Category: Legal Corner

What’s Up with Shrooms?

Brett Border, Senior Associate Pollicella, PLLC Detroit residents voted to decriminalize psychedelic mushrooms, also known as “magic mushrooms,” in this November’s past election, becoming the second Michigan city to do so. Ann Arbor decriminalized magic mushrooms in 2020. Grand Rapids is also well on its way to enacting policy change regarding magic mushrooms. In 2019,…
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Medical Marihuana Facilities Licensing Act Regulatory Assessments for Fiscal Year 2022

July 20, 2021 The amount of the regulatory assessment for licensed medical marijuana facilities is determined annually as required by Section 603 of the Medical Marihuana Facilities Licensing Act and must be paid by those persons approved for licensure by the Marijuana Regulatory Agency (MRA) prior to issuance or renewal of each state operating license.…
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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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