The MML Review March-April 2022

Marihuana Legislation Update In the meantime, at the Capitol, some legislators are working to limit the amount of marihuana caregivers could grow and distribute. More specifically, the proposed Michigan Cannabis Safety Act which, as of January 2022, was still in the introductory stages at the Legislature, would, among other things, create a new “specialty medical grower” designation, prohibit transfers of marihuana from licensed specialty medical growers to a licensee in the recreational marihuana market, and reduce the number of registered patients a primary caregiver may assist from five to one beginning March 21, 2022 (therefore, limiting the amount of plants a caregiver could grow). The legislation would also create new rules for where and how specialty medical growers may cultivate and manufacture medical marihuana (i.e., in agricultural or industrially zoned or unzoned areas only). Leslie Abdoo is a shareholder at Foster Swift Collins & Smith PC. You may contact her at 616.726.2232 or labdoo@ fosterswift.com.

Election Law timeframe, which gives cities the option to push the issue out to the next election if the petition is not filed in time. In addition to the procedural issues, there are many problematic features regarding the substance of the proposed amendments, including: • The administrative burden of creating a new city or village department to handle marihuana applications; • The risk of future lawsuits created by subjective selection scoring processes; and, • The way that the petition seeks to alter the structure of the city or village government, which, the attorney general has noted, could be extremely burdensome and crippling to small communities. It will be important to explore options with your municipal attorney in the event the issue reaches the voters and is approved, because the community may be required to take action with respect to the requirements of the amendment (i.e., adopting ordinances, resolutions, creating the department, and scoring system) within a specific period of time. Many of these issues are still being litigated.

Partnerships & Policy: Fueling a Community Revival

March 15-16, 2022 Lansing Center

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HIGHLIGHTS

MARCH / APRIL 2022

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THE REVIEW