LARA releases advisory bulletin regarding co-location of medical marihuana facilities

Published 10:37 am Monday, September 25, 2017

The State of Michigan’s Department of Licensing and Regulatory Affairs released an advisory bulletin Thursday to inform and advise prospective medical marihuana licensees regarding co-location of medical marihuana facilities.

The bulletin is for advisory purposes only and is subject to change.

The Bureau of Medical Marihuana Regulation intends to allow for co-location in a single facility. A potential licensee may apply for ­— and be granted — the following licenses:

• Grower

• Processor

• Provisioning Center

It is the intention of LARA that multiple licenses will be allowed to co-locate in the same facility if the following conditions are met:

• For each license assigned to the same location, the facility must have separate working areas, separate entrances and exits, separate point of sale operations (if applicable), and separate record keeping systems. Each entity’s license must be posted on the wall in its distinct working area.

• The municipality in which the facility is located must not have passed local ordinance or zoning regulations limiting the operation of co-located licenses.

• The licensee is compliant with all local and state regulations regarding building inspection, fire safety, and public health standards.

• The department has specifically authorized the licensees to operate at the same location.

When deciding whether to pursue co-location of licenses, potential licensees should take into consideration that there may be additional inspections and/or permits required for co-located licenses. Also, each grower, processor and provisioning center will require its own separate application, regulatory assessment and license.

This bulletin does not constitute legal advice and is subject to change. It is intended to be advisory only, in anticipation of the Department of Licensing and Regulatory Affairs’ promulgation of emergency rules consistent with statutory requirements. Potential licensees are encouraged to seek legal counsel to ensure their licensure applications and operations comply with the Medical Marihuana Facilities Licensing Act and associated administrative rules.

More information on the BMMR can be found at the bureau’s website, michigan.gov/bmmr.