Detroit Medical Cannabis Update
The previous week has been an active one in the City of Detroit when it pertains to Medical Marijuana Facilities Licensing Act concerns. The City application deadline for presently operating facilities was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. issued a judgment relating to the voter initiatives as well as dispensary zoning requirements. Ultimately, the City provided a postponement on applications and also approvals for new medical marijuana provisioning centers within the City of Detroit.
Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana dispensary owner and you got on the City's authorized 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 filed with the City of Detroit for municipal attestation of operating approval by that date as well. If you did not get your application in by February 15, 2018, whether you got on the authorized list, and regardless of whether you have actually been running with City approval, your license with the City will not be renewed. Neither will your existing municipal license to run be renewed. Simply put, if you really did not get your application in by February 15, 2018, you're out of luck after the expiration of your existing 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 be able to apply, or be approved, once the moratorium is over. Even more reason to ask about the policies as well as regulations with a medical cannabis licensing lawyer that comprehends the complexities of this ever-changing and complex location of regulation.
Moratorium on New Provisioning Centers:
Detroit has placed a 6 month moratorium on applications for Medical Marijuana provisioning center licenses as of February 15. The City has actually specified that it will certainly not issue any kind of brand-new provisioning center licenses during that six month duration. Much more considerably, for dispensaries that were operating under a municipal license or under a contractual agreement with the City that they would not shut your facility down, if you did not submit your State Application for a dispensary license, and also submit your application to the City of Detroit for an attestation by close of business on February 15, 2018, you will certainly not be authorized to operate, and your presently issued and valid license to operate in the City, will not be restored. Services that did not get their applications in by the due date will certainly have 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 provide any more licenses after that moratorium is passed, which it would be within its rights to do. As a result, if you didn't get your application in prior to the target date, you ought to talk with a medical marijuana licensing lawyer to review your choices moving on.
Circuit Court Strikes Down Zoning Initiative:
The final news concerns the voter initiatives that were passed in November which changed the zoning requirements for dispensaries. Voters accepted a reduction in the zoning limitations regarding medical cannabis provisioning centers. The ordinance required that a provisioning center had to be at least 1000 feet away from a church or school. The initiatives proposed to lower the zoning requirements so that dispensaries just had to be less than 500 feet away from a church or school. The City of Detroit challenged the legality of the voter initiatives and submitted a suit in the Wayne County Circuit Court. On Friday, Wayne County Circuit Court Chief Judge Robert Colombo, Jr. determined 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 could not be altered by voter initiative. Therefore, the initiatives were overruled and also the original zoning limitations are once more in place. While a number of citizen groups are vowing an appeal, it will be a long time before the Court of Appeals as well as, eventually, the Michigan Supreme Court can consider in on the issue. The zoning statute, if it remains unchanged, will likely likewise affect brand-new types of Medical Cannabis Facilities approved for licensing under the MMFLA.
Just how Does This Effect My Application?: If you are a provisioning center operating lawfully in Detroit now, and also you submitted your application to the State as well as the City by February 15, 2018, then, these changes will have little to no effect on you. Any individual operating a facility in Detroit who did not apply by the deadline, or who is running illegally as well as is not on the Detroit accepted centers' list, the decision can be ruining. You might not have the ability to run your center after the end of the year, or sooner, depending upon the nature of your facility. If you are not on the approved list, you will not be able to obtain city approval to operate, which is a condition precedent to acquiring your State license. Consequently, you will not be able to acquire an operating license from the State, as well as your unregulated facility is likely to end up being a target of State regulators. If you were operating legally, but did not get your application in to the City or the State by February 15, 2018, you will certainly not be municipally authorized to continue operating past your present licensing date. There is also no assurance that you will certainly be able to send an application after the present 6 month moratorium, nor is there any kind of factor to think that the City will approve any more applications for provisioning centers. If your wish is to proceed offering clients with medication, you need to consult with an educated medical cannabis licensing attorney to help you come up with an intend on how you can try to continue in the market.
If you want to talk about acquiring a license under the Michigan Medical marijuana Facilities Licensing Act,
be it a dispensaries, processing center, grow operation, testing laboratory or secured transporter,
get in touch with Fowler & Williams, PLC today for an appointment.