Update on Medical Marihuana Licensing In Michigan
-Al Rogalski, Warner Norcross & Judd Partner
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Michigan voters resoundingly adopted the Michigan Medical Marihuana Act (MMMA) in 2008, allowing marijuana use for certain medical conditions. Then in September of 2016, Governor Snyder signed the Medical Marihuana Facilities Licensing Act (MMFLA), creating five licensing categories that will impact growers, processors, provisioning centers, safety and compliance testing facilities and secure transporters. So where are we now? On December 15, the state will begin accepting applications from those interested in obtaining a license to grow, process, transport, distribute or test medical marijuana. We will address the current ballot initiative, licensing requirements and other questions surrounding Medical Marihuana licensing in the state of Michigan.
Is Marihuana Legal?
-Madelaine Lane and Brian Lennon, Warner Norcross & Judd Partners
As states allow licensing for medical marihuana/cannabis dispensaries or use, there are important legal factors to consider. We will be discussing the interplay between the state medical marijuana laws and the federal criminal law which forbids use of marihuana in any form and for any reason.
What Can I Do and Where? Land Use Regulations for Medical Marihuana
-Robert Nolan, Warner Norcross & Judd Partner
In this presentation we will examine the Medical Marihuana land use regulations implemented and being implemented across the state. It is these regulations which dictate the how and where for facilities that intend to be part of the seed to patient distribution process. Many municipalities are still deliberating, but many have adopted their regulations. We will explain specifics, as well as regulation trends we are seeing now.
Federal Taxation of the Marihuana Industry
-Jay Kennedy, Warner Norcross & Judd Partner
This section will describe the federal taxation of the marihuana industry. While this activity is still illegal under federal law, the income is clearly taxable. In addition, the tax code severely limits the deductibility of expenses associated with this industry.
Is Insurance Coverage Available under Standard Commercial Insurance Policies?
-Jason Byrne, Warner Norcross & Judd Partner
This discussion will focus on the extent of coverage offered by standard commercial property and liability insurance policies and how they may apply to medical marihuana operations, particularly in light of standard criminal acts exclusions. We will also touch on potential risks around disclosures around the operations in insurance applications.
Banking Marihuana: What Do We Do with All This Cash?
-Rodney Martin, Warner Norcross & Judd Partner
Very few financial institutions around the country are willing to accept the proceeds from marihuana sales, and payment processors will not allow traditional debit and credit cards to be used in cannabis transactions. We will talk about emerging payment alternatives and discuss best practices for convincing a bank or credit union to accept your funds.
Does the Corporate Veil Apply to Cannabis Operators?
-Matt Crowe, Warner Norcross & Judd Associate, and Matt Johnson, Warner Norcross & Judd Partner
Business entities, such as corporations and limited liability companies, can significantly protect business owners and operators from liabilities arising out of their business. This discussion will focus on the extent to which an entity's engagement in the cannabis industry may significantly undermine those protections.