Is Michigan Going to Shut Down Medical Cannabis Dispensaries for Three Months?

September 12, 2017 Michigan

Michigan’s Medical Marijuana Licensing Board is going to meet Tuesday and is likely to vote to shut down the state’s medical cannabis dispensaries until the mid of December.

This imminent closing down of dispensaries is the consequence of a 2013 Supreme Court ruling that termed dispensaries a “public nuisance” and also raised the question of their legality. After four years of the ruling, the licensing board is contemplating to act upon it. Board members have pointed out that they will call off the Michigan’s medical cannabis program until the commencement of new state regulations for licensing. New regulations will come into act from Dec 15.

The closure motion was forwarded by Don Bailey, a board member, on Aug 21. He said all dispensaries are operating in complete violation of Supreme Court ruling and state laws, his sentiments were also shared by the Chairman of the board.

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Even though no action has been taken on the motion yet, board members will have another chance to act when the committee reconvenes again on Tuesday. The meeting is going to take place nearly after a year when the State Senate passed three bills to formulate new regulations regarding medical cannabis to address the confusion created by the 2013 Supreme Court ruling.

If Bailey’s motion gets the approval of board, then all dispensaries will be closed temporarily until mid-December. The prospect of the closure of dispensaries for three months has elicited a response from the concerned patients.

According to the spokesman for the Bureau of Medical Marihuana Regulation (BMMR), David Harns, the agency is “currently reviewing the recommendations and discussions from the Medical Marijuana Licensing Board, and consulting with the Attorney General’s office before any action is taken.”

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According to Harns, any action taken will be devised by taking into the account the concerns of patients and dispensaries.

If board moves to temporarily shut down the dispensaries, there are very bleak chances that the state will act to neutralize this move, because the state’s attorney general, Bill Schuette, also shares the opinion of board members.

Schuette, and a local prosecutor, originally brought the case of prohibiting retail medical marijuana sales which then led to the 2013 Supreme Court ruling. Schuette also sent letters to 83 other prosecutors to file the same petition against the dispensaries. After the legislation resulting into new regulations passed in the Senate, Schuette hasn’t reiterated his stance publically.

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The creation of Medical Marijuana Licensing Board was also part of this legislation. As per the passed legislation, the licensing board has the “general responsibility for implementing this act”. However, no specifics are given regarding the board’s authority.

Bailey’s motion for shutting down all the dispensaries dealing in medical marijuana was made by using a clause of the legislation. The clause provides “jurisdiction to the board over the operations of all marihuana facilities.” Support from three of the five members of the board to Bailey’s motion can lead to the provisional halt of the sale of medical cannabis until mid-December.

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