Michigan Judge Ruling Extends MMFLA October Deadline
Michigan MMFLA applicants are considered safe to continue business past LARA’s October 31, 2018 deadline until November 9, 2018. Just two weeks after Canadian neighbors rejoice with nation-wide cannabis legalization, over 200 Michigan MMFLA applicants submitted in February this year are still waiting for their license under the new program with most operating under a temporary rule plan expecting to close their doors after today to hold good standing in the application process.
After a six month rule plan to operate until the June 15 deadline was set, the deadline was extended to September 15, 2018 for due process on waiting applicants.
On September 11, 2018 a court order ruled to extend the deadline for the third time until December 15, 2018 without affecting applicants chances of disqualification. The department then reverted it back claiming temporary operation after October 31, 2018 is considered unlicensed activity and may result in a referral to law enforcement.
argues Judge Stephen Borrello this recent Tuesday.
A likelihood of success on the merits with respect to whether the shortening of the deadline from December 15, 2018 to October 31, 2018, for temporary operating applicants such as plaintiff to cease operations was arbitrary and capricious.
A hearing for November 9, 2018 against the State of Michigan now holds the next extension after Michigan Court of Claims Judge Stephen Borrello extends the October 31 deadline. The state must explain why a preliminary injunction should not be considered.
What this means for current good standing applicants:
- You do not have to destroy your product on October 31, 2018
- You can do business after October 31, 2018
- You should refrain from doing business after November 9, 2018 until further notice from the hearing
Find more information about BMMR at www.michigan.gov/bmmr
Find the latest information from LARA at www.michigan.gov/lara
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