Michigan's medical marijuana licensing board allows temporary facilities to reopen

Medical marijuana in jars (WDIV)

DETROIT - The state of Michigan medical marijuana licensing board has agreed to allow temporary operating facilities to reopen and allow them to get marijuana from caregivers, not just commercial grow operations.

On Tuesday, both Gov. Whitmer and the new director of the Department of Licensing and Regulatory Affairs asked the state's medical marijuana board to approve the measure due to a shortage of medical marijuana in Michigan.

“There is a shortage of supply in the market because there are only a handful of licensed growers in Michigan,” said Jeff Schroder, law firm Plunkett Cooney. “This would allow dispensaries and retail provisioning centers to purchase their quantities from caregivers again."

The medical marijuana board has extended its grace period for license applicants to March 31, 2019. This is a stop-gap measure that would get provisioning centers open again while the state works on licensing. That only applies to medical marijuana. Michigan has yet to have written recreational marijuana rules.

The Reef, a well-known provisioning center in Detroit, would likely be able to open next week if the board approves the measure Wednesday.

“I think it’s a step forward,” said The Reef’s Rush Hassan. “It’s definitely a short term solution but it does open up patient access for these products.”

Here's the full statement Wednesday from the state's Bureau of Marijuana Regulation:

It is resolved that the Board will not take disciplinary action against an applicant in the following circumstances:

For an Applicant temporarily operating:

  • For the time period ending March 31, 2019:
    • The applicant temporarily operates a proposed marihuana facility that would otherwise require a license if either of the following apply:
      • The applicant’s proposed facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending adoption of an ordinance under the Act, or
      • The applicant’s proposed facility is within a municipality that has adopted an ordinance before December 15, 2017.
    • The applicant notifies the Department within 1 business day of becoming aware of any adverse reaction to a marijuana product sold or transferred, and
    • For purposes of this resolution only, the applicant applied for a license no later than February 15, 2018.
  • An applicant that does not comply with this resolution shall cease and desist operation and may be subject to penalties and sanctions, and
  • An applicant that is temporarily operating is not guaranteed a license.

It is further resolved that the Board will not take disciplinary action against a licensee for purchasing marijuana products from a registered primary caregiver (caregiver) or an applicant temporarily operating in the following circumstances:

For a licensed Provisioning Center:

  • For the time period ending March 31, 2019:
    • The licensee obtains patient consent on a form provided by the Department prior to selling any marijuana products that have not been tested in full compliance with the law and administrative rules, and
    • The licensee enters all inventory into the statewide monitoring system immediately upon receipt from a caregiver, and
    • The licensee, before any sale or transfer, must verify, and confirm with government issued photo identification, with the statewide monitoring system that a patient or primary caregiver holds a valid registry identification card, and
    • The licensee enters all sales in the statewide monitoring system, and
    • The licensee determines sales will not exceed daily purchasing limits, and
    • The licensee shall notify the Department within 1 business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

For a licensed Grower or Processor:

  • For the time period ending March 31, 2019:
    • The licensee obtains marijuana products from caregivers, and
    • The licensee enters all inventory into the statewide monitoring system immediately upon receipt, and
    • The licensee only transfers marijuana products that have been tested in full compliance with the law and administrative rules, and
    • The licensee tags or packages all inventory that has been identified in the statewide monitoring system, and
    • The licensee shall notify the Department within 1 business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

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