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Cannabis Law Blog

Posts by R. Lance Boldrey

Cannabis Law Blog

News and analysis focusing on the full spectrum of cannabis-related issues facing businesses, investors, financial institutions and all levels of government throughout the United States

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Photo of Cannabis Law Blog R. Lance Boldrey
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Showing 42 posts by R. Lance Boldrey.

Michigan to Beat Illinois!

With the simple release of an Advisory Bulletin, Michigan’s Marijuana Regulatory Agency (MRA) has assured that Michigan will be the first Midwest state to allow adult-use sales, commencing December 1, 2019!

As we have previously reported, Michigan’s Emergency Rules for Adult-Use Marijuana provide for companies that hold equivalent medical marijuana business licenses to transfer medical marijuana and medical marijuana products to their equivalent adult-use licenses. In other words, a dual-licensed grower can transfer inventory from medical to adult-use—and so can a provisioning center/retailer (in non-Michigan parlance, a dispensary).  Read More ›

New Information on the Use Transfers to Feed the New Adult Use Cannabis Market

As we have reported in the past (9/27/19 and 10/7/19) Michigan’s Emergency Rules for adult-use marijuana provide for medical products to be transferred to the adult-use market as long as the transfer takes place between equivalent licenses under common ownership. In other words, an adult-use grower can transfer in plants from a medical grower operated by the same entity; a co-located adult-use retailer/medical provisioning center can transfer medical products to the adult-use retail operation. But the Rules also provide that MRA will set a defined start date and end date and may announce other requirements for such transfers. We have been working for some time to get clarity from MRA as to how this rule will work. As recently as last week, MRA had no guidance to offer. Read More ›

Michigan’s New Marijuana Regulatory Agency Issues Guidance on the Treatment of “Temporary Operators” and Caregiver Product

Today, the new Michigan Marijuana Regulatory Agency (MRA) issued a press release regarding recent Michigan Court of Claims rulings, explaining how “temporary operators” will be treated going forward as well as how “caregiver” product will be used to keep a supply chain open to meet patient demand. The Executive Director of the MRA, Andrew Brisbo, also discussed these issues at his Senate confirmation hearing today. Read More ›

Governor Whitmer Eliminates the Medical Marihuana Licensing Board and the Medical Marihuana Advisory Panel

Governor Gretchen Whitmer through Executive Order 2019-7 eliminates the Medical Marihuana Licensing Board and the Medical Marihuana Advisory Panel in reorganization of the marijuana program.

Today, Governor Whitmer issued Executive Order 2019-7 which reorganizes within the Department of Licensing and Regulatory Affairs (LARA) a new Type 1 Agency named Marijuana Regulatory Agency (MRA) with a gubernatorial appointed Executive Director. The Executive Director is subject to advice and consent of the Senate. The Executive Order will become effective April 30, 2019 unless disapproved by the Legislature. Read More ›

Unlicensed Michigan Medical Marihuana Facilities Must Close December 31

CLOSE OR BE DENIED!  In a major year-end development, the Michigan Court of Claims today dismissed the last of the cases that allowed unlicensed Michigan medical marihuana facilities to operate. All court orders preventing Michigan’s Department of Licensing and Regulatory Affairs (LARA) from setting a date by which the so-called temporary operators must close have now been dissolved—technically, that leaves in place the emergency rule by which unlicensed facilities must close by October 31, 2018, although the court had enjoined enforcement of that until its order was dissolved today. In an Advisory Bulletin issued late this afternoon, LARA announced that it would extend temporary operation until December 31, but no longer. Read More ›

The STATES Act, Rooted in Federalism, Would Address Systemic Risk in Cannabis-Related Banking

Coauthored by Dykema Summer Associate Shaun Sullivan-Towler.

For financial institutions interested in banking state-legal marijuana businesses, 2018 has been a rollercoaster. In January, Attorney General Jeff Sessions rescinded the Obama-era policy of lenient federal enforcement, creating new confusion for banks and credit unions about the future of marijuana-related banking. Many feared that the Financial Crimes Enforcement Network (FinCEN) would withdraw or amend its guidance as well, thereby eliminating the only federal guidance directed to financial institutions on banking marijuana businesses. But FinCEN has since been clear that its guidance remains in place and announced that, as of March 31, 2018, a total of 411 banks and credit unions now provide services to marijuana-related businesses, up from 365 a year ago. Read More ›

BMMR News! Updates From Michigan Medical Marihuana Licensing Board

At the March 22nd Michigan Medical Marihuana Licensing Board meeting, Andrew Brisbo, Director of the State’s Bureau of Medical Marihuana Regulation (“BMMR”), provided some important updates on Michigan’s licensing process. Read More ›

Michigan Medical Marihuana Licensing Board Divided on Licenses

Today marked the first day Michigan’s Medical Marihuana Licensing Board took action on licenses under Michigan’s relatively new Medical Marihuana Facilities License Act (“MMFLA”). Although industry observers were hoping for some initial signals on the standards the Board will apply in decisions, today’s meeting instead revealed confusion on the part of Board members, and failed to reach any conclusions. Read More ›

Michigan Continues to Fine-Tune How Marihuana Businesses Can Operate Before Licensure

Earlier this month, Michigan’s Department of Licensing and Regulatory Affairs (“LARA”) announced that its forthcoming emergency rules will allow existing unlicensed medical marihuana businesses to continue to operate while they seek licenses under the new Medical Marihuana Facilities Licensing Act (“MMFLA”). LARA’s announcement was a surprising reversal of its earlier proposed policy that continued operation after December 15, 2017, would harm an applicant’s chances to receive a license. Read More ›

Michigan Gets Recommendations for Medical Marijuana Rules, New Advisory Panel Members

Back in August, Michigan’s Department of Licensing and Regulatory Affairs (LARA) announced the formation of “work groups” to provide input as LARA adopts emergency rules to govern activities under the State’s new Medical Marihuana Facilities Licensing Act (MMFLA). Organized around the MMFLA’s five license types, those work groups met last month. At today’s meeting of the Michigan Medical Marihuana Licensing Board, LARA unveiled summaries of the work groups’ recommendations. Read More ›