The state’s Marijuana Regulatory Agency (MRA) is expected to release draft emergency rules for the regulation of recreational marijuana around June 1 (next month). The promulgation of rules is required per the Michigan Regulation and Taxation of Marihuana Act (MRTMA) passed by voters last November. The draft rules are anticipated to be similar to the Medical Marihuana Facilities Licensing Act (MMFLA) rules, and the MRA has indicated the rules will not address local zoning matters.
Ninety days after issuance of the emergency rules, the MRA may begin accepting applications. That date is not concrete, but could be as soon as September. The department has indicated they’ll be prepared, but whether they actually begin accepting applications early depends on many different factors. Per the MRTMA, the department must begin accepting applications by December 6, 2019.
Once the MRA begins accepting and processing applications, if no sound reason to deny a license exists the applicant will be approved. Possible reasons an application could be denied is that the applicant is out of compliance with requirements in the MRTMA or in the finalized emergency rules, or the municipality in which the applicant is seeking to locate has opted out. If your community is not opting out, it is recommended you have any needed zoning requirements in place prior to the MRA processing applications. Again, this could be as early as September.
The League will continue to update members as we receive new information. We will also be having an informational webinar once the emergency rules are released. Further details will be forthcoming on the webinar. League members with additional questions can contact me at [email protected] or the League’s General Counsel Chris Johnson at [email protected].
Update – the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has published guidance related to solid waste and hazardous waste regulations for growing and processing marijuana. The guidance is available at https://www.michigan.gov/documents/egle/tou-MarihuanaProcessingWasteGuidance_653794_7.pdf
Jennifer Rigterink is a legislative associate for the League handling economic development, land use and municipal services issues. She can be reached at [email protected] or 517-908-0305.