Looking to get into the Michigan cannabis industry? You may have to hurry up and maybe wait. The licensing process to grow, process, sell, test and transport cannabis in Michigan has gone through myriad changes since its inception. In 2018 The Department of Licensing and Regulatory Affairs (LARA) and the Bureau of Medical Marihuana Regulations […]
Having a recreational cannabis business in Michigan is still a rarity. Only about 45 of Michigan’s municipalities have opted in for adult-use marijuana businesses. This is despite 55.9 percent of Michiganders voting for Proposition 1 which legalized cannabis for all adults. Getting a municipality to opt-in to adult-use marijuana is a challenge. The ballot initiative […]
It’s interesting to read this report from Michigan State University about the Michigan marijuana market. We often see reports like this from other more mature states like Colorado, Oregon and Washington. This new Michigan marijuana market data report covers demographics, prices, the potential for overproduction and economic impact, tax impact and overall economic contribution we […]
Michigan’s Adult-Use Marijuana application forms have been released. With the opening of the applications window November 1st MMFLA licensees can now prepare to apply for Adult-Use Marijuana establishment licenses. Like the Medical Marijuana Facilities Licensing Act (MMFLA) process, this is a 2-step application. Step 1 is prequalification, Step 2 is the Marijuana Establishment License Application […]
Last week the Marijuana Regulatory Agency (MRA) released the long-awaited updated MMFLA revised Medical Marijuana Application Forms and requirements for Prequalification. At first run through while preparing a set of applications we notice two major changes to the MMFLA requirements and disclosures. Previously applicants were designated as an Entity/Individual who would apply with an EIPP […]
In December 2017, when Michigan began accepting applications for medical marijuana licenses and developing its medical marijuana regulations, the legal landscape was pretty unsettled. The mood of the medical marijuana licensing board was mercurial, which made things challenging for marijuana lawyers and their clients. The medical marijuana supply chain, as we observed, was out of […]
Forty-Five years after building his first car, Henry Ford remained an innovating pioneer by creating an automobile constructed partly of hemp and fueled by hemp derived gasoline. Where would Michigan’s industrial hemp production be today if hemp hadn’t been clumped together with its plant cousin marihuana and labeled dangerous? Good question! Michigan is getting a […]
On December 18, 2018, the Grand Rapids City Commission finalized the Grand Rapids Medical Marihuana Facilities Ordinance, permitting five types of licensed medical marijuana businesses to be located within Grand Rapids. The city Planning Commission held an informational meeting on January 3, 2019, to provide additional details on the process. Core and Support Licenses Have […]
The State Bar of Michigan* Marihuana Law Section (“MLS”) is comprised of 695 attorneys whose law practices involve some aspect of marijuana law. The membership broadly represents many different areas of law practice, including defense lawyers, prosecuting attorneys, business lawyers, and many other specialties. The MLS supports Proposition 1, the Michigan Regulation and Taxation of […]
Partner Bob Hendricks’ article on Michigan’s Right to Farm Act was published in the August issue of the Michigan Bar Journal. The August issue was dedicated to cannabis law in Michigan and we present Bob’s article below as a PDF. The entire issue is available on the State Bar of Michigan’s website. Bob is also […]
“. . . 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 […]
As the issues related to marijuana grow in Michigan, and a petition to put full recreational marijuana legalization on the ballot is expected to be reviewed, a lot is happening at the State Bar of Michigan these days. Not the least of which is new committee appointments for the Medical Marijuana Facilities Licensing Act (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 […]
“. . . 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 […]
Within minutes of the opening gavel and the Roll Call at the August 21 public meeting of the Medical Marihuana Facilities Licensing Board, a Board member made a motion to require the Board to issue notice that any dispensary conducting operations in Michigan after September 5, 2017 would be denied a license under the Medical […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 (“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 […]
The Medical Marihuana* Facilities Licensing Act (“MMFLA”) was signed by Michigan Governor Snyder on September 20, 2016, and becomes effective 90 days thereafter. By its terms there is a 360 day delay until the first license applications can be filed with the State. How long it will take to get the first license approved and […]
“. . . all politics is local . . .” US Representative Tip O’Neil (1935) Michigan’s Senate and House of Representatives recently adopted a trio of bills related to medical marijuana. This legislation has been sent to Governor Snyder and may well have been signed by the time this article is published. One […]
Fireworks or Marijuana, What’s the Difference? SCOTUS Shuts Down NE and OK’s Whining In December 2014, the states of Nebraska and Oklahoma asked the US Supreme Court for permission to file a lawsuit against the state of Colorado. The US Constitution allows certain claims of states against other states to be brought in the US […]
The Rumors are Brewing We are hearing a lot lately about rescheduling marijuana from Schedule I to Schedule II under the federal Controlled Substances Act (“CSA”). The question is: would such a move be a good thing for the legalization effort? For the reasons set out below, we think not. For decades, marijuana has been […]
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 […]
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 […]
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 […]
Big Decision in Marijuana Banking If you are in the marijuana business anywhere in the US, you know how hard it is to get a bank to accept you as a customer. To try to solve this problem, Fourth Corner Credit Union was founded to provide banking services to marijuana customers in Colorado. However, the […]
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 […]
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 […]
[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 […]
