The Michigan Department of Licensing and Regulatory Affairs released Emergency Administrative Rules today so that they can begin to implement the Michigan Medical Marihuana Facilities Licensing Act. The Emergency rules are effective for six months, and can change. The rules put into effect the requirements for persons who are desirous of applying for a medical marihuana dispensary license, a medical marihuana growers license and for secured transporter licenses. With these rules in place, attorneys can now better assist clients in preparing their applications to the Bureau of Medical Marihuana Regulation (BMMR).

The rules are complex in terms of what they require from not only applicants who are attempting to obtain dispensary, grower, or secured transporter licenses, but also with regard to post-application and post-licensing compliance. The administrative rules also talk about zoning requirements for medical marihuana facilities, and the planning requirements for each type of facility. The capitalization or cash flow requirements, as well as the appropriate amounts for facilities’ insurance for liability are also discussed.

Finally, the administrative rules that went into effect today also explain two important things. First, facilities that are operating legally within a municipality presently will not have to close before they can apply for a dispensary (provisioning center) license from the State. While the fact that a facility is open and legally operating will not give preference in the issuance of a license, it will not be a detriment to their application either. Secondly, the BMMR clarified how the obtaining of multiple, or “stacked” licenses at the same facility can be permitted, and what things would have to be done to ensure that the stacked facilities at the same location can and will operate.

Anyone who tells you that applying for and obtaining one of the new Medical Marihuana Facilities Licensing Act licenses, is not educated on the process. You need an attorney who understands the complexities of the Michigan Medical Marihuana Act, and the regulations that are now in place to allow dispensaries and growers to operate legally within the State of Michigan. You also need to have an attorney who can advise you about the complex relationship between legality under State law and the fact that marijuana possession, FOR ANY REASON, is still a crime under Federal Law and that you can be subjected to criminal liability in Federal Court, even if you are operating such a facility legally under Michigan Law. We can do just that. Contact Fowler & Williams, PLC today to help you get started with the application process today.

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