Governor Signs New Michigan Medical Marihuana Laws

By Donald P. DeNault, Jr.bio_donald_sm

On September 21, 2016, Governor Snyder signed three new medical marihuana bills into law. Each will take effect on December 20, 2016.

HB 4827 requires the state to create a statewide monitoring system to track the transfers and sales of marihuana and marihuana products, which will now be regulated under HB 4209. Known as the “Medical Marihuana Facilities Licensing Act,” this new law will require the licensing and regulation of all commercial medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities.

Applications to the state for these separate licenses will be accepted in December of 2017, with the first licensees expected to be operating in the state sometime around June of 2018. Individuals who wish to form commercial entities in order to apply for any of the new licenses will first need to find locations and secure approval from the local community where the business will be established. The law gives discretion to every community regarding whether to allow any of these new facilities, meaning new local ordinances will be necessary in order to properly regulate and zone such uses. In the meantime, communities will need to update their current ordinances to address the new provisions created by HB 4210, which amends the Medical Marihuana Act to define “marihuana-infused products” and establish rules for transporting such products in motor vehicles.

The new laws have already created several questions about their scope, including questions about how the laws apply to marihuana-infused products. Whether you are a community in need of guidance or a potential operator of one of the new medical marihuana facilities, sound legal advice will be your most important asset when navigating the impact of these new laws.

Categories: Municipal