MI: Nearly 50 Marijuana Dispensaries May Be Forced To Close

Ron Strider

Well-Known Member
Nearly 50 marijuana dispensaries may be forced by the city to close within a few weeks, fined up to $1,000 a day if they don't close or have their owners taken to court.

City Attorney Jim Smiertka said Tuesday his office has identified 48 locations that may be dispensaries in violation of the city's ordinance and state law.

Each location received a cease-and-desist order on Friday, Smiertka said.

Smiertka is hopeful his staff will determine in about a week whether each location houses a dispensary that's not in compliance with local and state regulations that took effect on Dec. 15.

"We think we've done a great job in locating," Smiertka said of potential non-compliant dispensaries, "and now we have to physically verify."

Dec. 15 marked the deadline the city accepted applications for dispensary licenses and also was the day the state offered its license applications for those establishments.

Mayor Virg Bernero issued an executive order this month that says dispensaries that didn't apply for a city license by Dec. 15 must shut down.

Bernero's order allows Smiertka's office, the Police Department, the Fire Department and divisions of code compliance, building safety and zoning to ensure closure of non-compliance dispensaries.

The order allows officials to issue civil infractions, declare non-compliant dispensaries public nuisances, seek court injunctions and padlock the facilities.

Bernero's order also states Smiertka's office can issue "any other legal action deemed appropriate."

On Tuesday, Smiertka said he has three attorneys from his office verifying each location believed to be where non-compliant dispensaries are.

"We're just moving forward," Smiertka said. "We're going to have to analyze on a case by case and then make decisions to determine what the best remedies are."

To operate a dispensary in Lansing, an owner must be approved for city and state licenses.

Over the past year, city officials, neighborhood leaders and marijuana experts have estimated there have been up to 90 unlicensed marijuana dispensaries open.

The city received 85 applications for dispensary licenses by the Dec. 15 deadline and, under its ordinance, will have City Clerk Chris Swope approve 20 licenses.

Swope is expected to offer five more licenses after the first 20 are approved and issued to applicants in "several weeks."

The state Department of Licensing and Regulatory Affairs (LARA) made applications for state licenses available Dec. 15.

According to emergency administrative rules promulgated by LARA and signed by Gov. Rick Snyder, existing medical marijuana facilities have until Feb. 15 to submit a completed application "in order to not have their temporary operation viewed as an impediment to licensure."

The state anticipates approving licenses "beginning in March or April," said David Harns, a LARA spokesman, in an email to the Lansing State Journal.

Dispensaries currently open that have applied for city licenses and get their applications rejected are expected to shut down once they receive notice, Swope said.

According to state law, existing dispensaries and related establishments operating under local authorization have a Feb. 15 deadline to apply for state licenses.

In addition to dispensaries, the city is also soliciting license applications for additional types of medical marijuana businesses: safety compliance, grower, secure transporter, testing and processor facilities.

The city will shut down those facilities by Dec. 31, if they do not apply or are rejected by the city clerk.

Under Lansing's marijuana ordinance, created in September, licenses for all commercial establishments will be for one year and can be renewed.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Nearly 50 marijuana dispensaries may close or face legal action
Author: Eric Lacy
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Photo Credit: Eric Lacy
Website: Lansing State Journal - Home
 
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