Medical Marihuana Facilities Licensing Act (MMFLA) and Michigan Regulation and Taxation of Marihuana Act (MRTMA):
How Are They Different?

 

Short answer: The MMFLA regulates the medical market, is fully established and has final rules in place.  The MRTMA is still a work in progress.  The statutory language is finalized, but we have no rules yet and no processes for implementation.

Votes required for changes

MMFLA

Requires simple majority of vote in Michigan Legislature (56 House votes and 20 Senate votes)

MRTMA

Requires ¾ vote of Legislature (83 House votes and 29 Senate votes)

Local control

MMFLA

  • Requires city to OPT IN
  • May not issue license, unless ordinance adopted to allow facility license
  • Once opted in, then municipality may authorize any or all license types
  • Limit the number of each license type issued

MRTMA

  • Requires city to OPT- OUT
  • Municipality can prohibit all license types or limit the number of each license type or limit of types of establishments permitted

Prohibition on separation of Plant Resin

MMFLA

N/A

MRTMA

Broadens prohibition on separation of plant resin by butane extraction at residential locations under the MMMA to include using a substance with flash point below 100 degrees Fahrenheit within the boundary lines of a residential property

Amount lawfully allowed

MMFLA

2.5 ounces and 12 plants by qualifying patient

MRTMA

10 ounces that are secured in residence and no more than 12 plants at one time (that means 12 plants person over 21 in the household)

License types

MMFLA

5 types of licenses:

  1. Grower: Class A (500 plant limit); Class B (1,000 plant limit); Class C (1,500 plant limit)
  2. Processor
  3. Secure Transporter
  4. Provisioning Center
  5. Safety Compliance Facility

MRTMA

6 types of “establishment” licenses:

  1. Grower: Class A (100 plant limit); Class B (500 plant limit); Class C (2,000 plant limit)
  2. Processor
  3. Secure Transporter-this license is provided for in the act, but there is no requirement that marihuana has to be transported by secure transporter
  4. Retailer (Provisioning Center under MMFLA)
  5. Safety Compliance Facility
  6. Microbusiness: allows for 150 plants to be processed and packaged and sold or otherwise transferred to another person 21 years of age or older or to a safety compliance facility (if transaction is person to person, has to be “gifted”)

“Unreasonably Impracticable”? What does this mean?

MMFLA

No reference to this phrase

MRTMA

Prohibits administrative rule or ordinance that subjects licensee to unreasonable risk of requires such a high (no pun intended) investment of money, time or other resources

Taxes

MMFLA

  • 10% sales tax
  • Municipal portion of excise tax: 25%
  • Michigan cities are not authorized to charge sales tax

MRTMA

  • 10% sales tax to any retailer or anyone who sells or otherwise transfers to anyone other than marihuana establishment
  • Municipal portion of excise tax: 15%
  • Michigan cities are not authorized to charge sales tax

Date law went into effect

MMFLA

October, 2016

MRTMA

December 6th, 2018

First date applications accepted

MMFLA

December 15th, 2017

MRTMA

December 6th, 2019

Any effect on Medical Marihuana Act of 2008?

No direct effect on patient caregiver model for MMFLA or MRTMA