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Can a township allow the temporary operation of commercial medical marihuana facilities prior to receiving a state license?

Yes. The Bureau of Medical Marihuana Regulation (the “Department”) issued its emergency rules (“Rules”) that were promulgated under the Michigan Medical Marihuana Facilities Act (“MMFLA”). Rule 19 specifically addresses the temporary operation of state-licensed facilities prior to approval by the Department as long as the Township approves of temporary operation.

Under Rule 19 (1)(a) and (1)(b), the facility must be “within a municipality” that “is pending adoption of an ordinance” pursuant to section 205 of the MMFLA or “has adopted an ordinance” pursuant to section 205 of the MMFLA before December 15, 2017. The applicant must further submit a form to the Department that is executed by the clerk of the township confirming that an ordinance has been adopted, the limitations on the types of licensees under that ordinance, and the signature of the clerk confirming that the applicant is authorized to temporarily operate the proposed commercial medical marihuana facility.

The operation can continue until June 15, 2018. At that point, the Department will have either denied or granted the licensee’s state license. If it is denied, then the licensee will need to stop all operation.

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