briefly examine what it will cost an applicant to apply for a license, and certain ongoing fees and costs for a licensee. Application Fee to LARA The licensing process […]

Michigan Pioneers Marijuana Section of Bar Association

In Michigan and around the nation, marijuana-related activity is becoming mainstream.  The evidence includes broad legalization occurring in various places in the US, and the continued growth in favorable public opinion for the repeal of marijuana prohibition.  Joining many other advocates for change, lawyers will play a role in this evolution and improve the end […]

“Women Grow” Welcomed to West Michigan

Welcome, welcome, welcome… The West Michigan chapter of Women Grow was just established this January.  Despite the name, Women Grow is not limited to women, nor growers.  The organization welcomes all who have an interest in the developing legalized cannabis industry. The inaugural West Michigan gathering was attended by over 60 people from various backgrounds […]

Marijuana and Banking – The Basics

The federal laws that regulate banks and banking practices are numerous and complex.  Some are designed to prevent drug cartels, terrorists and other bad actors from using our banks to advance their criminal enterprises.  Those same laws are now impacting marijuana businesses in states which have legalized marijuana.  While many marijuana businesses are working to […]

Forewarned is Forearmed Part II

Part II In part I of this article, we laid out the history and current status of the Medical Marihuana Facilities Licensing Act (“Licensing Act”) passed by the Michigan House of Representatives on October 7, 2015.  If the Licensing Act becomes the law, then a government board would be responsible for issuing medical marijuana related […]

Forewarned is Forearmed: Part I

What Michigan’s Marijuana Licensing Board (If Created) Might Require From an Applicant   “Preamonitus, praemunitus” Part I By Robert A. Hendricks  What’s Happening Now: The Michigan Legislature is considering a number of marijuana legalization issues that were not addressed by the Michigan Medical Marihuana Act (“MMMA”). On October 7, the House of Representatives overwhelmingly passed the […]

What Happens if Michigan Legalizes Recreational Marijuana: Now You’re Talkin’ Business?

[originally published by the Grand Rapids Bar Association Sept/Oct 2015 newsletter] Michigan legalized medical marijuana in 2008, and recreational marijuana could be next.  Two ballot proposals recently approved by the state may put that issue before the voters in 2016. Business clients may want to get involved.  However, legalization under Michigan law will not resolve […]