We’ve experienced the twists and turns of marijuana licensing since the Michigan Regulation and Taxation of Marihuana Act was approved by voters two years ago. The latest changes – announced by the Michigan Marijuana Regulatory Agency, or MRA, earlier this month – no longer require applicants for certain licenses under the adult-use marijuana statute to be licensed under the medical marijuana facilities licensing statute.
Under the new rule, which goes into effect March 1, 2021, the MRA will accept applications from any applicant seeking an adult-use marijuana commercial license regardless of whether the applicant is licensed under Michigan’s Medical Marihuana Facilities Licensing Act, or MMFLA. Previously, only applicants licensed under MMFLA could apply for a commercial license to become an adult-use marijuana retailer, processor, class B grower (fewer than 500 marijuana plants), class C grower (fewer than 2,000 marijuana plants) or secure transporter.
According to the MRA, the changes are aimed at expanding the availability of marijuana business licenses to help curb illicit and criminal activity around marijuana.
Need a refresher on marijuana law in Michigan? The state began the marijuana legalization process in 2008 when voters approved the Michigan Medical Marihuana Act, or MMMA. This allowed individuals experiencing certain specified medical conditions (and their caregivers) to use marijuana for medical purposes. The medical use of marijuana and the lawful cultivation, processing and retail sales to support that use were expanded in 2016 when the Michigan Legislature adopted the MMFLA. The Michigan Regulation and Taxation of Marihuana Act was the final step in the legalization of marijuana use and commercial activity in Michigan.
It’s important to note that despite the legalization of marijuana in Michigan and states across the country, virtually all marijuana use and related activity continues to be unlawful under the federal Controlled Substances Act.
For questions concerning this new rule, or any other cannabis business matter, please contact Robert (Bob) Hendricks or your Warner attorney.
