Cannabis use in Michigan has been a new law that opens up many opportunities for a new life. The new law on expungement that will soon be implemented in the state of Michigan has raised a lot of questions about its effect on the use of cannabis or marijuana in the State. While some citizens are concerned about how they can legally use the substance others are concerned about how they can legally start a business selling cannabis.
Here at Haque Legal, it is our goal to provide information to potential clients and our readers with the help of our criminal defense attorneys in Southfield. We want to make sure that we get the message across and tell you all of the possible information that you would need to protect your rights.
When it comes to cannabis use, there are some things that you need to know first about before even thinking about touching the substance. If you are into business, you need to hold off any plans on selling the substance until you follow the rules on this series of articles about the business of cannabis use in Michigan.
Let us begin with the most basic questions.
Do I need a business license to sell marijuana?
Yes, since the legalization of the use of cannabis for recreation there are a lot of government requirements that have been attached to the business. Before even thinking about selling marijuana, you need to make sure that you have the proper licenses that you are now legally required to have.
How do I start?
To start the business you need to go to the government agency that is in charge of licensing and regulating marijuana businesses in Michigan, is the Department of Licensing and Regulatory Affairs (LARA).
Is there a prohibition on ownership of a marijuana business?
Yes, any person who wants to sell or own a marijuana business must not be an employee or advisor who is involved in the enforcement of the law.
What kind of license do I need to get?
Your marijuana business is required to have its license. The kind of license that you need will be dependent on the kind of business that you want to do such as the following:
These are the individuals who aim to cultivate their own marijuana business by farming them the cannabis plant. This is still subject to regulation on the class of license that would be given to you.
The Classes of Cultivators
According to Michigan law, the following are the kinds of cultivator licenses that are available to you:
- Class A License – these licenses belong to micro growers or individuals who are allowed to cultivate up to 100 marijuana plants in their households or their nursery;
- Class B License – this license belongs to a cultivator who is allowed to grow up to 500 marijuana plants; and
- Class C License – this license belongs to a cultivator who is allowed to plant up to 2,000 cannabis plants.
Some special cultivator licenses may be issued by LARA and they can be for marijuana-related scientific research and education, the cultivation for purposes of propagation, and when the consumption is for special events at limited conditions.
The processors are the individuals who process the cannabis plant and turn them into marijuana as consumed by the end-user. The processor’s license is dependent on the location of the plant.
Testing facilities are also required to obtain licenses. This is primarily to make sure that the facilities go through strict sanitation requirements.
Micro Businesses and Retail Stores
For those who want to start a small business selling cannabis in Michigan, the micro-business license is available. Generally, you are considered a microbusiness if you are licensed to cultivate only up to 150 marijuana plants. The difference between the cultivators is that micro-businesses are also allowed to process, package, and sell their end products directly to the consumer.
What would disqualify me from getting a license?
Different reasons may get you disqualified from getting your marijuana business license. The following are some of the common reasons:
- If you feel the background check. you will most probably be disqualified from getting a license. People feel the background check when they have a direct or indirect financial connection to the marijuana business but are also employed under a law enforcement agency.
- A prior conviction that is related to the distribution of the controlled substance to a minor is also a good way to be disqualified from getting the license. While the law in Michigan is very clear that a prior conviction for a marijuana-related offense will not affect your chances of being granted a license to sell if it is related to selling to a minor you will most probably be disqualified.
How long is my license valid?
Your license would be valid for one year unless you have been granted a longer period. Once given the license you may renew it after the payment of a renewal fee and the approval of your renewal application.
How long will my application be processed?
Your application for your license is to be processed within 90 days from the date of receipt of your application. The period required by law is necessary for the department to review your application. During this period your application may be approved or rejected and such rejection will provide the specific reasons why you cannot yet be granted the state license.
You Might Need Our Help
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used. We also want to make sure that you know how to protect your rights and how to enjoy them. If you want to start using cannabis recreationally or start a business of selling that is legal, we are here to help you out.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need help with making your cannabis use legal, our drug charges lawyers in Southfield are here to help. Our operators are always standing by to help you out.