Michigan local governments take note: Rules emerge for medical marijuana facilities

With rules forthcoming from the Department of Licensing and Regulatory Affairs, Michigan State University Extension is offering training for local government on next steps in local regulation of medical marijuana facilities.

October 31, 2017 - Author: , Government & Public Policy Educator

On September 21, 2016, Governor Snyder signed three new laws that clarify and add to the state’s voter-approved Michigan Medical Marihuana Act from 2008. The new laws give local governments the authority to regulate the number and location of commercial medical marijuana facilities, allow marijuana-infused products and create a “seed-to-sale” tracking system. The bills are now PA 281, 282, and 283 of 2016.

Public Act 281, the Medical Marihuana Facilities Licensing Act (MMFLA), creates a licensing and regulatory structure for five types of medical marijuana facilities: growers, processors, provisioning centers, secure transporters and safety compliance facilities. The act authorizes applications for state operating licenses beginning December 15, 2017.

That date is rapidly approaching and more and more Michigan local governments are discussing whether to allow medical marijuana facilities within their jurisdiction or not. To keep such facilities out, local governments need not take any action. To allow one or more facility type, local governments must pass an ordinance authorizing the facility type(s).

The MMFLA is absent particular details with respect to the required operations of medical marijuana facilities and the Michigan Department of Licensing and Regulatory Affairs (LARA) is charged with making rules to further regulate the five facility types. In particular, the Bureau of Medical Marihuana Regulation is responsible for the oversight of medical marijuana in Michigan. In September the Bureau of Medical Marihuana Regulation began releasing advisory bulletins for medical marijuana facilities. In addition to providing prospective facility operators with the rules by which they must operate, the bulletins also provide local governments insights as to aspects of medical marijuana facilities that local ordinances can and cannot regulate.

Michigan State University Extension is offering training for local government officials on the latest medical marijuana facilities rules from LARA. Next Steps in Local Regulation of Medical Marijuana Facilities Webinar is a follow-up training to the winter/spring 2017 MSU Extension “Regulating Medical Marijuana Facilities: A Workshop for Local Government”. The fall 2017 webinar will assume a base-level of understanding of the national and state context of medical marijuana, the overall regulatory framework in Michigan and local government roles in planning and zoning for uses of land.

The “Next Steps in Local Regulation of Medical Marijuana Facilities Webinar” will be delivered live at three different dates and times allowing participants to choose the option that works best: November 30, 2017, 6-8pm, December 4, 12:30-2:30pm and December 11, 6-8pm. The webinar will review Michigan's medical marijuana facilities laws, summarize options for local government regulation, highlight ordinances that municipalities are adopting and compare approaches and detail state authority and the latest rules facilities must follow.

Those interested in the “Next Steps in Local Regulation of Medical Marijuana Facilities Webinar” may wish to first view a webinar recording of the winter/spring MSU Extension training – “Regulating Medical Marijuana Facilities: A Webinar for Local Government” presented on March 30, 2017. Information on how to access the webinar recording is available at http://msue.msu.edu/mmfla along with educational materials and resources from the earlier training.

To register for the “Next Steps in Local Regulation of Medical Marijuana Facilities Webinar” visit https://events.anr.msu.edu/mmfwebinar

Tags: economic development, government, livable communities, msu extension, planning, public policy

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