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.
First, while the Board took up just two “pre-qualification” (Phase 1) applications, there are many more waiting in the wings. To date, BMMR has received 411 prequalification applications. Of these, 215 have “Attestation E,” the sign-off from a local municipality that allows them to continue to operate without a license until they receive a decision on their State application, or until June 15, whichever comes first.
Second, of the “facility license applications” (Phase 2) received by the State, the breakdown is as follows: 9 Class A grow, 2 Class B grow, 46 Class C grow, 21 processor, 57 provisioning center (dispensaries), 2 secure transporter, and 4 safety compliance facility (testing labs). It is not at all clear from Director Brisbo’s report how many of the prequalification applicants have filed facility license applications. Since each license requires a separate application, individual prequalification applicants can (and will) file multiple facility license applications. Thus, the number of applicants who have actually filed full applications is undoubtedly far fewer than the total of 141 facility license applications pending.
In addition to discussing the state of current applications, Director Brisbo also mentioned that BMMR’s tracking now shows 72 municipalities that have adopted “opt-in” ordinances, although he acknowledged that the State’s list may not be complete. (Our tracking has 93 municipalities with opt-in ordinances actually adopted, or roughly 5% of Michigan’s cities, villages and townships.)
Director Brisbo next touched on the “cease and desist” notices that have been delivered by BMMR to marihuana businesses that the State believes to have been operating and that did not timely file their State applications. (Readers of this blog will recall the long debate over whether existing dispensaries could qualify for licensure under the MMFLA. Such businesses can apply, but must meet specific criteria, including having applied for the State license by February 15.) Over 200 businesses were given these notices, and more will receive them. We are aware of multiple businesses that received such notices but in fact were never operational—in such cases, the recipient should contact the State to explain their situation.
Next, Director Brisbo announced that BMMR will be holding an educational session on Monday, March 26, focused on design and construction issues.
Director Brisbo also announced the amount of the regulatory assessment that all licensees other than safety compliance facilities must pay. That fee will be set at $48,000 per license for FY 2018, except for Class A grow licenses, whose fees are capped at $10,000.
Finally, although not part of today’s announcements, it bears noting that this past Monday, METRC held a training session for integrators who wish to provide third party inventory and control tracking systems for Michigan licensees. The API Confidentiality and User Agreement has also been released by the State.
The State of Michigan continues its march forward to a regulated framework for medical marihuana production and sales. Check back with Dykema’s Cannabis Law Blog for updates as the process unfolds.