Category: Legal Corner

Convoluted Laws

Convoluted Laws

Michigan’s rules on CBD derived from cannabis vs. hemp conflict While cannabis legalization was the clear focus of Proposition 1 in November 2018, industrial hemp legalization seemed like the no-brainer add-on. There is virtually no tetrahydrocannabinol (THC) in hemp, so it has already been unfairly burdened with the mantle of CSA Schedule I for far…
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Room For Improvement

Room for Improvement

Michigan’s minimum capitalization requirement creates an assortment of problems In November 2017, when Michigan’s Department of Licensing and Regulatory Affairs (LARA) first published temporary regulations, called the Emergency Rules for the Medical Marihuana Facilities Licensing Act (MMFLA), hopeful licensees were faced with a new capitalization requirement. Any person hoping to hold a license was now…
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Maintaining Awareness

Maintaining Awareness

Provisioning centers face many rules for the sale of infused cannabis foods Anyone who has been present at pre-licensing inspections has had a front row seat to the awkward transitioning of the unregulated dispensary community that proliferated throughout Michigan prior to the Medical Marihuana Facilities Licensing Act, to the current licensed and highly-regulated medical cannabis…
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Liability of Limits

The Liability of Limits

The future of cannabis in Michigan lies with the licensing process We know that the lynchpin of the Medical Marihuana Facilities Licensing Act (MMFLA) was “local control,” meaning that representatives and senators from more conservative districts could go back to their communities and say, “Don’t worry. You don’t have to do this marihuana stuff.” This…
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Surprise capitalization requirements leave Michigan cannabis business owners scrambling

New Developments

Surprise capitalization requirements leave Michigan cannabis business owners scrambling   The unmistakable theme of the Medical Marihuana Facilities Licensing Act (MMFLA) was imbued in one of its clearest clauses—the prohibition against the capping of licenses by the state. A feature distinguishing it from most other states whose systems are brazenly monopolistic by design, this effort…
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Local Judgment

It’s time for Michigan’s cities to decide the best course of action Michigan’s cities, townships and villages have a decision to make—will they opt-in to the Medical Marihuana Facilities Licensing Act, or not? With the December 15 state license application date looming, many municipalities feel pressured to make a decision soon, and anyone with an…
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Risk & Reward

The persistence of banking woes for the cannabis industry For as long as Michigan managed to drag its feet on regulating the medical cannabis industry, it was not long enough for the Western states, already several years into legal recreational cannabis, to have the banking problem solved for us—the lack of a reliable banking system…
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