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Mayor Bernero Issues Executive Order to Authorize Temporary Operation of Medical Marihuana Facilities

December 11, 2017

(LANSING) - Mayor Virg Bernero today issued an executive order that allows existing medical marihuana provisioning centers in Lansing to continue operating as long as they apply for a city license by December 15, 2017 and also apply for a state license no later than February 15, 2018. If they fail to apply for the licenses, or apply and have their application rejected, medical marihuana provisioning centers will be required to close by December 22, 2017. Under the executive order, grower, processor, safety compliance and secure transport facilities that fail to apply for a license, or apply and have their application rejected, will be required to close no later than December 31, 2017. If a facility does not secure a state license to operate by June 15, 2018, or if they are denied a state or city license, they also must cease operations. The mayor’s executive order mirrors the provisions of Emergency Rules issued last week by the Bureau of Medical Marihuana Regulation, a division of the Michigan Department of Licensing and Regulatory Affairs (LARA), which allow for the temporary operation of unlicensed medical marihuana facilities. The Emergency Rules require that facilities apply for a city and state license, that the municipality where they are operating has adopted an ordinance to regulate the industry, and that the municipality has authorized the temporary operation of the facilities. “Lansing has led the way with a model ordinance to facilitate the growth of a new industry that promises to bring new jobs, increased property values and safe access to medicine for medical marihuana patients,” said Mayor Bernero. “My executive order is designed to implement the new state law and the regulatory framework it requires for the temporary operation of medical marihuana facilities and to make this transition period as smooth as possible for all stakeholders.” Executive Order 2017-02, which takes effect immediately, also directs the Lansing City Attorney, Lansing Police Department, the Code Compliance Division of the Lansing Fire Department and the Building Safety and Zoning divisions of the Department of Planning and Neighborhood Development to enforce the provisions of the order by taking all legal and administrative actions necessary to close medical marihuana facilities that fail to meet the requirements of the city’s temporary authorization to operate. These actions include issuing civil infractions with a penalty of $1,000 per day; declaring the operation as a public nuisance and seeking to abate the nuisance; seeking court-ordered compliance and/or other injunctive relief; and, if necessary, padlocking the facility. Mayor Bernero noted he has also submitted a resolution to the Lansing City Council for their consideration at Monday night’s meeting. The resolution is required by the state’s Emergency Rules for Lansing to authorize the temporary operation of medical marihuana facilities within its jurisdiction. 

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