It is probable that the bill’s lead sponsor, Chairman Jerry Nadler, will seek to bring the bill to the House floor in the coming months. On September 30, 2021, the Marijuana Opportunity Reinvestment and Expungement Act (“MORE Act”) passed through the House Judiciary Committee by a vote of 26-15, with two Republicans crossing party lines (Reps. However, the DCC is poised to soon rise in prominence, and lawyers, lawmakers, regulators, and businesses should pay close attention as the doctrine has the potential to bedevil the emerging cannabis sector.Ĭongress is contemplating a national cannabis marketplace, ushering in the interstate commerce of cannabis. These decisions will have huge consequences for medical marijuana entrepreneurs and patients across the state.Vaguely recalled by practicing attorneys, the Dormant Commerce Clause (“DCC”) is often the bane of first-year students’ Constitutional Law courses. In the upcoming months, Michigan will send out licenses. “We’re just going in the order that the application was received, and the order that folks are getting back to us, letting them know if they have deficiencies in their applications,” Harns said. No one is getting licensing priority at the Michigan Department of Licensing and Regulatory Affairs. And since most places are setting caps for how many dispensaries can open, competition can be steep. Though businesses with local approval can operate without hurting their chances at a license, they haven’t received official paperwork.īoth new and existing businesses are in the running for business licenses.
Out of these 213 businesses, 150 were in Detroit, 8 were in Flint and 8 were in Lansing, Michigan. The others dispensaries that did not apply for licenses were located in less populated areas.Īs the state considers submitted business license applications, dispensaries that met the February 15th deadline are staying open, for now. Over 200 Michigan medical marijuana dispensaries forced to close also received cease and desist letters. The Second Wave of Marijuana Dispensary Was Far-Reaching Upon delivering these letters, law enforcement did not, however, seize any of the dispensaries’ supply. The first wave of closures occurred early last month with 40 dispensary closures. “Last month we delivered cease and desist letters to facilities that had not applied for state licensure and were not operating with local approval,” said Mr.
40 Michigan Dispensaries Already Closed In March They could even face federal prosecution. These dispensaries that are not in compliance with new regulations will, potentially, never qualify for another license. The state is now shutting down these businesses, just as we’ve seen in California. Others, however, did not but remained open. Many of the dispensaries catering to Michigan’s 277,000 medical marijuana card holders did submit their application by the deadline with local approval. In these cases, “it was not going to be considered an impediment to your licensure if you stayed open,” said Harns. With a city clerk’s signature, guaranteeing that a dispensary is abiding by local laws, some businesses remain open. So an emergency rule was written that allowed temporary operation with local authorization.” As this process can be difficult and expensive, the State offered medical marijuana businesses a grace period lasting until February 15th.ĭavid Harns, Public Information Officer for the Michigan Department of Licensing and Regulatory Affairs, explained to High Times, “In Michigan, there were facilities that were operating before the law was passed and before the implementation started. Per these new regulations, marijuana dispensaries require state-issued business licenses. By these new legal standards, many of Michigan’s operational marijuana dispensaries are illegal. Only when a Republican majority took over the state legislature in 2016 did they implement thorough laws for regulation, taxation and licensing. Michigan legalized medical marijuana in 2008.
Dispensaries Are Closing Across Michigan. Here’s a closer look at Michigan’s medical marijuana program, and the Great Lakes State’s many off-the-books businesses.
Now, over 200 Michigan medical marijuana dispensaries forced to close are no longer in the running for official licensing. Since then, the Michigan Department of Licensing and Regulatory Affairs has sent out hundreds of cease and desist letters to unlicensed medical marijuana operations. Last month, Michigan closed 40 unlicensed dispensaries and promised to shut a hundred more.