On May 2nd , 2019, the MRA issued a bulletin in response to the recent decisions issued by the Court of Claims on April 30th , 2019. The bulletin indicated that the new agency formed by Gov. Whitmer will be issuing “new practices to streamline the application process and ensure access to safe marijuana products.” The bulletin outlined the order in which applications are going to be reviewed by the Marijuana Regulatory Agency. For applicants that have already paid the fee to apply, but have not provided a complete application, which includes applicants who were asked for supplemental responses or received notices of deficiency, “the MRA will swiftly provide these applicants . . . an approval or denial.”

In addition to outlining new policies and procedures that the Marijuana Regulatory Agency is implementing, direction for Caregivers was also provided. As of May 2nd , 2019, current medical marijuana provisioning center licensees may only get marijuana products for a licensed grower or a licensed processor. In addition, if you possess marijuana products that were obtained from a Caregiver prior to May 1st , 2019 and have not been tested pursuant to the current laws and rules, a patient consent form must be filled out by the patient before purchasing that product. Licensees have to log every product obtained now into the statewide monitoring system as soon as the licensee gets the product. Licensees must continue to run the patient’s or caregiver’s card in the statewide monitoring system to ensure the patient’s/caregiver’s card is currently valid. All sales have to be entered in the statewide monitoring system and cannot exceed the daily limit allowed. Licensees are also charged with reporting any “adverse reaction to a marijuana product sold or transferred” within one business day of becoming aware of the issue.

As for licensed growers and licensed processors, marijuana products can be received from caregivers. The products received from caregivers must be entered into the statewide database system (also known as METRC) as soon as it is received. Marijuana products can only be sold or transferred, if the product has been tested per the current laws and rules. After licensees enter the product into
the statewide database system, those products must be tagged or packaged. Licensees must only use a licensed secured transporter to move the marijuana products, unless there is an exemption that exists. Finally, and the new Marijuana Regulatory Agency cannot seem to state this enough, licensees absolutely must notify the agency “within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.”

The May 2nd bulletin mirrors the March 21st , 2019 resolution signed by the now defunct Medical Marihuana Licensing Board. Long story short: licensees are in the business of compliance now and the Marijuana Regulatory Agency is implementing resolutions to ensure compliance. Compliance is our primary focus at Fowler & Williams, PLC. If you have questions about the current resolutions, rules or laws, please reach out to us for a consultation.