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 problems. The City application due date for presently running centers was February 15. The Wayne County Circuit Court’s Chief Judge, Robert Colombo, Jr. issued a judgment relating to the voter initiatives and dispensary zoning requirements. Finally, the City provided a halt on applications as well as authorizations for new medical marijuana dispensaries within the City of Detroit.
Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana provisioning center proprietor and also you got on the City’s authorized operating list, you were required to submit your application to the State of Michigan Bureau of Licensing and Regulatory Affairs by February 15, 2018. That application likewise needed to be submitted 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 were on the authorized list, and no matter whether you have actually been operating with City authorization, your license with the City will not be renewed. Neither will your present municipal license to run be renewed. In short, 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 6 months, until the moratorium is passed. Even then, there’s no warranty that you will have the ability to apply, or be approved, once the moratorium is over. Even more reason to inquire about the policies and regulations with a medical cannabis licensing attorney who understands the complexities of this ever-changing and also complex location of law.
Moratorium on New Provisioning Centers:
Detroit has placed a 6 month moratorium on applications for Medical Cannabis provisioning center licenses as of February 15. The City has stated that it will not issue any type of brand-new provisioning center licenses during that 6 month duration. A lot more considerably, for dispensaries that were running under a municipal license or under a legal arrangement with the City that they would not shut your facility down, if you did not submit your State Application for a provisioning center license, and send your application to the City of Detroit for an attestation by close of business on February 15, 2018, you will not be authorized to run, 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 target date will certainly need to wait until at least after the moratorium is over before they can attempt to re-apply. There has been a lot of discussion that the City might not release anymore 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 before the due date, you ought to chat with a medical cannabis licensing attorney to discuss your options moving forward.
Circuit Court Strikes Down Zoning Initiative:
The final news relates to the voter initiatives that were passed in November which transformed the zoning requirements for provisioning centers. Voters accepted a reduction in the zoning constraints relating to medical cannabis provisioning centers. The ordinance required that a provisioning center 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 just 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. 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. Consequently, the initiatives were overruled and the initial zoning restrictions are once again in place. While a number of citizen teams 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 remains unmodified, will likely additionally influence brand-new sorts of Medical Marijuana Facilities authorized for licensing under the MMFLA.
How Does This Effect My Application?: If you are a dispensary operating legally in Detroit right now, as well as you submitted your application to the State and also the City by February 15, 2018, then, these adjustments will certainly have little to no effect on you. Anyone running a center in Detroit who did not apply by the deadline, or that is running unlawfully and is not on the Detroit authorized facilities’ listing, the choice could be devastating. You might not have the ability to operate your center after the end of the year, or sooner, depending on the nature of your center. If you are not on the authorized list, you will not be able to get city authorization to run, which is a condition precedent to getting your State license. As a result, you will certainly not be able to acquire an operating license from the State, as well as your unregulated center is likely to end up being a target of State regulators. If you were operating lawfully, however did not get your application in to the City or the State by February 15, 2018, you will not be municipally accepted to continue running past your current licensing date. There is likewise no guarantee that you will be able to send an application after the present 6 month moratorium, nor exists any kind of reason to believe that the City will certainly accept any more applications for dispensaries. If your wish is to continue supplying patients with medicine, you need to consult with a knowledgeable medical cannabis licensing lawyer to assist you come up with a plan on just how you can try to continue in the market.
If you want to discuss obtaining a license under the Michigan Medical Marijuana Facilities Licensing Act,
be it a provisioning centers, processing facility, grow operation, testing laboratory or secured transporter,
get in touch with Fowler & Williams, PLC today for an assessment.