Detroit Medical Cannabis Update

Detroit Medical Marijuana Update

The previous week has been an active one in the City of Detroit when it concerns Medical Marijuana Facilities Licensing Act concerns. The City application deadline for presently running facilities was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. released a ruling relating to the voter initiatives as well as dispensary zoning requirements. Lastly, the City released a moratorium on applications and approvals for new medical marijuana provisioning centers within the City of detroit.

Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana provisioning center owner as well as you were on the City's accepted operating list, you were required to send your application to the State of Michigan Bureau of Licensing and Regulatory Affairs by February 15, 2018. That application also had to be submitted with the City of Detroit for municipal attestation of operating approval by that date too. If you did not get your application in by February 15, 2018, whether or not you were on the accepted list, as well as regardless of whether you have been running with City authorization, your license with the City will certainly not be renewed. Neither will your present municipal license to run be renewed. In other words, if you didn't get your application in by February 15, 2018, you're out of luck after the expiration of your present license, at least, within the limits of the City of Detroit, for at a minimum of six months, until the moratorium is passed. Even then, there's no assurance that you will have the ability to apply, or be approved, once the moratorium is over. All the more reason to inquire about the laws and rules with a medical marijuana licensing attorney that understands the complexities of this ever-changing and also intricate area of legislation.

Moratorium on New Dispensaries:

Detroit has placed a six month moratorium on applications for Medical Marijuana provisioning center licenses since February 15. The City has actually mentioned that it will not release any kind of new provisioning center licenses during that 6 month duration. Much more considerably, for dispensaries that were running under a municipal license or under a legal agreement with the City that they would not close your facility down, if you did not send your State Application for a dispensary license, and also send your application to the City of Detroit for an attestation by close of business on February 15, 2018, you will not be accepted to operate, and also your currently issued and valid license to operate in the City, will not be renewed. Businesses that did not get their applications in by the due date will need to wait until at least after the moratorium is over before they can try to re-apply. There has been a lot of discussion that the City may not release any more licenses after that moratorium is passed, which it would be within its rights to do. Because of this, if you didn't get your application in prior to the due date, you ought to speak with a medical marijuana licensing lawyer to review your options progressing.

Circuit Court Strikes Down Zoning Initiative:

The last news pertains to the voter initiatives that were passed in November which changed the zoning requirements for dispensaries. Voters authorized a decrease in the zoning constraints regarding medical marijuana provisioning centers. The ordinance required that a dispensary needed to be at the very least 1000 feet away from a church or school. The initiatives proposed to lower the zoning requirements to ensure that dispensaries only needed to be less than 500 feet away from a church or school. The City of Detroit challenged the legality of the voter initiatives and filed a suit in the Wayne County Circuit Court. On Friday, Wayne County Circuit Court Chief Judge Robert Colombo, Jr. established that under the Home Rule statute, which governs how cities like Detroit are run and governed in the State of Michigan, zoning restrictions and requirements might not be transformed by voter initiative. Because of this, the initiatives were struck down and the initial zoning limitations are once more in place. While a number of citizen groups are vowing an appeal, it will be some time before the Court of Appeals as well as, eventually, the Michigan Supreme Court can weigh in on the problem. The zoning ordinance, if it stays the same, will likely likewise impact brand-new sorts of Medical Marijuana Facilities approved for licensing under the MMFLA.

How Does This Impact My Application?: If you are a provisioning center operating lawfully in Detroit today, and also you submitted your application to the State as well as the City by February 15, 2018, then, these adjustments will have little to no impact on you. Any person operating a center in Detroit that did not apply by the target date, or who is operating unlawfully and is not on the Detroit approved centers' checklist, the choice could be ravaging. You may not be able to run your center after the end of the year, or sooner, depending on the nature of your center. If you are not on the accepted list, you will certainly not have the ability to obtain city authorization to run, which is a condition precedent to getting your State license. Because of this, you will certainly not be able to get an operating license from the State, as well as your unregulated facility is most likely to end up being a target of State regulators. If you were running legitimately, however did not get your application in to the City or the State by February 15, 2018, you will not be municipally authorized to proceed operating past your existing licensing date. There is additionally no assurance that you will be able to submit an application after the present six month moratorium, neither exists any type of factor to think that the City will certainly accept any more applications for dispensaries. If your need is to proceed offering clients with medication, you require to consult with a well-informed clinical marijuana licensing lawyer to assist you develop a plan on just how you can attempt to continue in the market.

If you intend to discuss getting a license under the Michigan Medical Marijuana Facilities Licensing Act,

be it a provisioning centers, processing center, grow operation, testing laboratory or secured transporter,

get in touch with Fowler & Williams, PLC today for an assessment.