On September 21, 2016, the Legislature and Governor gave some much needed
guidance to medical marijuana caregivers and patients in Michigan. Governor
Rick Snyder signed the “Medical Marihuana Facilities Licensing Act”
into law. The Act will become effective December 20, 2016. The Licensing
Act does exactly what its name suggests: establish a statewide licensing
procedure for medical marijuana facilities. The licensing procedure goes
through the state’s Department of Licensing and Regulatory Affairs
Department, commonly known as “LARA.” The law provides for
different types of licenses associated with the medical marijuana industry,
including: marihuana grower, processor, secure transporter, provisioning
center, and safety compliance facility. Valid license-holders are exempt
from criminal prosecution or civil liabilities as long as they operating
within the scope of their license. The scope of their license will likely
be determined by LARA. LARA will also be coming out with new rules associated
with the implementation of the licensing scheme. There will be a fee to
apply for a license along with an annual renewal fee. In addition, provisioning
centers are required to pay a tax on their retail gross income.
The new legislation also enacted the “Marihuana Tracking Act.”
This Act requires LARA to establish an internet system to monitor integrated
tracking, inventory, and verification. This system will be statewide and
confidential.
The new laws also included a substantial update to the Michigan Medical
Marihuana Act that will greatly benefit medical marijuana patients and
caregivers. The law now prohibits qualified registered patients or registered
primary caregivers from being penalized for manufacturing products that
are marihuana-infused, such as edible products. However, it is very clear
that both the patient and caregiver must be registered and prohibits giving
infused marihuana products to anyone that is not registered. This is a
great step forward for the rights of medical marijuana patients and caregivers.
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