Title
Resolution Authorizing the City Clerk to sign "Attestation E" for Existing Medical Marijuana Facilities to Continue to Operate Temporarily Without a State License
Body
Whereas, On December 4, 2017, the Michigan Department of Licensing and Regulatory Affairs (LARA) issued rules promulgated to establish emergency rules for the purpose of implementing the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, MCL 333.27101 et seq;
Whereas, LARA established Emergency Rule 19 to conditionally allow an applicant for a state operating license ("applicant") who is operating and has operated the proposed marijuana facility since before December 15, 2017 ("existing facility"), to temporarily continue to operate the existing facility on and after December 15, 2017, even though continued operation would otherwise require a state operating license;
Whereas, Under Emergency Rule 19, if the applicant's existing facility is within a municipality that has adopted an ordinance pursuant to section 205 of the MMFLA ("authorizing ordinance") before December 15, 2017, then in order to temporarily continue to operate the existing facility, the applicant will be required to submit an attestation on a form provided by LARA that includes the signature of the clerk of the municipality attesting to both of the following:
(i)The municipality has adopted an ordinance pursuant to section 205 of the act [the MMFLA], including, if applicable, the disclosure of any limitations on the number or type of marihuana facilities, or both. (ii) The municipality authorizes the temporary operation of the applicant.
Whereas, Pursuant to Emergency Rule 19, "Attestation E" in the "Entity/Individual Prequalification Application Packet" is the form provided by LARA under Rule 19 for the clerk of the municipality to sign to allow an existing facility to temporarily continue to operate after December 14, 2017, without a state operating license;
Whereas, There are existing facilities in the ...
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