UPDATED 4/18/19: Are Temporarily Operating Marijuana Facilities Ineligible for State Licensure?


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  • What is HB 4440 and does it stand a chance of endangering the interests of medical marijuana facility applicants?
  • If passed, temporarily operating facilities may need to close until fully licensed

4/18/19 UPDATE:

HB 4440 passed in the house today, April 18, 2019, with an amendment.  One caveat added by the amendment would force denied applicants to pay the state regulatory assessment (which is non-refundable) in order to appeal their denial.  The fee being non-refundable means an applicant wanting to appeal will be paying a $10,000-$60,000 fee regardless of whether or not they are granted a license.

The Bill passed with a vote of 102 yeas to 4 nays. The text of the Bill as passed by the House can be found HERE.  With how quickly it passed through the House we should expect the Senate to pass it through quickly as well.


This Bill has an immediate effect.  That means if passed in the Senate and signed by Governor Whitmer, all temporarily operating facilities must close before June 1, 2019, or risk being deemed ineligible for one year from the date of denial.

We’ll continue watching and reporting on HB 4440.  If you want to be one of the first to get these updates, sign-up for regulatory updates now!


Attention temporarily operating marijuana facilities: Today, April 9, 2019, State House Representative, Jim Lilly introduced HB 4440.  This bill would amend the Medical Marihuana Facilities Licensing Act (MMFLA) to state that an applicant would be ineligible for licensure if:

“The Department determines that the applicant, at any time after the effective date of this amendatory act that added this subdivision, held itself out as operating a marihuana facility and did not have a license to operate that facility or the applicant’s license to operate that marihuana facility was suspended, revoked, lapsed, void, fraudulently obtained, or transferred to the applicant other than pursuant to section 406. If the Department determines that an applicant is ineligible to receive a license under this subdivision, the applicant is ineligible to receive a license for 1 year after the date of the Department’s determination.”

The implication of this subdivision is that if it were to pass, applicants who are temporarily operating marijuana facilities could be deemed ineligible for licensure.  You can find a copy of the bill here. The Government Operations Committee is expected to discuss HB 4440 tomorrow morning.

We at Bricks + Mortar Group stay up to date on new and pending cannabis legislation.  We’ll be following HB 4440, so check back on our website and sign-up to get further updates!

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