The previous week has actually been a busy one in the City of Detroit when it concerns Medical Marijuana Facilities Licensing Act concerns. The City application deadline for currently running centers was February 15. The Wayne County Circuit Court’s Chief Judge, Robert Colombo, Jr. issued a ruling pertaining to the voter initiatives as well as dispensary zoning requirements. Finally, the City issued a halt on applications and authorizations for brand-new medical marijuana provisioning centers within the City of Detroit.
Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana dispensary owner as well as 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 additionally needed 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 were on the accepted list, and regardless of whether you have been operating with City approval, your license with the City will not be renewed. Neither will your existing municipal license to operate be renewed. Simply put, if you didn’t 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 be able to apply, or be approved, once the moratorium is over. Even more reason to inquire about the regulations and also regulations with a medical marijuana licensing attorney that recognizes the complexities of this ever-changing and complex location of legislation.
Moratorium on New Provisioning Centers:
Detroit has placed a six month moratorium on applications for Medical Cannabis provisioning center licenses as of February 15. The City has actually specified that it will not release any kind of new provisioning center licenses throughout that 6 month period. Even more dramatically, for provisioning centers that were running under a municipal license or under a legal arrangement with the City that they would certainly not close your center down, if you did not submit your State Application for a dispensary license, and also send 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 run, and also your presently issued and valid license to operate in the City, will certainly not be renewed. Organisations that did not get their applications in by the deadline will 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 issue any more licenses after that moratorium is passed, which it would be within its rights to do. Therefore, if you didn’t get your application in prior to the deadline, you need to chat with a medical cannabis licensing attorney to review your options moving forward.
Circuit Court Strikes Down Zoning Initiative:
The last news pertains to the voter initiatives that were passed in November which changed the zoning requirements for dispensaries. Citizens accepted a decrease in the zoning restrictions regarding medical cannabis dispensaries. The ordinance required that a provisioning center needed to be at least 1000 feet away from a church or school. The initiatives proposed to reduce 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 might not be changed by voter initiative. Consequently, the initiatives were overruled and also the original zoning limits are once more in place. While numerous citizen teams are vowing an appeal, it will certainly be time before the Court of Appeals as well as, eventually, the Michigan Supreme Court can consider in on the concern. The zoning statute, if it continues to be unchanged, will likely additionally impact 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, as well as you sent your application to the State as well as the City by February 15, 2018, then, these modifications will certainly have little to no effect on you. Anyone operating a center in Detroit that did not apply by the deadline, or that is running illegally and also is not on the Detroit authorized centers’ checklist, the decision might be ruining. You may not have the ability to run your facility after the end of the year, or sooner, relying on the nature of your facility. If you are not on the approved list, you will certainly not have the ability to get city authorization to run, which is a condition precedent to acquiring your State license. Because of this, you will not have the ability to obtain an operating license from the State, and also your unregulated center is most likely to become a target of State regulators. If you were operating legally, yet did not get your application in to the City or the State by February 15, 2018, you will certainly not be municipally approved to proceed running past your current licensing date. There is also no guarantee that you will certainly have the ability to submit an application after the present 6 month moratorium, neither exists any type of reason to think that the City will certainly accept anymore applications for dispensaries. If your desire is to proceed giving people with medicine, you require to talk to an educated clinical marijuana licensing lawyer to help you come up with an intend on how you can try to proceed in the market.
If you intend to go over obtaining a license under the Michigan Medical Marijuana Facilities Licensing Act,
be it a dispensaries, processing facility, grow operation, testing laboratory or secured transporter,
contact Fowler & Williams, PLC today for an assessment.