The Dingeman & Dancer Blog consists of articles, news, and press releases written and edited by the attorneys and legal professionals at our firm, providing updates on both recent legal developments and established advice and guidance. Choose from the various topics listed in the sidebar menu to narrow in on a particular focus.
Marijuana Provisioning Center Selection Process Problematic for Cities, Businesses
By George Powell On May 3, 2019 Traverse City officially joined other local municipalities – including Acme and Fife Lake– in holding a “lottery” system to select applicants for operation of provisioning centers (dispensaries) within the city limits. Such systems have been met with contention among competing applicants, who have spent tens (if not hundreds)…
Lansing Provisioning Center Prevails in Zoning Dispute
On March 19, the Michigan Court of Appeals affirmed the trial court’s order granting an injunction against the City of Lansing in a zoning dispute with a group operating a local provisioning center. The plaintiff, Gamut Group, owned and operated an unlicensed provisioning center in Lansing since 2011. In October of 2017, the city passed…
Municipal Zoning Laws Unlawfully Restrict Medical Marijuana Use
Author: Dane Carey On July 17, 2018, the Michigan Court of Appeals issued a major medical marijuana decision in DeRuiter v Township of Byron, holding that Michigan municipalities cannot restrict the location of lawful activities—such as the growing or providing of medical marijuana—under the 2008 voter initiated Michigan Medical Marihuana Act (“MMMA”) to residential areas only….
Michigan Passes New Law to Clarify Questions in Medical Marijuana Industry
Author: Dane Carey On January 26, 2018, Governor Rick Snyder signed Public Act 10 of 2018, amending (and improving) several sections of the Medical Marihuana Facilities Licensing Act (the “MMFLA”). The Act is designed to ensure a smooth transition into the MMFLA, cleans up a number of obvious inefficient aspects of the existing law, and adds…
Operating Medical Marijuana Facilities: A Guide for Prospective License Applicants
Author: Dane Carey In September 2016, Michigan Governor Rick Snyder signed three Medical Marijuana laws (Acts 281, 282, and 283), providing for lawful operation and licensing of medical marijuana facilities in Michigan. The permitted facilities will be licensed and highly regulated by the State (governed by Acts 281 and 283) under the purview of the…
The Michigan Medical Marihuana Facilities Licensing Act: Taking Advantage of an Opportunity
Author: George E. Powell Michigan, on the heels of economic hardship, recently amended the 2008 Medical Marihuana Act. The legislature sought to establish a framework for a responsible medical marihuana marketplace—as well as to expand tax revenue opportunity and promote job growth. Estimates have shown that that the state could generate between $44.3 million to…
Sharing Marijuana, Seeds & Clones Between Registered Patients Is Legal – the catch is… wait for It… Without Compensation
In People v. Green, registered patient Troy Green was arrested for giving less than 2.5 ounces of marijuana to another registered patient. The Court of Appeals said “Unlike the sale of medical marijuana, the delivery or transfer of marijuana, absent exchange of compensation, is specifically included in the MMMA’s definition of ‘medical use.’” It won’t…
Medical Marijuana Cases
Recently, lawmakers pushed for the right to question the genuineness of your relationship with your doctor if your physician has prescribed you medical marijuana. (1) Once the State has cracked the safe where we keep our doctor-patient confidentiality, what prevents the State from questioning that relationship for other prescribed drugs i.e. birth control, pain killers,…