Michigan medical marijuana facilities licensing act

What Real Estate Agents Should Know About Michigan Medical Marihuana Facilities Licensing Act

Posted by Richardson Dackam on November 05, 2020 · 4 mins read

For over three years now, The Michigan Medical Marijuana Facilities Licencing Act (MMFLA) has been in effect since its signing in 2016. As Governor Rick Snyder expressed during the signing, the legislature’s key purpose is to ensure that Michiganders can access safe and regulated medical marihuana products.

First and foremost, it establishes the regulatory requirements of growers, provisioning centers, transporters, safety compliance facilities, and processors.

The MMFLA Michigan provides protections for real estate owners whose properties are engaged in the cultivation, processing, or distribution of medical marihuana. It gives them protection from any criminal penalties or sanctions related to the authorized activities as provided by the act while at the same time guaranteeing protection from any unauthorized activities carried out by licensed facilities without their knowledge.

Cities, townships, and villages (collectively defined as municipalities) have the right to opt-in to allow medical marihuana facilities in their communities. They can adopt ordinances permitting one or more types of MMFLA facilities.

Municipalities can also limit the number of medical marijuana facilities, for instance, allowing a limited number of provisioning centers at a given time and opening applications at a future date. The only exemption to local ordinances pertains to the control of the pricing and purity of marihuana.

As a consequence, some municipalities have opted out of proposals passed at the state level. The good news is that a significant number of communities have opted-in with much more planning to allow marihuana-related businesses in their communities in the near future.

One recent decision that made the local news was the Greenville City council’s opt-out that prevented the establishment of recreational marijuana provisioning centers. Still, they expressed that their decision was not necessarily permanent.

All medical marijuana facilities are required to obtain a zoning compliance certificate. When setting up green zones, the focus has been placed on locating the medical marihuana facilities at comparable distances from residential areas, school playgrounds, youth facilities, etc.

In Michigan, businesses must complete a two-step application process. They must fast pass the pre-licensing stage. They must have secured a physical location for the second licensing stage to submit floor plan layouts, building-type information, structural drawings of firewalls, etc.

In some municipalities, co-location facilities are also allowed. It makes it possible to house a provisional, processing, and growing center at the same location. There are more requirements imposed on co-location facilities, such as mandatory access and exit points for each business segment.

MMFLA facilities undergo building inspections and regular safety inspections to comply with the local ordinances. The city’s department for building and safety engineering will be charged with enforcing the building codes.

Local councils that have adopted the proposals of the MMFLA have had to set up medical marijuana review committees. To cover the administrative and enforcement costs, the MMFLA allows municipalities to establish a non-refundable annual fee of not more than $5000.

Real estate agents face headwinds when finding the best municipalities for medical marihuana businesses. Zonegoat is on a mission to make it easier for real estate agents and firms to find green zoned properties.

Powered by AI, Zonegoat can generate zoning maps and pinpoint potential parcels in green zones in mere seconds. It offers a competitive edge to any investor with a strategy to establish MMFLA sites in untapped municipalities that offers favourable cost advantages, including rural locations.

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