Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

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.

Recent Articles & Announcements

  1. Employee Classification – Unde...

    The distinction between employees and independent contractors continues to be hotly discussed in both business and legal circles – and wit...

    Read More
  2. Does our township have to procee...

    No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a townshi...

    Read More
  3. Top Seven Township Special Asses...

    In Michigan, townships often use special assessments to fund a myriad of improvements ranging from building sidewalks, treating inland lakes...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.