Michigan Proposes Unified Cannabis Licensing System, Merging Recreational and Medical

July 4th, 2024 Legislation & Policy Updates
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Bi-partisan legislation introduced in Michigan seeks to streamline the state's cannabis laws by merging regulations for the adult-use and medical cannabis industries. This reform initiative aims to address the complications and burdens posed by the current dual regulatory system, which has been described as cumbersome for both businesses and the state's Cannabis Regulatory Agency (CRA).

The proposed legislation would repeal the state's 2016 Medical Marihuana Facilities Licensing Act, simplifying the regulatory framework for cannabis operations. Currently, cannabis businesses must renew both a medical and a recreational license annually to grow, process, transport, or sell cannabis products. The new legislation proposes a unified licensing system, which would require only one license per activity under the state's cannabis legalization law. Importantly, the proposed changes will not affect the existing system for medical cannabis patients and caregivers established under the state's 2008 medical cannabis law.

State Representative Graham Filler (R-St. Johns), a co-sponsor of the bill, emphasized the benefits of this streamlined approach. "Streamlining and simplifying these laws is a win for everyone involved – from businesses to patients to regulators," Filler stated. He highlighted the obsolescence of the dual licensing system, noting that recreational use now dominates the market, accounting for approximately 99% of cannabis sales in the state.

Representative Jimmie Wilson, Jr. (D), another co-sponsor, expressed optimism about the proposal's potential to enhance Michigan's appeal to cannabis businesses. "This is about making Michigan an attractive and stable place for marijuana businesses to thrive," Wilson said. "A single, cohesive regulatory framework will support our growing economy, ensure the safety and quality of marijuana products, and maintain access for medical marijuana patients. This is a forward-thinking approach that positions Michigan as a leader in the industry."

Under the new system, the changes would take effect in March 2026. Existing medical licenses that have not expired by this date will be converted to a new, generic title; for example, provisioning centers would be reclassified as "marihuana retailers." The legislation also allows local governments the opportunity to block medical marijuana dispensaries from expanding their operations if they act before the March 2026 deadline.

This legislative effort follows a previous attempt in 2021 to reform Michigan's cannabis regulations, which faced significant opposition from home caregivers. Learning from past challenges, Filler noted that the current proposal is more focused and has been developed in consultation with industry stakeholders. "In this one, the industry's actually going to benefit. It's going to be streamlined. So why would they push back on something that's kind of a down-the-middle bipartisan push?" he said.

However, the legislation could encounter two major hurdles: the legislative calendar and the requirement for a supermajority vote. With lawmakers on their summer break and the November general election approaching, there is limited time to address substantial legislative changes. Additionally, because the legislation seeks to amend laws enacted through voter initiatives, it requires a three-fourths supermajority vote to pass both chambers of the Legislature.

Despite these challenges, Filler remains confident. "I think I'll be okay in the Republican caucus because I think words like modernization and efficiency, and cutting the red tape, streamlining the process … that's how we speak, that's what we think about," he said.

The bills were referred to the House Regulatory Reform Committee on June 27th.

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